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empreinte. 

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symbole  V  signifie  "FIN". 

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et  de  haut  en  bas,  en  prenant  le  nombre 
d'images  ndcessaire.  Les  diagrammes  suivants 
illustrent  la  m6thode. 


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1 

2 

3 

1 


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T  II 1.; 


SPEECHES 


AND 


PUBLIC   LETTERS 


OF 


I 


THE  HON.  JOSEPH  HOWE. 


I 


EDITED    EY    WILLIAM    AXxXAND,    Mr. I- 


VOLUME    FIRST. 


B  O  S  T  O  X  : 

JOHN   p.  .JEWKTT  .«t   COMI'AW 

HALIFAX:    A.  &   ^V.  MACKIX.AV.      MONTHKA,,:    ..  I,,w.ON  .  SOX. 
LONDOXt  SAJIPSOX,  hOW,  SOX  &  CO 

1858. 


If] 


I 


f-  -.^o 


I/.  / 


i  G  G 1 6  9 


P  11  E  F  A  C  E  . 


1 


For  nearly  twenty  years  I  have  been  the  intimate  friend  of 
the  gentleman,  some  of  wliose  ppeeches  and  letters  I  liave  un- 
dertaken to  edit  and  publish.  Many  of  the  speeches,  included 
in  this  collection,  I  have  heard  delivered.  Some  of  the  public 
letters  have  been  read  in  my  presence,  in  the  Legislature,  amidst 
spontaneous  expressions  of  high  approbation,  even  from  the 
\vriter's  i)oliucal  opponents.  The  efl'ects  produced  upon  the 
public  mind,  and  upon  the;  affairs  of  his  native  Province,  by 
Mr.  Howe's  mental  and  bodily  labors,  no  man  better  than  my- 
self, perhaps,  can  fairly  estimate.  Both  as  a  Legislator,  and  as 
a  public  journalist,  my  opportunities  for  observation  and  expe- 
rience have  been  ample ;  and,  from  a  very  extensive  acquain- 
tance and  intercourse  with  persons  from  all  parts  of  British 
America,  of  all  shades  of  politics,  I  have  no  reason  to  think 
that  I  over  estimate  the  o])inion  entertained  by  his  countrymen 
of  his  talents  and  exertions. 

My  object  is  to  preserve,  while  preservation  is  possible,  the 
sentiments  and  opinions  of  a  remarkable  man,  who  has  figiu'cd 
during  an  eventful  period  of  our  Provincial  history ;  to  enable 
my  cotcmporaries  —  the  men  and  women  of  the  present  day  — 
to  peruse  again,  and  to  estimate  for  their  literary  merit,  or  ora- 
torical value,  productions  that  formerly  stirred  their  blood,  or 
largely  influenced  their  affairs ;  to  give  to  the  rising  generation 
the  means  by  which  to  judge,  not  only  of  the  intellectual  cali- 
bre of  the  race  they  are  to  succeed,  but  of  the  true  character 

3 


'^ 


IV 


PREFACE. 


I 


of  :i  coiiiitryiiiaii"^  striii(glt'ri  ami  hibor:^  of  wliich  llicy  avi.'  to 
reap  IIk;  hoiu'fit. 

Beyond  llie  Ijomidarics  of  F^rilisli  Auieriea,  it  is  not  jirohable 
that  tliis  work  will  attra(;t  iiiucli  interest,  or  find  uineh  eirenla- 
tion.  Statesmen  who  iiij[in-e  in  llii'  threat  eentres  of  intelleetn;d 
life,  whether  in  Europe  or  Anieriea,  can  alone  be  expected  to 
command  general  attention.  'i\)  those  eentres  the  thoughts 
and  eager  iiuiulries  of  millions  naturally  turn,  who  no  more  ex- 
pect profit  or  i)leasure  from  reading  \\  hat  has  ])een  written  or 
spoken  in  remote  I'rovinees,  tlian  the  Hebrews  of  old  expected 
lessons  of  love,  and  j)rini-ipl(>s  suseeptibl(>  of  world-wide  difl'u- 
sion,  in  a  small  village,  remote  from  .Terusalem. 

And  yet,  some  of  the  principles,  to  the  establishment  and 
diftusion  of  which  .Foskimi  IFowi;  has  devoted  half  a  life,  are 
not  unworthy  of  the  attention  of  statesmen  at  home  or  abroad. 
The  system  of  responsible  goverimient,  of  which  he  was  the 
earliest,  as  he  was,  confessedly,  the  most  elo([uent  and  abl(>  ad- 
vocate in  the  maritime  Provinces,  is,  in  its  a[)plieation  to  Co- 
lonial adairs,  as  much  a  modern  invention,  as  the  steam  engine 
or  the  electric  tel(\graph ;  and,  like  those  great  discoveries,  can 
be  mad(i  practically  beneficial  to  any  community  of  English- 
men in  any  part  of  the  world. 

The  us(!  that  can  be  made  of  public  credit  in  developing 
the  resources  of  new  countries ;  and  the  obligations  which 
rest  upon  governments  to  employ  it  for  the  completion  of 
public  works  to  which  private  enterprise  is  unequal ,  as  illus- 
trated in  Mr.  Howe's  Railway  speeches  and  correspondence,  are 
subjects  not  unworthy  the  serious  consideration  of  gentlemen, 
however  contrat  icd  or  (Milarged  may  be  the  fields  in  which  they 
are  called  to  discuss  or  to  administer  public  affairs. 

The  "  Organization  of  the  Empire"  may  not,  in  the  rather 
incidental  modes  in  whieji  it  has  been  treated  in  one  or  two  of 


\ 
r 


can 


are 


Imon 


they 

lit  her 
c)  of 


1 


: 


PREFACE.  V 

the  speeches  and  h'tt(>rs  hielnded  in  this  collcclion,  arrest  the 
attention  of  those  who  inii^ht  he  (hsposed  to  view  it  (hll'erently, 
had  the  suhjcH't  been  <'xhaxisted  in  a  more  cliiborate  treiitisc.  to 
which  we  re^'ret  that  Mr.  Howe  has  not,  ere  now,  found  leisure 
to  devt)te  his  talents.  IJiit,  however  imperfect  the  tmitmcnt, 
the  i^randeur  of  the  subject  will  not  l)e  denied;  and  lie  emi 
scarcely  be  called  a  statesman,  and  certainly  would  Ix;  a  very 
unworthy  En<,dishman,  for  whom  it  has  no  attractions. 

From  the  hundreds  of  speeches  delivered  by  Mr.  Howe,  on 
all  sorts  of  occasions,  and  in  all  i)arts  of  the  Provinces,  1  have 
selected  only  so  many  as  were  iiuhspensable  to  illustrate  his 
pecnllar  style,  and  extraordinary  versatility.  Home  of  these, 
very  imperfectly  reported  and  never  revised,  \  have  tak(>n  just 
as  they  appeared  in  the  newspapers  of  the  day.  Of  his  letters, 
I  have;  omitted  nearly  all  the  more  sarcastic,  prescrviiiir  only  a 
very  few  of  that  description,  inclndini^  the  two  addrcssiul  to 
Lord  Falkland.  I  would  have  struck  out  from  many  of  the 
speeches,  personal  hits  and  sarcasms,  amply  provoked,  and 
well  deserved  at  the  time  (jf  d'.  livery,  but  which  I  am  cpiite 
sure  !Mr.  IIowc  would  not,  at  this  moment,  repeat ;  —  but  I 
found,  if  I  did  so,  I  could  not  preserve  the  spirit  of  the  scenes 
through  which  the  speak(>r  was  often  compelled  to  fight  his 
way.  Such  passages  occur  most  frequently  in  replies  and  ex- 
temporaneous criticisms,  called  forth  by  keen  attacks;  and 
often  exhibit  the  dexterity  and  readiness  <f  a.  debater,  after  the 
interest  of  the  question  has  entirely  pas.    ;   tway. 

Of  contributions  to  the  public  i)ress,  or  editorials,  as  they  are 
professionally  termed,  I  have  given  but  two  or  three,  out  of 
hundreds  that  must  have  been  written  by  Mr.  Howe.  These 
will  serve  as  specimens  of  a  style  of  \vriting,  which  many 
mere  literateurs  despise,  but  of  which  those  only  who  have 
tried  it,  know  th(!  dillicultii^s  and  the  value. 

1   have    included   in   these   volumes   two   poems,  wriltcn    for 

a* 


*;;„ 


VI 


I'UKFACK. 


if' 
i. 


j)iil)Iic  celebrations,  iiiul  two  politieiil  pns(|iiiMii(les,  which  wore 
tlniwii  into  the  I'ailiainentiiry  debates  of  Ho-l.  In  earlv  lile, 
Mr.  Ilowe  wrote  a  i^ood  deal  of  verse,  bnt  he  had  not  niueli 
leisnre  lor  poetic  reveries,  when  the  sterner  dnties  of  active 
manhood  were  assumed.  The  Muso  did  visit  him  occasionally, 
but  was  ol'tcii  compelled  to  don  the  garl)  of  the  Amazon,  and 
launch  a  javelin  at  the  encrni<!H  of  his  country.  It  is  probable 
tirat  a  volume  of  Contributions  to  Colonial  Literature,  includ- 
iuiif  such  of  his  j)oeins  as  are  worth  preserving,  may  be  pub- 
lished in  the  coiu'se  of  n(^\t  year. 

Of  many  Lectures,  or  public  addresses,  d(^livered  before  Sci- 
enlilie  and  Literary  Hoeieties,  1  have  selected  but  three. 

I  do  not  publish  these  volumes  that  I  may  challenge  for  my 
friend  comparison  with  those  who  have,  in  the  higher  walks  of 
political  literature,  won  deserved  distinction.  Cut  I  regard 
them  as  galherings  from  the  stones  produc(>d  by  one  robust, 
self-cultivated,  Cohniial  intellect.  Better  spe(>ches,  and  better 
letters,  we  may  read  every  day;  and  yi-t  to  draw  the  compari- 
son fairly,  wo  should  remeuiber  that  it  is  rare  to  lind  good 
speakers  who  are  also  good  writers,  or  good  writers  who  can 
speak  at  all. 

11  VI-IFAN,    XoVV    SCOIIA.   / 
Oc'tuillT,     I85S.  I 


/! 


CON  T  \]  N  T  S 


: 


j 


PACE. 

Tlip  IIowo  Family ,T 

Tlu)  I'liiny  Uiot C 

Tlic  I>niii(ly  Dispute 9 

Trial  lur  Lilicl 11 

Eioctioii  S|K'i'cli('s 84 

Opening-  C'luiiicil  Doors 87 

Uoply  to  Stewart 89 

Twelve   Ktsoliuioiis 93 

Iloply  to  Wilkiiis Ill 

Kesciiiilin^' 129 

Engli.sli  rartics 1,13 

House  of  Lords 130 

Address  to  the  Kinj,' 139 

Ministerial  Kesponsibility 143 

Points  Gained 149 

Second  Address  to  the  Crown 102 

Canadian  atFairs 1  TO 

Ocean  Steamers 179 

Delegation,  1S39 185 

Civil  List,  Councils,  Trade 189 

Aft'airs  of  Canada 207 

Executive  Obstructions 209 

Lord  Durliam's  Hcport 212 

Lord  John  Kusscll's  Speech 214 

Letters  to  Lord  John  Kussell 217 

Responsible  Government 218 

Address  to  Sir  Colin  Campbell 252 

Mr.  Uniacke's  Letter 255 

New  Brunswick 257 

Third  Address  to  the  Crown 258 

Meetinj,'  in  Ilalifux 2G5 

Lord  Sydenham 288 

Departure  of  Sir  Colin 289 

The  Coalition 290 

Public  Dinner 297 

Elected   Speaker 301 

Responsible  Government 302 

Incorporation  of  Halifax 307 

Sp'   ch  on  Education 303 

VII 


Ipff 


il 


n 


<■':> 


VIII 


CONTENTS. 


M 


T\r,r.. 

Viii(  to  Ciinailii ;il'J 

Sir  ( 'lull k's  M.tciilf .'1^4 

Dodilciin  Coiifr^sidii .120 

(^oiistitiitiiiiiiili^t's  Lctlt'M .'12S,  512 

(iualiliciitidii  Itill ;)2'J 

(III  ('iillo''iatu  I'Miication .102 


11)11 , 


■')85 


S|in 
l)i,-solllt 

Kloclioiis,  1 84.1 .180 

Motciilf  iind  Fulkliiiiil 39.1 

llosijriiiitidi. .•)H4 

Lord  Fiilklaiid's  LctU'i-  iiiul  Siicccli .T.t.5 

Mr.  Howe's  Di'fcncc. 


390 

N(';;(it'.it'<  lis,  War 413 

Tho  Kdilorial  (liair 41. 'J 

Lord  Falkland's  rositiou 419 

Kxtra  Se'ssioii 42.1 

AdiliTsscs,  Kin;:s,  Hants,  t'ok'liosti'r 424 

Lord  Stanley's  Siioorh 427 

Dinner  in  C'liinberland 428 

Speech  in  Hants 4.'54 

New  IJniiis wick 4.'!0 

Wilniot's  Protest 4.17 

vSession  of  1 84,') 4.18 

Lord  Falkland's  Dispatch 4.19 

Mr.  Howe's  Comments 442 

Mr.  Uniacke's  Kesoliitions 443 

IJoply  to  the  Attorney  liciieral 445 

The  Lord  of  the  Bedchamher 458 

General  Iic]ily 477 

Musqnodohoit 513 

Pic  Nic  in  Cornwallis 514 

Among  the  Germans  of  Lnnenhurg 516 

Meeting  in  Halifax 518 

Reply  to  ]\Ir.  Wilkins 519 

Personal  Dispatelies 527 

Ivctort 529 

Arrival  of  Sir  John  Harvey 530 

Letters  to  Lord  John  llusscll,  Second  Series 531 

Arrival  of  Lord  Elgin 535 

Overtures  from  the  Government 536 

Reply  of  the  Oi)position 537 

Consolidation  of  Land  Departments 543 

General  Election,  1847 545 

The  Results 547 

Welcome  Home 548 

New  Brunswick  advancing 550 

Canada 551 

The  Coup  dc  grace 553 


I 


-: 


■(  f 


CONTENTS.  IX 

PAOK. 

Liberal  Administnition 6C1 

llospoiisililo  Ciovcnimc'iit  sct'iired 562 

Civil  r.i>t,  'r.liM:ni|)li ftO.I 

Till!  'I'wo  I'iitmvs 504 

Nowfiiiiiiiliand  Adilrcss 505 

Chaik'S  Hiillcr 500 

Mimitc  of  ( 'oiiiiril 500 

Civil  List  Sfttk'il 573 

New  Coininission  of  the  I'oiicc 574 

8pi'«M'Ii  i)n  I'Mucaiion 575 

Ifeliellimi  Lossos  Hill 590 

The  rentciiaiy 592 

DefoiKv  cif  the  ('i)!istifiitii»fi 592 

C(;l.»iiial   r..st  <  )l)i(es 623 

Law  IJill C24 

Iiicorjioratioii  of  Tywiishiiis 642 


I 


17 

13 
iJO 
)1 

&3 


'in 


U 


SPEECHES. 


w 


4 


1 

hi 


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s     n 


J 


BIOGRAPHICAL. 


i 


5 


In  a  speech  delivered  at  Southampton,  in  1851,  Mr.  Howe 
gave  the  following  account  of  his  origin:  "During  the  old 
times  of  persecution,  four  brothers,  bearing  my  name,  left  the 
Southern  counties  of  England,  and  settled  in  four  of  the  old 
New  England  States.  Their  descendants  number  thousands, 
and  are  scattered  from  Maine  to  California.  My  father  was 
the  only  descendant  of  that  stock  who,  at  the  Revolution, 
adhered  to  the  side  of  England.  His  bones  rest  in  the  Halifax 
churchyard.  I  am  his  only  surviving  son ;  and,  whatever  the 
future  may  have  in  store,  I  want,  when  I  stand  beside  his  grave, 
to  feel  that  I  have  done  my  best  to  preserve  the  connection  he 
valued,  that  the  British  flag  may  wave  above  the  soil  in  which 
he  sleeps.'' 

Frequent  references  to  his  father  occur  in  Mr.  Howe's 
speeches,  and,  wherever  his  name  is  mentioned,  it  is  accompanied 
by  eulogy  so  warm,  and  descriptive  touches  so  filial,  as  to 
assure  us  that  his  memory  is  deeply  reverenced.  He  well 
deserved  the  affection  he  inspired.  He  died  in  1835,  at  the 
advanced  age  of  eighty-three,  having  held  the  offices  of  King's 
Printer,  and  Postmaster  General  of  the  Lower  Provinces,  for 
many  years.  He  was  a  fine-looking  man,  intelligent,  courte- 
ous, and  benevolent.  He  wrote  well,  and  though  having  no 
taste  for  political  disputation,  spoke  on  religious  subjects  in  a 
strain  of  simple,  natural  eloquence,  not  often  equalled,  and 
rarely  surpassed. 

Mr.  Howe's  mother's  maiden  name  was  Edes.  She  was  the 
daughter  of  a  Captain  Edes,  who,  with  his  wife  and  two 
children,  came  out  from  England  to  settle  and  carry  on  busi- 
ness at  the  South,  but  whose  plans  and  prospects  were  marred 
by  the  breaking  out  of  the  Revolution.     She  was  a  widow, 


n 


If 
I 

I, 


(1 


It! 


w\ 


f     : 


f: 


fi        i 


i  ' 


4  nioGnAPiiiCAL. 

and  after  tlio  dcjaili  of  lii.s  iirst  wife,  wlio  had  been  INIiss  ]\Tiiiiis 
of  IJosloii,  l\Ir.  Joliii  Howe  married  licr.  The  fruits  of  this 
union  were  two  children,  a  son  and  daughter.  Tiie  daughter 
died  at  sea,  (Mi  her  retiu'n  from  Pern,  where  slie  had  gone  to 
join  l;er  lmsl)and,  and  was  buried  in  Virginia.  These  vohimes 
will  illustrate  the  life  and  labors  of  the  son. 

]\Ir.  .rt)se[)h  Howe  was  l)orn  in  ISO  I,  in  ji  pleasant  cottage, 
on  tlu!  banks  of  Ihe  North  West  Arm,  since  burnt  down,  l^ut 
in  which  his  parents  then  resided.  Here  he  spent  the  lirst 
thirteen  years  of  life:  and  here  was  nurtured  the  robust  con- 
stitution which,  for  half  a  century,  has  seemed  to  defy  mental 
and  bodily  fatigue.  Here  was  imbibed  the  love  of  nature,  of 
field  sports,  of  the  sea,  of  woodland  rides  and  rambles,  which 
are  still  retained.  Here  was  nourished  the  poetic  spirit,  tlwit, 
in  all  the  earlier  portions  of  his  life,  broke  out  into  verse ;  and 
which,  though  chastened  and  subdued  l>y  a  severe;  political 
training,  colors  all  his  speeches  and  writings  still.  He  received 
no  regular  education,  having  to  walk  two  miles  to  get  to  school 
in  summer,  and  in  winter  being  kept  at  home.  But  he  had  lii^ 
father  to  t;ilk  to  in  the  long  evenings,  and  books  to  study. 
Hard  exercise  and  desultory  reading  alternated,  and  a  well- 
stored  mind  was  ever  present  with  him,  upon  the  large  resources 
of  which  he  could  at  any  moment  draw. 

At  thirteen,  he  went  into  the  Gazette  oflice,  and  for  ten 
years  worked  at  the  printing  business,  occasionally  assisting 
his  brother*  in  the  post  ollice;  and,  at  times,  during  his  absence, 
taking  charge  of  both  departments. 

During  his  apprenticeship  Mr.  Howe  attracted  general  atten- 
tion by  the  publication  of  a  little  poem,  entitled  jMelvillo 
Island.  This  Island  stands  at  the  head  of  the  North  West 
Arm.  Prisoners  were  confined  there  during  the  last  French 
and  American  wars.  Tlu;  situation  and  incidents  connected 
with  the  island  were  poetical,  and  perhaps  the  most  was 
made  of  them.  Other  i)ieces  in  prose  and  verse  followed,  and 
were  published  in  the  ncwspapeirs  of  the  jieriod  under  anony- 


i 


:/ 


i 


*  Jnlm  Howe,  the  eldest  (if  (ivc  cliiidren  liy  the  lirst  inarriag-e,  succeeded  iiis 
f.ither  ill  butli  oilices.     lie  died  ia  ISlo. 


THE  NOVA  SCOTIAN. 


wcll- 
)urces 


titten- 

>lville 

iWest 

Ircncli 

Iccted 

was 

I,  iind 

lioiiy- 

Il'iI  his 


I 


■i 


i 


■i 


; 


mous  signatures.     lie  thus  trained  himself  by  the  practice  of 
composition,  rather  than  by  the  study  of  language. 

In  1827,  Mr.  Ilowe  purchased,  in  connection  wiUi  INIr.  James 
S|nlve,  the  weekly  Chronicle  newspaper  from  Mr.  William 
Minns,  who  had  been  for  many  years  its  editor  and  proprietor, 
and  changing  the  name  of  the  paper  to  "  The  Acadian,"  came 
before  the  country  as  a  public  writer  for  the  llrst  time,  if  not 
entirely  unknown  and  unpractised,  he  was,  as  I  have  often 
heard  him  acknowledge,  ignorant  enough  of  every  thhig  that  an 
editor  ougiit  to  know.  He  had  a  cheerful  spirit,  however,  p, 
ready  pen,  and  tact  enough  to  feel  his  way  and  avoid  the  ju'c- 
mature  discussion  of  topics  which  he  did  not  understand.  The 
file  of  the  Acadian  is  now  b(\side  me.  It  contains  some  lively 
sketches  of  natural  scenery,  some  passable  poetry,  and  yome 
juvenile  attempts  at  editorial  writing,  jejune  and  common- 
place enough.  There  are  no  attempts  at  poliiical  writing,  and 
the  volume  contains  no  evidence  that,  at  lliis  period,  the  editor 
had  formed  anv  elear  or  delinite  notions  of  the  condition  or 
requirements  of  his  country. 

Towards  the  close  of  the  year,  Mr.  Howe  fH)ld  his  share  in 
the  Acadian  to  his  partner,  Mr.  Spike,  and  purchased  "  The 
Nova  Scotian"  from  iNlr.  G.  R.  Young,  who  had  established 
that  ))a[)er  three  years  before.  Aided  by  the  very  able  pens  of 
his  father,  Agrieohi,  and  of  his  brother,  the  late  Attorney  Gen- 
eral, jNIr.  Young  had,  by  great  industry  and  ability,  secured  a 
very  respectable  circulation.  Wishing  to  enter  the  legal  pro- 
fession, he  ollered  his  establishment  to  Mr.  Howe  l\)r  £1050,  a 
large  sum  for  a  newspaper  at  that  period.  The  oiler  was 
accepted,  and  in  January,  1828,  Mr.  Howe  came  before  the 
public  as  sole  editor  and  proprietor  of  The  Nova  Scotian. 

In  llie  judgment  of  many  the  enterprise  was  not  without 
hazard.  It  was  hardly  to  be  expected  that  a  young  man,  inex- 
perienced and  unskilful,  could  sustain  the  interests  of  an 
establishment  upon  which  much  acknowledged  talent  and 
information  had  been  concentrated.  INIany  withdrew  their  sub- 
scriptions in  this  belief,  and  many  more,  it  is  fair  to  assume, 

only  continued  them  until  an  experiment  was  tried  in  whieli 
1* 


H^ 


II  >  , 

li ! : 


If 


''  I 


11 


!    t 


!». 


6 


POLITICAL  TRAINING. 


thoy  had  not  much  confitlpiice.  It  succocded,  howovor,  beyond 
the  reasonable  hopes  of  him  who  was  most  interested. 

By  dint  of  unwearied  industry,  a  sanguine  spirit,  and  threat 
eheerfuhiess  and  good  humor,  all  the  diflieulties  which  beset 
Mr.  Howe's  early  career  as  a  public  journalist,  were  met  and 
overcome,  and  The  Nova  Scotian  was  established  on  a  solid 
foundation.  British,  foreign,  and  colonial  newspapers  and 
periodicals,  were  daily  read.  The  debates  in  the  House  of 
Assembly,  and  important  trials  in  the  courts,  were  reported  by 
his  own  hand,  and  his  position  naturally  brought  him  into 
familiar  intercourse  with  nearly  all  the  public  men  of  the  day. 
The  establishment  of  agencies,  and  the  transaction  of  business, 
in  the  interior,  compelled  him  to  travel  over  the  inland  districts 
and  to  visit  all  the  seaport  towns.  In  these  journeys  many  val- 
uable acquaintances  were  made,  and  much  information  was 
acquired.  Gradually  he  became  familiar,  not  only  with  the 
people  best  worth  knowing,  and  from  whom  any  thing  could  be 
learnt,  but  with  the  whole  face  of  his  native  country,  and  with 
the  political  literature  of  all  countries  which  expressed  their 
opinions  in  the  English  language.  Such  leisure  as  he  had  was 
given  to  more  serious  investigations,  or  to  the  attractive  novel- 
ties of  the  day.  I  have  often  seen  him,  during  this  period, 
worn  out  with  labor,  drawing  draughts  of  refreshment  alter- 
nately from  Bulwer's  last  novel  or  from  Grotius  on  National 
Law.  His  constitution  was  vigorous,  his  zeal  unflagging.  It 
was  no  uncommon  thing  for  him  to  be  a  month  or  two  in  the 
saddle ;  or,  after  a  rubber  of  racquets,  in  which  he  excelled  and 
of  which  he  was  very  fond,  to  read  and  \vrite  for  four  or  five 
consecutive  days  without  going  out  of  his  house. 

Seven  years  of  this  kind  of  mental  training,  which  preceded 
his  first  noticeable  display  as  a  public  speaker,  did  much  to  repair 
a  very  defective  education.  I  have  glanced  over  the  files  of 
The  Nova  Scotian  from  1828  to  1835,  and,  to  anybody  who 
will  do  the  same,  the  process  of  intellectual  cultivation  and 
development,  will  be  very  apparent. 

In  the  volume  for  1828,  there  are  almost  no  politics.  Those 
sketches  of  country  towns  and  rural  scenery,  which,  under  the 


I 


: 


t^ 


THE   BARRY   RIOT. 


Iceded 

•epair 

lies  of 

who 

and 

^hose 
br  the 


heading  of  "  Western  and  Eastern  Rambles "  enlivened  the 
pages  of  The  Nova  Scotian  for  several  years,  and  enlightened 
a  good  many  worthy  people  who  never  go  from  home  as  to  the 
beauties  and  fertihty  of  their  own  country,  were  commenced  in 
this  year.  So  was  the  Club,  a  scries  of  papers,  after  the  model 
of  Blackwood's  Noctes  Aml)rosianfp,  and  to  which  Sam 
Slick,  Doctor  Grigor,  Lawrence  O'Connor  Doyle,  and  Captain 
Kincaid,  all  of  whom  subsequently  distinguished  themselves  in 
other  fields,  are  said  to  have  contributed.  There  was,  perhaps, 
too  much  of  personality  in  these  dialogues,  but  there  was 
unquestionably  a  good  deal  of  wit,  humor,  and  vigorous  writ- 
ing. There  is  also  in  the  earlier  files,  some  beautiful  poetry, 
by  Henry  Clinch,  tiicn  a  student  at  King's  College,  anu  now 
Rector  of  South  Boston,  a  gentleman  whose  productions  I 
hope  yet  to  see  in  some  collected  form  in  every  library  in  the 
Province. 

In  1829,  Iluskisson's  system  was  promulgated,  and  Mr. 
Howe,  who  had  previously  been  an  admirer  of  Adam  Smith, 
became  thenceforward  an  ardent  Free  Trader,  in  which  faith 
he  has  continued  down  to  the  present  time.  In  this  year  he 
publish(Kl  Halliburton's  History  of  Nova  Scotia,  losing  heavily 
by  the  speculation,  the  edition  being,  at  that  early  period,  too 
large.  The  book,  however,  was  invaluable.  It  exhausted  the 
subject,  and  made  thousands  familiar  with  facts  till  then  locked 
up  in  the  Provincial  archives.  The  publication  of  this  work 
laid  the  foundation  of  a  friendship  between  the  author  and 
publisher,  which  was  only  shaken  by  political  differences  twelve 
years  later,  but  which  the  subsidence  of  excitement  has  happily 
revived. 

In  the  spring  of  this  year  we  find  Mr.  Howe  fairly  embarked 
in  a  political  question,  and  holding  his  ground  with  some 
promise  of  that  courage  and  dexterity,  by  which  success  was 
secured  in  subsequent  contests.  During  the  session  of  1829, 
Mr.  John  A.  Barry  brought  himself  under  the  censure  of  the 
House  for  words  spoken  in  debate.  The  subject  was  referred 
to  the  Committee  of  Privileges,  who,  in  an  elaborate  report, 
cited  the  preced  ,nts  bearing  on  the  case,  and  recommended  that 
Mr.  Barry  should  be  deprived  of  his  privileges  till  atonement 


'i  •  ■ 


j4 


ii 


hit 


I 


8 


rOLITICAI.   REVIi:W3. 


\v<'is  mride.     IIo  took  hU  scat  in  (lefiaiico  of  the  11 


on.-c,  was 


arrrslrcl,  and  rommiltccl  to  j;iil.  'riii'  fiti/ciis  of  Halifax  j^cii- 
crally  syniiiallii/cd  wiili  Mr.  l>an-y,  and  a  mob  lioolcd  tliu 
mcnibci's  and  pcllcd  ilicin  wiili  snow-halls,  on  (lu;  adjournment. 
Mr.  IJarry  was  detained  in  jjrison  till  the  House  rose,  when  he 
was  liberated  by  the  prorogation,  and  conveyed  in  triumph  to 
his  house.  Durin:Lf  his  imprisonment,  and  for  more  than  a  year 
thereafter,  he  continued  to  publisli  k)ng  letters  in  the  newsj)apers, 
in  which  the  report  of  the  Committee  of  Privilefres  was  severely 
criticised,  and  everybody  who  happened  to  diU'er  with  him  was 


rouijli 


ly 


lian( 


lied. 


Mr.  Howe,  who  had  been  a  s|)eetator  of  the  scene,  took  a 
moderate  anil  independent  vi(,'W  of  the  (juestions  at  issue.  lie 
thought  Mr.  Barry  was  to  blame  —  that  his  manner,  ev(>n  more 
tiian  his  language,  was  insulting  to  the  House,  and  that  all  the 
subsequent  proceedings  flowed  naturally  from  the  first  od'encc, 
which  ought  not  to  liave  been  given.  It  required  some  nerve 
for  a  young  man,  without  standing  or  inlluence,  to  express 
these  oi)inions,  in  the  midst  of  a  community  so  excited  that 
they  had  pelted  their  representatives.  They  were  expressed, 
however,  desi)ite  the  remonstrances  of  his  friends  and  the 
threats  of  Barry's  partisans,  Avith  whom,  and  with  that  gentle- 
man ])ersonally,  he  was  at  once  involved  in  controversy.  He 
did  not  llinch,  however,  but  revi(!wed  the  whole  case  in  a  series 
of  articles,  and  had  the  satisfaction  to  iind  that  the  stand  he 
had  taken  was  very  generally  approved. 

Towards  the  close  of  this  year,  I  find  a  long  editorial, 
reconnnending  the  formation  of  a  Mechanics'  Institute  in 
Halifax.  It  was  not  founded,  however,  till  three  years  later, 
when  Mr.  Howe  read  the  inaugural  address  on  the  lllli  of 
January,  1832. 

In  this  volume,  also,  I  find  the  first  of  those  reviews  of 
public  affairs  in  New  Brunswick,  Prince  Edward  Island,  and 
Newfoundland,  that  subseiiuently  became  popular,  were  ex- 
tensively read  in  those  Provinces,  and  which,  at  a  later  period, 
had  a  tendency  in  them  all  to  strengthen  the  hands  of  ilie 
progi'essive  j)arties,  and  to  lead  to  the  establishment  of  sound 
principles  of  government. 


■1 


DRAXDY  DISPUTE. 


0 


111 

iter, 
of 

of 
uid 
lex- 

|t)cl, 
I  ho 

llld 


III  1830,  wo  find  iho  first  of  a  scries  of  "  Legislative  Reviews," 
tlie  coiui)()sitioii  of  wliieli  —  mid  they  were  eontiiiued  Iroiii  year 
to  year —  familiarized  the  writer's  mind  with  the  measures  then 
before  the  country,  and  graihially  wrought  the  conviction  that 
others  Avere  re(iuired.  Thi;  "  Brandy  dispute,"  as  it  lias  been 
culled,  broke  out  towards  the  close  of  this  session.  TIk;  House 
aiul  C\)Uiicil  came  into  violent  collision,  and  tin;  lli'venite  bills 
were  h)st.  The  debates  were  aiiimutt>tl  and  exciting,  to  a  high 
degree.  The  late  S.  G.  W.  Archibald  led  the  i)oi)ular  l)ai'ty, 
with  a  l)rilliancy  and  daring  that  astonished  even  his  most 
ard(Mit  admirers.  Richard  Uniacke,  one  of  the  handsomest  men 
of  his  day,  led  the  forlorn  hope  that  stood  by  the  Council,  .lohii 
Young,  Alexander  Stewart,  Charles  Fairbanks,  J3eamisli  Mur- 
doch, and  others,  discussed  the  points  at  issue  with  more  or  less 
ability.  A  general  election  impended,  and  came  in  the  course 
of  the  summer.  Into  this  exciting  contest,  Mr.  Howe  threw 
himself  with  ardor  and  indomitable  perseverance.  He  reviewed 
the  documents  and  debates  })ut  forth  on  each  side  ;  and,  both 
before  and  during  the  elections,  gave  to  Mr.  Archibald  and  his 
friends  the  benefit  of  a  searching  criticism,  and  of  an  animated 
defence.  All  the  leading  men  of  the  popular  i)arty  were 
returned,  except  Murdoch,  and  the  country  naturally  looked  for 
some  results  commensurate  with  tlu^  fierceness  of  the  contest, 
and  the  apparent  importance  of  the  princj[)les  involved. 

But  no  results  followed,  at  all  calculated  to  satisfy  expecta- 
tions that  had  been  so  highly  raised.  New  Revenue  bills  were 
passed,  but  no  atonement  was  exacted  for  the  sacrifice  of  the 
old  ones.  The  leader  of  the  })opular  majority  was  put  aside, 
and  his  rival  was  appointed  Chief  Justice.  The  Council  still 
retained  their  ancient  constitution,  and  excluded  the  public 
from  their  deliberations.  Under  a  threat  of  collecting  the 
Quit  Rents,  a  permanent  adtlition  of  c£i2000  a  year  was  made 
to  the  Civil  list,  withotit  any  stipulation  for  the  suiT(>nder  of 
the  Casual  Revenues.  Long  debates  on  the  cost  of  the  judi- 
catory ended  in  nothing.  Motions  made  by  John  Young  or 
Herl^ert  Huntington,  for  a  retrenchment  of  the  public  expendi- 
ture, were  laitghed  at  and  rejected.  The  country  was  uneasy 
and  dissatisfied  at  this  state  of  things,  and  JNIr.  Howe  expressed 


i 


jif  1 


1* 


^ '  i 


m 


t '    I'l' 


r' 


fi  ill 


10 


CURRENCY  QUESTION. 


tlu'ir  f(M'lings,  and  his  own,  in  lani^uiige  wiiicli  often  gave  to 
the  prominent  men  of  the  day  great  oll'ence. 

In  1834,  Mr.  Stcnvart  moved  a  series  of  resohitions  touehing 
the  constitution  of  tiie  Council,  wiiich  were  seconded  ])y  Mr. 
Doyle.  Animated  and  very  interesting  debates  ensued,  but  no 
changi;  was  made.  Tiie  opposition,  balHed,  divided,  or  intimi- 
dated, by  the  government,  made  no  advances,  and  gained  no 
solid  advantage.  From  tiiis  period,  Mr.  Howe  seems  to  have 
taken  a  bolder  and  more  independ(;nt  position.  His  editorials 
attracted  more  and  more  attention,  and  were  ft)rmally  denounced 
by  zealous  partisans  of  government  in  tiie  House.  He  recom- 
mended that  the  men  who  had  been  elected  to  improve  the 
institutions  of  the  country  should  go  forward  and  do  their 
work,  or  that  men  of  more  vigor  and  determination  should  be 
sent  to  supply  tiieir  places.  Many  enemies  were  made  by  this 
independent  course,  but  his  reputation  daily  extended  and  his 
pen  began  to  command  a  i)retty  extensive  influence. 

Mixed  up  with  the  politics  of  that  day  was  the  currency 
question.  The  government  had  issued  large  quantities  of  Pro- 
vincial notes,  irredeemable  in  gold  or  silver.  The  Halifax  bank 
had  done  the  same.  The  usual  consequences  resulted.  The 
precious  metals  were  driven  from  circulation.  Paper  was 
depreciated,  and  commercial  panic  and  distress  ensued.  Inde- 
pendent men,  both  in  the  Legislature  and  out  of  it,  saw  the 
necessity  for  grappling  with  this  tremendous  evil.  A  battle 
commenced,  which  ran  over  two  or  three  years,  and  only 
ended  when  banks  were  compelled  to  pay  gold  and  silver  on 
demand  —  when  they  were  restricted  to  the  issue  of  £5  notes, 
and  when  the  surplus  of  Province  paper  was  withdrawn. 

The  Parliamentary  leaders  in  this  conflict  for  sound  princi- 
ples of  finance,  were  Judge  Bliss,  Charles  Fairbanks,  Herbert 
Huntington,  and  others.  Outside,  The  Nova  Scotian  lent  to 
the  cause  great  assistance,  and  its  editor  only  ceased  to  labor 
for  it  when  the  victory  was  won. 

Up  to  this  period,  1835,  I  have  not  been  able  to  find  on 
record  any  speech  made  by  Mr.  Howe.  He  may  have  spoken 
occasionally  at  commercial  gatherings  or  at  the  meetings  of 
one  or  two  local  societies  with  which  he  was  connected :  but  if 


TIHAL   FOR   MUEL. 


11 


Oil 

ten 
lof 
lif 


hr  (lid,  no  rrport  of  those  cirorts,  whatever  they  w(>re,  over 
a|)|)e!ire{l,!in(l  lh(>  <ifeiieriil  mass  of  liis  eouiitryiiKMi  did  not  i\nt)\v 
that  he  eonld  speak  at  all.  l^iVeryhody  knew  that  lie  could 
write,  and  it  was  e(|nally  well  known  that  seven  years  of 
close  study,  and  attention  to  public  all'airs,  had  made  him  an 
acute  politician ;  but  nobody  was  prepared  for  a  successful 
debut,  as  a  popular  speaker ;  and  I  believ(^  that  Krskine's  is  the 
only  other  case,  in  which  distinction,  in  this  particular  line,  has 
been  so  unexpectedly  and  suddenly  achieved. 

Twenty-two  years  have  elapsed  since  the  deliv«>ry  of  the  first 
speech  included  in  this  ct)llection.  For  many  reasons  it  may 
be  regarded  as  one  of  tin?  most  remarkable.  As  a  forensic 
effort,  aimed  at  the  consciences  and  sympathies  of  a  jury,  by 
a  man  who  had  never  addressed  a  court  before,  and  never  did 
again,  it  was  most  successl'ul.  As  an  ingenious  argument, 
addressed  ])y  a  layman  to  a  h'gal  tribunal  upon  an  important 
branch  of  tlu;  law,  it  is  sulliciently  curious.  But  when  we  con- 
sider that  a  municipal  system  that  had  existed  for  nearly  a 
century  was  smitten  down  in  a  day  by  this  single  speech,  and 
never  recovered  from  the  effect  of  the  blow  until  superseded  by  a 
liberal  Act  of  Incorporation,  its  value,  whether  regarded  as  an 
appeal  to  the  passions  or  to  the  good  sense  of  the  community, 
can  scarcely  be  overestimated.  To  deliver  such  a  speech,  at 
sucli  a  time,  required  some  moral  courage;.  Responsible  gov- 
ernment was  then  unknown  to  the  institutions  of  British 
America.  There  was  not  an  incorporated  city  in  any  part  of 
the  Provinces.  They  were  all  governed,  as  Halifax  was,  by 
magistrates,  who  held  their  commissions  from  the  crown,  and 
were  entirely  independent  of  popular  control.  Neglect,  mis- 
management and  coiTuption,  were  perceptible  everywhere,  and 
nowhere  had  greater  dissatisfaction  been  created  than  in  the 
capital  of  Nova  Scotia.  The  remedy  for  all  this  was  not  very 
clearly  discerned  in  1835,  but  a  sense  of  the  grievance  was 
universal.  Immediately  after  Mr.  Howe's  acquittal,  all  the 
magistrates  in  Halifax  resigned.  An  attempt  was  then  made, 
by  the  selection  of  others,  and  by  the  appointment  of  a  legal 
gentleman  as  Gustos,  to  retain  the  old  system,  but  it  only 
staggered  on  for  a  few  years  longer.     The  cry  for  an  Act  of 


■til ' 


12 


TniAL   FOR  LIIIFL. 


I     lU 


IiiciM'ponifloii  bcciiiiic  (l;iily  iiiorc  loud  iiiid  <;cii«'riil,  and  f^Mtlicrcd 
strciii^Mli  as  the  dciiiiuid  for  iminici|):d  rcforrn  in  the  iiiotlicr 
couiitry  ciiiiit',  wiirtcd  jutosm  \\\r  Atlaiilic,  in  cviTy  mail,  la 
JSIO,  Air.  II()\V(!  went  into  the  Provincial  C'aljinct  stipulat- 
ing for  rcsponsihli!  gov«'rinn(Mit  and  lli(»  incorjxjration  <•("  Hali- 
fax. A  bill  was  brcnif,dit  down  in  the  .session  of  1N4I,  and 
.soon  aflcr,  lie  had  the  satisfaction  to  sei;  the  old  system 
which  he  had  attacked  and  exposed,  swept  away,  and  his  native; 
town  dollied  with  ninnicipal  privile<,'es  and  secnritics,  in  the 
enjoyment  of  which  it  could  (lom'ish  and  expand. 

1  have  thought  it  best  to  giv(;  tin;  report  of  this  trial  entire,  ns 
it  appeared  in  tlu;  papc^rs  of  the  day,  and  in  a  small  pami)hlet 
now  almo.st  entirely  out  of  print.     1  did  not  hoar  IVIr.  Howe's 
defence,  but  I  have  hciU'd  him  lauf^hingly  describe  tlu;  circum- 
stances which  compelled  him  to  its  })reparation  and  tlelivery. 
"1   went,"  said    he,  "to  two  or    three;    lawyers    in    succession, 
showed  them  the  Attorney  General's  notice  of  trial,  and  asked 
them  if  the  case  could  bo  successfully  defended?     The  answer 
was.  No.     There  was   no  doubt  that  the  letter  was  a  libel. 
That  1  must  make  my  peace,  or   submit  to  fme  and  imprison- 
ment.    I  asked  them  to  lend  me  their  books,  gathered  an  armful, 
threw  myself  on  a  sofa,  and  read  libel  law  for  a  week.     Ey  that 
time  I  had  convinced  myself  that  they  were  wrong,  and  that 
there  was  a  good  defence,  if  the  case  were  properly  prcM  iited 
to  the  court  and  jury.     Another  week  was  spent  in   selecting 
and  arranging  the  facts  and  public  documents,  on  which   I 
relied.     I  did  not  get  through  before  a  late  hour  of  the  evening 
before  the  trial,  having  only  had  time  to  write  out  and  commit 
to  memory  the  two  opening  paragraphs  of  the  speech.     All  the 
rest  was  to  be  improvised  as  I  went  along.     I  was  very  tired, 
but  took  a  walk  with  INIrs.  Howe,*  telling  her  as  we  strolled  to 
Fort  Massy,  that  if  1  could  only  get  out  of  my  head  what  I  had 
got  into  it,  the  magistrates  could  not  get  a  verdict.     1  was 
hopeful  of  the  case,  but  fearful  of  breaking  down,  from  the 
novelty  of  the  situation  and  from  want  of  practice.     I  slept 


■} 


*  Jlr.  IIowc  m.irric'd,  in  1828,  Ciitharinc  Susan  Ann  JLic  Nul),  only  daughter  of 
Captain  Jolm  Mac  Nub,  by  whom  lie  iias  iiail  ten  I'liililivn. 


>ctJn< 


IK 


h  I 


)mniit 
Lll  the 


lircM 


led  to 

1  hud 

\\  was 


111 


the 
-Icpt 


I 


THIAL   FOR   LIIIKL. 


13 


i 


soniidly  iiiul  went  ni  h  in  the  iiioriiiiif^,  si  ill  h:\rrr\ssod  with 
d()iil)ts  ;tnd  fnir-i,  which  pjisscd  oil',  however,  tus  I  hcuaintj!  (!on- 
M'ioiis  that  i  \,  -  {•oiiim!iiidiii;L(  the  aftciitioii  of  the  court  iiiul 
jury.  I  was  nnu-h  i  liocrcd  whcu  I  saw  the  tears  rolliu",'  down 
one  old  ^'cntlt  laiui's  eheek.  I  thoui^dit  he  would  not  convict  nie 
if  he  could  help  if.  J  ?^r;ireely  expected  a  unanimous  verdict, 
us  two  or  tlir«  '■  of  ihi-  jurors  were  connections,  nion;  or  less 
remote,  of  somt;  of  the  justices,  but  thouj^ht  they  woidd  not 
agree.  'I'lie  lawyers  wero  all  very  civil,  but  ImifJfhed  at  mi;  a 
good  deal,  cpiotinj^  the  old  maxiiii,  that  'ho  who  pleads  his  own 
case  has  a  fool  for  a  client.'  But  the  iuugli  was  against  them 
when  all  was  over." 
2 


ki'or  of 


TRIAL   FOR  LIBEL. 


rl 


THE    KING    vs.    JOSEPH    HOWE. 

Tiir.  special  jury  summonoil  to  try  this  ciiu.-c  Imvin-j:  been  called, 
eleven  only  answered  to  their  nanies.  One  gentleman  who  had  been  a 
nianristrate,  was  excused  IVoni  serving  l)y  the  court,  and  the  Attorney 
General  having  prayed  a  tales,  the  following  persons  were  sworn:  — 


CiiAiiLKS  J.  Hill, 
Kor.KUT  Storv, 
EI)^vAUD  PuYoit,  Jan., 
jA5ti:s  H.  Rkynolus, 
David  Hall, 
Edavaud  Greex .vood, 


Joiix  Wi:lxi:ii, 
Ror.KiiT  Laws  ox, 
AncriD.  M'DoNALD, 
Samuel  Mitchell, 
Thomas  A.  Bauek, 

DUNCAX   M'QUEEX. 


Mr.  Hill  having  been  appointed  foreman, 

James  F.  Gray,  Esq.,  opened  the  case  with  the  following  Ad- 
dress :  — 

Ml/  Lords,  and  Gentlemen  of  the  Jury,  —  It  becomes  my  duty,  as 
one  of  the  retained  counsel  in  this  case,  under  tlie  direction  of  the 
Attorney  General,  to  open  the  eliarge  and  ex[)lain  the  principal  circum- 
stances connected  with  it.  Altliougli  this  charge  is  not  one  of  common 
occurrence  here,  it  is  well  known  to  the  law,  and  is  provided  for  by 
fixed  legal  principles.  The  indictment  in  this  case,  after  setting  forth 
the  usual  inducements,  states  the  particulars  on  which  the  charge  is 
founded.  As  it  is  not  usual  for  the  officer  to  read  the  indictment  in  libel 
cases,  tlie  opening  counsel  may  feel  it  liis  duty  to  explain  its  particulars, 
so  as  to  enable  the  jury  to  understand  the  nature  of  the  charge. 

Tiie  indictment  states,  that  on  the  first  of  January,  a  certain  libel 
was  p>d)lished  in  The  Nova  Scotian  newspaper,  with  a  view  to  injure  and 
degrade,  and  bring  into  disgrace,  the  magistrates  of  the  town  of  Hal- 
ifax. The  libel,  which  is  described  as  ialse,  infamous,  defamatory,  and 
malicious,  was  signed  One  of  the  People,  and  containeil  charges  on 
which  these  counts  were  laid.     [Here  Mr.  Gray  read,  and  made  brief 

(14) 


TRIAL   FOR  LIBEL. 


15 


as 


)rtli 


ibel 


libel 
find 
[al- 
Ixnd 
oil 
l-ief 


I 


4 


remarks  on,  the  letter  as  contained  in  the  indictment.]  To  this  indict- 
ment. Mr.  Howe  pleaded,  and  declared  liimseU"  not  guilty.  On  this  the 
usual  steps  occurred ;  and  now,  gentlemen  of  the  jury,  you  are  impan- 
elled to  investigate  the  circumstances  of  the  charge ;  to  try  whether  the 
defendant  has  published  the  letter  charged,  and  wliether  it  comes  under 
the  denomination  of  what  is  called  in  law,  a  libel.  The  letter  was 
contained  in  a  newspaper  of  which  Mr.  llowe  is  the  acknowledged 
editor  and  proprietor.  When  the  publication  was  made,  the  magis- 
trates applied  to  the  Governor,  praying  that  such  a  course  should  be 
adopted  as  would  bring  the  matter  before  a  court  of  justice.  His  Ex- 
cellency transmitted  the  application  to  the  Attorney  General,  and  placed 
the  affair  in  his  hands.  The  law  olficer,  in  virtue  of  his  office,  has  more 
power  than  any  other  advocate,  and  of  two  courses  he  miglit  make 
choice  of  either.  lie  could  have  filed  an  ex-ofUcio  information,  on 
behalf  of  the  crown,  which,  without  any  preliminary  inquiry,  would 
place  tlie  defendant  upon  his  trial.  That  course  he  did  not  ado[)t.  I 
am  glad  that  he  did  not,  although  the  practice  has  been  freijuently 
resorted  to  in  England.  lie  adopted  a  coui'se  more  consonant  to  the 
principles  of  public  liberty ;  he  laid  the  charge  before  the  Gi'and  Incpiest 
of  the  county,  a  bill  was  found  by  them,  and  now  Mr.  Howe  takes  his 
trial  as  he  would  for  any  other  criminal  offence.  He  is  put  upon  his 
trial  as  tlie  publisher  of  a  letter  which  is  designated  a  libel.  It  may  be 
said  by  some,  why  prosecute  the  publisher  ?  Why  endeavor  to  punish 
him,  instead  of  the  author  of  the  alleged  libel  ?  Tlie  answer  to  this 
may  be  given  by  saying,  that  it  is  the  publication  which  constitutes  the 
offence. 

In  this  case  it  will  be  shown,  that  the  letter  was  published,  and  that 
Mr.  Howe  was  the  instrument  of  publication.  The  proprietor  of  a 
newspaper  is  liable  for  all  which  appears  in  that  paper.  Even  if  he 
were  ignorant  of  a  matter  until  it  came  before  the  public,  still  is  he  held 
responsible ;  when  he  undertakes  to  manage  a  paper,  he  is  answerable 
for  all  that  appears  in  its  columns,  and  he  should  be  so  answerable.  If 
in  all  cases  the  author  should  be  resorted  to,  how  is  the  author  to  be 
found  ?  Or,  if  an  author  were  given,  might  it  not  be  in  the  following 
manner:  —  not  intimating,  however,  that  Mr.  Howe  would  act  in  the 
supposed  manner ;  from  Avhat  I  believe  to  be  his  spirit,  I  would  conclude 
that,  in  any  case,  he  would  rather  appear  himself  than  give  up  an 
author, — but  suppose  that  it  was  obligatory  to  proceed  against  an 
author  rather  than  a  printer,  might  not  the  publisher  give  the  name  of 
some  person  without  property,  from  whom  a  fine  could  not  be  exacted, 
and  to  whom  confinement  in  a  prison  would  be  provision  of  food  and 


U^ 


.n 


v  i- 


iP 


IB:    ' 


■).k 


16 


TRIAL   FOR  LIBEL. 


lodging?  The  publisher  is  the  person  guilty  of  the  ofFence  ;  between 
him  and  the  public  the  question  rests.  He  should  be  guarded  as  to  what 
he  publishes,  and  so  guardtxl  in  doubtful  cases  as  to  be  able  to  make 
amends  for  any  difficulties  which  may  ensue. 

A  libel  in  law,  is  d(!fined  to  be  a  malicious  defamation,  elt'ier  by 
writing  or  i)ictures,  tending  to  blacken  the  character  of  the  dead,  and 
thus  to  excite  the  living  ;  or  reflecting  on  the  living  so  as  to  injure  rep- 
utation, and  to  endanger  the  peace  of  society.  As  regards  public  per- 
sons, official  characters,  magistrates  and  other  functionaries,  the  law 
considi'rs  a  libel  a  higher  offence  than  when  committed  against  private 
individuals.  When  committed  against  persons  in  authority,  the  crime 
is  looked  upon  as  an  attack  on  the  government ;  not  only  as  a  breach  of 
the  peace,  but  as  a  scandal  against  all  authority.  You,  gentlemen,  are 
to  say  whether  this  publication  comes  under  this  description ;  whether  it 
is  directcil  against  a  body  of  magistrates,  and  is  calculated  to  bring 
such  a  l)ody  into  contempt,  disrepute,  and  disgi-ace. 

"We  will  have  to  jirove,  not  only  the  publication  of  this  letter,  but  that 
Mr.  Howe  published  it,  and  that  its  intention  and  design  is  as  laid  in  the 
indictment,  to  injure  and  degrade  the  magistrates.  Having  done  this,  as 
the  law  formerly  was,  we  might  stop  ;  you  would  have  to  pronounce  on 
the  fact  of  publication  and  the  intent ;  and  if  enough  on  these  points 
were  shown  to  you,  our  ease  would  have  been  complete.  But  in  conse- 
quence of  great  exertions  of  English  lawyers,  an  alteration  in  these 
matters  has  been  made ;  cases  of  libel  are  now  placed  on  the  same  foot- 
ing as  all  other  criminal  cases  ;  the  jury  are  made  judges,  taking  the 
law  for  their  guidance  from  the  court.  This  enables  a  jury  to  take  a 
view  of  all  the  circumstances  of  a  case ;  formerly  the  court  had  the  sole 
consideration  of  the  question  of  libel,  now  it  is  for  you  to  say  whether 
or  not  the  matter  charged  is  of  a  libellous  nature,  as  well  as  to  say  who 
is  the  publisher,  and  what  his  intent.  One  ingredient  in  a  libel  is  mal- 
ice. Before  the  passing  of  the  statute  alluded  to,  the  question  of  malice 
was  virtually  referred  to  the  court;  and  if  malice  was  to  be  inferred, 
the  legal  inference  was,  that  malice  was  contained.  Now  it  is  for  the 
jury  to  decide  on  this,  as  on  the  other  features  of  the  case.  Malice  has 
not  the  same  meaning  in  legal,  as  in  common  language.  By  legal  malice 
is  meant,  that  the  party  charged  did  an  injurious  act  which  he  was  not 
justified  in  doing.  If  a  libel  be  published  calculated  to  do  evil,  to  bring 
persons  into  contempt  and  disrepute,  such  a  publication  must  be  sup- 
posed malicious  until  the  contrary  be  shown.  But  the  contrary  cannot  be 
shown,  except  by  proving  the  publication  accidental,  or  accounting  for  it 
in  some  way  wliich  is  impossible  in  this  case,  for  the  proprietor  of  a 


TRIAL   FOR  LIBEL. 


17 


ring 

Hip- 
It  be 

n-  it 
)f  a 


:i 


paper  is  responsible  for  all  that  appears  in  its  columns.  If  so,  then  the 
present  defendant  is  guilty  of  publishing  a  malicious  libel :  he  has  pub- 
lished that  which  has  a  tendency  to  produce  disgrace  and  contempt 
towards  certain  persons ;  and  the  law  infers  that  he  did  it  maliciously. 

As  regards  the  mode  of  prosecution,  —  this  libel  is  not  aimed  at  any 
one  individual ;  no  one  is  selected  as  a  particular  mark  ;  if  a  i)articular 
person  or  persons  had  been  selected,  you  would  not  have  found  the 
indictment  laid  by  the  whole  body.  This  dilfercnce  exists  between  a 
proceeding  by  indictment,  and  one  by  civil  action.  Under  an  indict- 
ment, the  proof  of  truth  or  falsehood  cannot  be  allowed;  the  question  is 
concerning  the  cominital  of  an  injurious  act.  I  am  instructed  to  say, 
that  nothing  would  be  more  desirable  to  the  magistrates  tliaii  that  such 
proof  could  be  allowed ;  but  it  cannot.  In  indictments,  the  king 
becomes  a  party  in  Ijehalf  of  the  public  against  a  person  who  is  charged 
with  some  act  injurious  to  good  government.  If  an  individual  liad  pro- 
ceeded by  indictment,  you  might  say  —  although  I  do  not  intimate  that 
you  ought  to  say  so,  for  true  or  false,  a  matter  of  injurious  tendency 
should  not  be  published  —  but  you  miglit  say,  tlie  person  who  comes  for- 
ward in  this  sheltered  manner  does  not  deserve  such  a  shelter.  No 
such  objection  can  be  made  in  the  present  case  ;  the  magistral os  have 
no  right  to  hold  a  civil  action;  as  a  public  body  they  cannot  seek  redress 
by  private  action.  They  had  no  remedy  left  except  to  proceed  in  the 
present  mode  ;  and,  in  this  mode,  the  prosecution  has  been  conducted  in 
the  most  liberal  manner.  Tlie  grand  jury  have  passed  their  opinion 
on  tlie  case,  it  appears  in  this  court,  and  here  you  are  made  the  judges 
of  it.  But  suppose  justification  could  be  given  in  any  such  case,  is  this 
such  an  one  ?  Is  a  jiarticular  person  injured  here,  or  a  particular  num- 
ber of  persons  ?  No,  but  a  whole  body.  Is  the  present  time  only  alluded 
to  ?  No,  but  the  long  period  of  thirty  years.  This  body,  during  that 
period,  is  charged  with  having  dishonestly  pocketed  public  money.  Is 
such  a  charge  capable  of  justification  ?  How  many  of  them  have  han- 
dled public  money  ?  Several  of  the  body  charged,  now  alive,  and  some 
now  no  more,  have  performed  public  duties,  without  any  benefit  to  them- 
selves ;  they  have  acted  as  guardians  of  public  order  without  ever  hav- 
ing been  receivers  of  public  money.  Yet  this  charge  affects  all.  I  wish 
that  justiiication  could  be  allowed,  for  it  would  iall  short;  it  would  be  in 
vain  for  the  defendant  to  prove  against  one,  two,  or  three ;  he  should 
show  that  the  whole  body  were  guilty,  or  justification  could  not  be  sus- 
tained. Under  this  libel,  which  of  the  body  charged  can  say  that  they 
are  innocent  ?  it  allows  that  all  are  not  guilty ;  but  who  can  say,  I  am 

one  of  the  innocent  men  alluded  to?     If  no  notice  were  taken  of  this 

2* 


»i. 


«' 


1^ 

I- 
I 


m 


ft 


'I 


I  Hi 


|1;! 

■'  i£'  i 

'k 

li 

h.m 

r 


18 


TRIAL   FOR   LIBEL. 


i     I 


\: 


'  1 1 


matter,  it  might  be  said,  such  and  such  charges  were  made  against  the 
•whole  body,  and  no  steps  were  taken  to  rebut  them.  This  consideration 
induced  the  prosecution,  but  many  of  the  magistrates  regretted  that  it 
could  not  be  brought  in  anotlier  shape.  It  is  impossible  for  the  jury 
to  say  tliere  is  not  sulhcient  defamatory,  malicious  matter  in  this  letter, 
to  constitute  a  libel.  The  defendant  stands  charged  with  every  passage 
taken  together,  and  with  each  taken  separately;  one  pai't  does  not  alter 
the  effect  of  another ;  the  persons  excepted  are  not  designated  ;  all  are 
charged  in  general  terms.  Caution  at  least  would  have  been  expected 
from  the  defendant.  It  may  be  said,  who  does  not  know  the  persons 
more  particularly  alluded  to?  "Who  is  there  that  cannot  select  those 
charged  in  the  publication?  But  I  ask,  is  this  confined  to  the  town  of 
Halifax?  Is  it  confined  to  the  Province  of  Nova  Scotia?  The  ability 
of  the  publisher  of  this  generally  well-managed  paper,  has  extended  its 
circulation  over  (he  neighboring  Provinces  and  States,  and  this  libel  is 
disseminated  wherever  the  paper  goes.  If  in  a  foreign  land,  one  of 
those  charged  were,  very  naturally,  to  take  some  credit  for  having  served 
in  an  honorable  office,  it  might  be  said,  for  that  very  reason  you  are  sub- 
ject to  disgrace ;  the  body  to  which  you  belonged  were  publicly  charged 
with  wrong-doing,  and  you  stand  as  one  of  the  implicated.  None  of 
the  magistrates,  none  of  their  connections,  but  might  meet  with  such 
insults,  and  all  owing  to  the  publication  of  this  libel.  The  talent  and 
industry  of  the  editor,  which  occasioned  the  wide  circulation  of  his 
paper,  instead  of  giving  a  license,  ought  to  furnish  additional  reasons  for 
caution  and  prudence.  The  liberty  of  the  press  is  a  theme  with  many; 
but  if  the  liberty  of  the  press  is  to  justify  every  publication,  then,  no 
matter  what  we  said,  who  Avas  injured,  none  could  get  redress.  The  lib- 
erty of  the  press  has  been  defined  to  be  a  liberty  to  publish  thoughts, 
subject  to  legal  consequences.  Is  this  such  a  candid  discussion  of  pub- 
lic measures  or  men.  as  could  be  tolerated  ?  far  from  it.  If  a  belief 
were  entertained  that  certain  of  the  magistrates  were  guilty,  the  sup- 
posed guilty  persons  should  have  been  named  in  the  charge ;  those 
acknowledged  to  be  innocent  Avould  not  then  be  implicated ;  although 
the  letter  would  still  contain  a  libel,  because  there  were  other  modes  of 
correcting  the  evils  complained  of.  The  courts  of  just'ce  were  open,  in 
which  complaints  might  be  made,  and  would  be  attended  to;  by  a  peti- 
tion to  the  Governor,  the  dismissal  of  a  guilty  party  might  be  procured ; 
so  that  if  grievances  existed,  and  the  truth  only  were  published,  it  would 
not  be  justifiable,  for  no  necessity  could  exist  for  the  publication.  Dis- 
cussion respecting  public  men  should  be  confined  to  public  measures,  and 
to  the  manner  in  which  public  duties  were  performed ;  but  this  sweep- 


M. 


TRIAL  FOR  LIBEL. 


19 


ing  oi'iminnfion  coukl  not  be  at  all  justified;  if  it  wore,  worse  effects 
woiilil  follow  than  would  result  from  any  restriction  of  the  press. 

Tlioro  is  no  doubt  that  the  counsel  for  the  prosecution  are  contending 
against  the  poi)ular  side  of  the  question;  but  juries  in  Halifax  have 
always  done  justice  between  parti(}s,  uniniluenced  by  such  considerations. 
I  am  sure,  gentlemen,  that  you  will  Ireely  and  properly  decide  as  to  the 
merits  of  the  case;  you  will  say  whether  the  charges  in  this  letter  are 
such  as  should  have  been  made,  and  whether  their  nature  or  their  con- 
sequences call  for  consideration.  Whatever  your  verdict  may  be  I  shall 
be  satisfied,  and  will  now  leave  the  question  in  the  hands  of  those,  who, 
I  am  confident,  will  act  justly  in  the  matter. 

Hugh  Ulackadar  was  called  on  the  part  of  the  prosecution  to  estab- 
lish the  publication  of  the  alleged  libel.  Mr.  Blaekadrr  did  not 
answer,  and  ]Mr.  Howe  immediately  admitted  that  he  was  the  proprie- 
tor of  The  Nova  Scotian,and  that  the  article  had  appeared  in  that  paper, 
with  his  knowledge,  on  the  1st  of  January  last.  The  Prothonotary  then 
I'cad  the  letter,  which  is  as  follows  :  — 


f\ 


\o.n,  in. 

peti- 

lured ; 

kvould 

Dis- 

Is,  and 

kveep- 


' '  Tlicrc  is  no  truth  at  all  i'  the  oracle ! 
The  Sessions  shall  proceed— this  is  mere  falsehood.' 


SlIAKSPEARE. 


"  IMiJ.  IIoAVE :  Sir,  —  Living  as  I  do  in  a  free  and  intelligent  country, 
and  under  the  influence  of  a  Constitution  which  attaches  to  our  rulers 
the  salutary  restrictions  of  responsibility  in  all  matters  of  government,  is 
it  not  surprising  that  the  inhabitants  of  Halifax,  should  have  so  long 
submitted  to  those  shameful  and  barefaced  impositions  and  exactions, 
which  have  from  year  to  year  been  levied  on  them,  in  the  shape  of  town 
and  county  taxes.  Repeated  attempts  have  from  time  to  time  been 
made,  by  independent-minded  persons  among  us,  to  excite  amongst  their 
countrymen  some  spirit  of  resistance  or  opposition  to  those  unwarranta- 
ble and  unequal  exactions,  which  have  been  drained  from  the  pockets  of 
the  pul)lic.  But  it  seems  to  me  that  the  torpid  indifference  to  public 
matters  which  has  hitherto  been  the  general  characteristic  of  the  peo- 
ple, has  at  length  become  quickened  and  aroused  by  a  calm  and  delibe- 
rate reflection  on  what  must  be  their  future  condition  if  they  any  longer 
neglect  to  look  after  the  servants  of  the  state.  In  a  young  and  poor 
country,  where  the  sons  of  rich  and  favored  families  alone  receive  edu- 
cation at  the  public  expense  —  where  the  many  must  toil  to  support  the 
extortions  and  exactions  of  a  few ;  where  the  hard  earnings  of  the  peo- 
ple are  lavished  on  an  aristocracy,  who  repay  their  ill-timed  generosity 


ni 


!■*. 


m' 


il  II 


i: 


II 


20 


TRIAL   FOR  LIBEL. 


■with  contrmpt  find  insult ;  it  rcqiiires  no  ordinary  norvo  in  nif-n  of 
moilcrate  circumstances  and  InunbU;  pretensions,  to  stand  forward  and 
boldly  protest  against  nicasiu-es  which  are  last  working  the  ruin  of  the 
Province.  Does  there,  Mv.  Editor,  exist  in  any  free  stj;te,  save  Nova 
Scotia,  a  responsible  niiigistracy,  who  would  for  thirty  years  brav(!  and 
brook  the  repeated  censures  of  the  press,  without  even  attempting  a 
justification  of  their  conduct,  or  giving  to  the  public  some  explanations 
that  might  refute  those  vnjifst  and  h'eentlous  libels,  which  have  I'epeat- 
edly  been  a  disgrace  to  them  or  to  the  j)res3  of  the  country.  Are  the 
journals  of  our  land  exclusive  ;  do  they  admit  only  the  wild  and  reckless 
portion  of  the  people,  and  shut  their  columns  against  the  sober  and  dis- 
creet supporters  of  the  men  in  power?  I  cannot  think  this,  IMr,  Howe  ; 
and  yet  weeks  have  elapsed  since  charges  too  grave  to  be  slighted  and 
too  plain  to  be  misunderstood,  have  been  i)laced,  through  the  medium  of 
the  press,  before  the  eye  of  the  ])ublic,  and  yet  no  champion  of  the 
sacred  band  has  taken  the  field  to  deny  or  to  explain.  I  candidly  and 
willingly  admit  that  there  are  in  the  ranks  of  the  magistracy,  individuals 
justly  entitled  to  the  esteem  and  respect  of  their  fellow  townsmen,  but 
they  have  mostly  left  the  arena,  disgusted  with  the  scenes  that  were 
enacted  by  their  more  active  and  energetic  brethren.  I  will  venture  to 
afHrni,  without  the  possibility  of  being  contradicted  by  proof,  that  during 
the  lapse  of  the  last  thirty  years,  the  magistracy  and  police  have,  by  one 
stratagem  or  other,  taken  from  the  pockets  of  the  people,  in  over  exactions, 
fines,  etc.,  &e.,  a  sum  that  would  exceed  in  the  gross  amount  .£oO,000; 
and  I  am  prepared  to  prove  my  assertions  whenever  they  are  manly 
enough  to  come  forward  and  justify  tneir  conduct  to  the  people.  Can 
it  not  be  proved,  and  is  it  not  notorious,  that  one  of  the  present  active 
magistrates  has  contrived  for  years  to  filch  from  one  establishment,  and 
that  dedicated  to  the  comfort  of  the  poor  and  destitute,  at  least  £oOO  per 
annum?  Can  it  not  be  proved,  that  the  fines  exacted  in  the  name  and 
on  the  behalf  of  our  Sovereign  Lord  the  King,  have  amiually  for  the 
last  thirty  years  exceeded  £200;  and  of  this  sum  His  most  Gracious 
Majesty  has  received  about  as  much  as  would  go  into  the  royal  coffers, 
if  the  long  dormant  claim  of  the  Quit  Rents  was  revived  imi)rudently. 
Is  it  not  known  to  every  reflecting  and  observant  man,  whose  business 
or  curiosity  has  led  him  to  lake  a  view  of  the  municipal  bustle  of  our 
Court  of  Sessions,  that  from  the  pockets  of  the  i)Oor  and  distressed  at 
least  £1000  is  drawn  aniuiallj'-,  and  pockiited  by  men  whose  services  the 
country  might  well  spare.  These  things,  Mr.  Howe,  cannet  much 
longer  be  endured,  even  by  the  loyal  and  peaceable  inhab'iaiii-:  of  Nova 
Scotia.     One  half  of  the  most  respectable  of  the  middli\ig  orders  have 


I 


TRIAL   FOR  LIBEL. 


21 


this  yoar  boon  suod  or  summoned  for  Ihc  amount  of  fhoir  last  years' 
poor  and  county  rates ;  and  nearly  the  whole  town  Iwive  aitpealed  or  are 
murmuring  at  the  extravagant  amount  of  the  assessment  for  the  present 
year.  I  will  venture  to  affirm,  and  have  already  affirmed  in  a  Ibrmer 
number,  that  £1500  ought  to  defray  all  ordinary  expenses  for  the  county ; 
ami  by  the  speech  of  His  Excellency  at  the  opening  of  the  session,  we 
are  informed  that  the  people  of  England  have,  with  their  wont(.'d  gen- 
erosity, relieved  us  of  a  large  ])ortion  of  the  extraoi'dinary  expenses 
which  the  visitation  of  Providence  rendered  necessary.  In  fine,  Mr. 
Howe,  the  affiiirs  of  the  county  have  been  for  years  conducted  in  a 
slovenly,  extravagant,  and  unpopular  manner,  and  the  peojjle  have  been 
entirely  in  the  dark,  as  regards  the  collection  and  a])propriulion  of  their 
monies  ;  but  they  have  now  amongst  them  a  Clsief  IMagistrate,  who  has 
jdedged  himself  to  be  candid,  and  I  trust  we  will  find  him  impartial  also. 
I  am  neither  a  flatterer  nor  physiognomist,  but  I  cannot  help  observing 
in  the  martial  tread  and  manly  mien  of  our  present  Governor,  some  of 
the  outwards  features  of  the  late  Sir  John  Sherbrooke,  and  if  the 
inward  man  be  corresponding,  there  is  yet  some  hope  for 

Tub  People." 


't! 


one 
ions, 
,000; 
lanly 
Can 
ctive 
and 
»  per 
and 
the 
cious 
ffers, 
:ntly. 
iuess 
our 
d  at 
Is  the 
;nuch 
ova 
have 


Mr.  Howe  inquired  of  the  court  wh«!ther  he  were  not  entitled  to  the 
names  of  the  prosecutors.  The  chief  justice  answered  that  the  court 
knew  nothing  on  that  subject ;  they  referred  to  the  Attorney  General. 
The  cause  was  brought  before  them  by  the  grand  inquest  of  the  county, 
and  should  be  tried  in  the  usual  manner. 

Mv.  Howe  then  entered  upon  his  defence,  and  spoke  to  the  following 
effect :  — 

7)^/  Lords  and  Gentlemen  of  the  Jury,  —  I  entreat  you  to  believe  that 
no  ostentatious  desire  for  display  has  induced  me  to  undertake  the  labor 
and  responsiI)ility  of  this  defence.  Unaccustomed  as  I  am  to  the  forms 
of  courts,  and  to  the  rules  of  law,  I  would  gladly  have  availed  myself 
of  professional  aid ;  but  I  have  felt  that  this  cause  ought  to  turn  on  no 
mere  technicality  or  nice  doctrine  of  law,  but  on  those  broad  and  simple 
principles  of  truth  and  justice  to  which  an  unpractised  speaker  may 
readily  appeal,  and  which  an  impartial  jury  can  as  clearly  comprehend. 
I  have  felt  besides,  that  if  the  press  is  to  be  subjected  to  a  series  of  per- 
secutions such  as  this,  it  is  indispensable  to  the  safety  of  those  who  con- 
duct it,  that  they  should  learn  to  defend  themselves. 

Believe  me,  also,  that  the  notoriety  and  excitement  of  this  proceeding, 
are  foreign  to  my  taste.  Men  of  my  profession,  whose  duty  it  is  to  min- 
gle in  public  contests,  and  while  watching  over  the  general  interest,  to 


\l 


~i  IW 


1: 


m.ku 


22 


TRIAL  FOR  LIBEL. 


wrestle  with  llio>o  who  menace  or  invade,  are  too  often  reproached  with 
the  invidious  tasks  tliey  iicrfonn;  jind  siispcjcted  of  a  morbid  fondne.s.-} 
for  contests,  into  whicli  tiicy  an;  impelled,  by  a  sen?c  of  the  oblij^ations 
that  public  faith,  and  common  honesty,  call  on  them  to  discharge. 
Those  who  know  me  best,  well  know,  that  I  would  rather  give  tlie  little 
leisure  that  a  laborious  lift;  alTords,  to  my  books  and  my  fireside — to 
the  literature  that  ennobles,  and  the  social  intercourse  that  renders  soci- 
ety dear,  rather  than  to  those  bickerings  and  disputes  by  which  it  is 
divided;  and  by  which  man  is  too  often,  without  sulHcient  cause,  set  in 
array  against  his  fellow  man. 

Dut,  my  Lords  and  Gentlemen,  while  this  is  my  disposition,  and  these 
my  favorite  pursuits,  I  have  too  strong  a  sense  of  wliat  I  owe  to  my 
profession,  and  to  tlu;  well  being  of  the  community  in  which  I  reside,  to 
shrink  from  any  peril  —  from  any  responsibility  or  toil,  that  the  vital 
hiterests  of  these  impose.  I  have  never  done  so  —  and  though  often 
sorely  beset,  and  mentally  and  i»hysicully,  if  not  legally  trieil,  I  have 
endeavored  at  all  hazards,  and  sometimes  against  fearful  odds,  to  keep 
on  u  course  of  consistent  public  duty,  from  the  even  line  of  which  no 
consideration  could  sway  me  to  the  right  or  to  the  left.  In  obedience  to 
that  sense  of  duty  I  now  stand  before  you,  to  answer  to  the  charge  con- 
tained in  the  indictment  which  has  been  read  and  ex|)lained  to  you  by 
Mr.  Gray.  To  that  indictment  I  have  pleaded  Nut  Gtiilfi/,  and  I  am 
now  to  explain  to  you  why  I  conceive  that  I  have  been  harshly  and  yet 
innocently  arraigneil. 

And  here  I  may  be  permitted  to  thank  Heaven  and  our  ancestors, 
that  I  do  not  stand  before  a  corrupt  and  venal  court,  and  a  packed  and 
I^redeterrained  jury,  to  contend  against  those  horrible  i)erversions  of  the 
constitution  and  the  law,  by  which  justice  and  common  sense  were 
formerly  outraged,  and  by  which  many  an  innocent  and  virtuous  man 
lias  been  cruelly  condemned.  Aided  by  the  talent  and  the  independent 
spirit  of  the  English  bar,  and  by  the  intelligence  and  determination  of 
English  juries,  the  press  has  long  since  achieved  a  triumph,  which, 
without  placing  it  above  the  law,  or  endowing  it  with  any  mischievous 
privilege,  has  formed  its  chief  security  and  defence.  Formerly,  in  cases 
of  libel,  instead  of  the  jury  being  called  on  to  give  a  general  verdict, 
founded  on  their  own  view  of  the  law  and  the  facts,  they  were  directed 
to  determine  only  whether  the  matter  in  question  had  been  published  by 
the  party  arraigned;  and  if  it  had,  the  judge  assumed  his  guilt,  and  a 
wicked  minister  often  awarded  the  punishment.  But,  thank  God,  those 
days  are  passed.  Such  a  prostitution  of  judicial  power  can  never  occur 
again  under  the  shadow  of  the  British  law,  for  no  jury  within  the  wide 


■1 


\\ 


-»n 


TRIAL   FOR  LIBEL. 


23 


\^' 


hcc.'^tors, 
Iked  and 

of  the 
c  were 
us  nuui 
,)eiidcnt 
iition  of 

which, 
Ihiovous 

n  cases 
|verdict, 

i  reeled 

lied  1)y 
and  a 
[1,  those 

|r  occur 

e  wide 


'•! 


circle  of  the  empire,  would  pulmiit  to  such  an  infraction  of  their  privi- 
lege, even  if  a  judge  could  he  found  daring  enough  to  attempt  it.  Men 
charged  with  lil)el  are  not  now  to  he  tried  hy  the  mere  fact  of  puhlica- 
tion,  nor  even  hy  the  tendency  of  what  they  print,  tiiough  that  may  bo 
most  evil  and  injurious  ;  hut  as  they  are  tried  for  all  other  crimes  —  hy 
the  intention,  the  motive,  witli  wliich  they  committed  the  act.  If,  in 
resisting  a  l)urglar,  1  knock  my  frieiHl  upon  the  head,  I  cannot  he  con- 
victed of  crime  ;  and  if  in  op[)osing  a  pultlie  robber,  I  ntterly  destroy 
his  reputation  1)y  th(;  exposure  of  his  malpractices,  the  jnry  try  me  by 
my  motive,  not  by  the  severity  of  the  infliction,  unless  the  punishment  be 
utterly  disproportioned  to  the  crim<\  Nay.  if  in  iierforming  this  justifia- 
ble act,  r,  without  any  bad  design,  inflict  some  injury  on  the  innocent,  the 
jury  h.'ivc.'  the  right,  on  a  careful  review  of  my  conduct,  to  balance  the 
object  in  view  against  the  unintentional  evil,  and  to  give  me  a  dis(,'harge. 

To  fix  and  determine  these  principles,  cost  years  of  litigation,  and  legis- 
lation, and  although  our  hearts  might  be  nerved,  and  our  feelings  .subli- 
mated, l>y  turning  back  to  the  fiery  ordeals  through  which  they  passed,  I 
will  not  now  occupy  your  time  with  references,  that  I  know  the  clear  and 
distinct  direction  of  the  bench  will  render  unnecessary.  Their  lordships 
will  tell  you  that  you  arc  the  sole  judges  of  the  fact  and  of  the  law  ;  and 
that  although  every  word  of  what  I  have  [)ublished  were  false,  and  its 
tendency  most  injurious,  that  you  are  to  try  me  solely  by  the  motive  and 
intention  by  which  I  was  controlled.  Nor,  gentlemen,  were  such  the 
case,  would  I  be  afraid  to  be  so  tried ;  even  then  I  would  rely  on  your 
firmness  and  sagacity,  confident  that  you  would  vindicate  your  rights 
and  do  me  justice.  And  if,  in  a  situation  of  so  much  greater  peril,  in  a 
position  ten  thousand  times  more  invidious,  I  could  appeal  to  the  court, 
the  jury  and  the  l.aw ;  with  how  much  more  security  and  confidence  may 
I  not  only  rely  upon  your  verdict,  standing  before  you  as  I  do,  for  pub- 
lishing what,  had  the  opportunity  been  afforded,  I  would  have  convinced 
you  was  true,  and  the  tendency  of  which  has  been  and  must  be  most 
salutary  and  beneficial. 

And  here  may  I  not  ask  if  it  is  not  a  most  extraordinary  thing,  that 
men  whose  conduct  has  been  publicly  and  fearlessly  arraigned  —  that 
men  who  pretend  that  they  have  been  injured,  and  that  an  ample  inves- 
tigation is  indispensable  in  order  that  their  characters  maybe  cleared  — 
should  have  brought  thfjir  action  in  such  a  way  as  to  defeat  the  very 
object  they  pretend  to  have  in  view.  If  they  were  serious,  why  did 
they  not  bring  their  action  on  the  case,  lay  their  damages,  and  submit 
their  administration  to  the  most  ample  inquiry?  But  they  have  chosen 
their  course,  they  have  made  their  election,  and  depend  on  it  they  shall 


4 


i   'i 


I 


'» 


■ 


24 


TRIAL   FOR  LIBEL. 


Iiavo  the  full  benefit  of  every  julvantiigo  it  nlTonl:?.  Shortly  after  the 
piildicMlion  of  the  letter  reeitecl  in  this  iiidietment,  a  notice  appeared  in 
the  Halifax  Journal,  re(|iie-;tinj^  tlie  piil)li»!  to  suspend  their  opinions  until 
the  magistrates  eould  eonio  Ibrward  and  i)rove  the;  falsity  of  the  charges 
in  a  court  of  justice.  The  public  have  suspended  their  opinions ;  you 
gentlemen  of  the  jiny  have  doubtless  suspended  yours,  waiting  the 
promised  proof ;  and  now  you  sec  the  way  in  which  it  is  to  be  given. 
Could  you  be  conviiice(l  of  their  innocence,  unless  I  were  permitted  to 
bring  evidence  —  why  then  have  they  brought  their  action  in  a  way  that 
renders  that  impossible?  Why  have  they  i;  >t  ailbrded  the  means  indis- 
pensable to  a  calm  and  enlightened  review  of  their  public  conduct  ? 

Gentlemen  they  dared  not  do  it.  Yes,  my  Lords,  I  tell  them  in  your 
presence,  and  in  the  presence  of  the  comnmnity  whose  confidence  they 
have  abused,  that  they  dared  not  do  it.  They  knew  that  "discretion 
was  the  bcitter  pai't  of  valor,"  and  that  it  might  be  safer  to  attempt  to 
punish  me,  than  to  justify  themselves.  There  is  a  certain  part  of  a  ship 
through  which  when  a  seaman  crawls,  he  subjects  himself  to  the  derision 
of  the  deck,  because  it  is  taken  as  an  admission  of  cowardice  and  incom- 
petence ;  and  had  not  these  jobbing  justices  crawled  in  here  through  this 
legal  lubber  hole  of  indictment,  I  would  have  sent  them  out  of  court  in 
a  worse  condition  than  Falstaflf's  ragged  regiment  —  they  would  not 
have  dared  to  march,  even  through  Coventry,  in  a  body,  [^--'^^d^^^ci' 
and  aj^plause,  which  were  suppressed  by  the  court  and  officers,] 

How  dilferent  has  been  their  conduct  and  mine.  They  have  shrunk 
from  inquiiy,  though  they  have  strained  after  punishment.  I  have  in 
every  shape  dared  the  one,  that  I  might,  so  far  as  laid  in  my  power,  be 
able  to  secure  the  otlier.  They  have  filled  every  street  and  company 
where  they  appeared  with  com[)laints  of  fals  ,1'ood  and  injustice.  They 
have  crammed  the  newspapers  with  libel  cuocs  to  mislead  or  overawe. 
They  have  taken  six  weeks  to  determine  on  this  prosecution,  leaving 
their  adversary  but  a  lew  days  to  prepare;  and  finally,  they  have 
brought  their  action  by  indictment,  well  knowing  that  the  court  could  not 
admit  evidence  but  on  the  side  of  the  crown.  Does  this  look  like  inno- 
cence.''—  is  it  candid  —  is  it  fair?  Can  a  body  against  whom  grave 
charges  have  been  preferred,  present  this  mockery  of  an  investigation 
as  a  full  and  sufficient  answer  to  the  public  ?  How  different  has  my 
conduct  been.  From  the  moment  that  I  heard  of  this  prosecution,  I 
refrained  from  all  publications  that  might  by  any  possibility  influence 
the  public  mind.  I  have  neither  sought  to  deprecate  the  wrath  of  their 
worships,  *o  excuse,  to  justify,  or  explain.  But  I  have  taken  every 
pains  that  the  even  course  of  justice  should  not  be  disturbed,  and  now, 


>" 


f 


TRIAL   FOR   LIUEL. 


25 


after  tlio 
ican'd  ill 
ions  until 
3  oliargcs 
ons;  you 
iting  thu 
l)c  given, 
nittt'cl  to 
way  that 
ms  indis- 
uct? 

11  ill  your 
nee  lliey 
liseretioii 
ttempt  to 
of  a  ship 
e  derision 
id  incom- 
ough  this 
P  court  in 
.-ould  not 
Lnughter 

c  shrunk 
have  in 
)o\ver,  be 
company 
They 
verawe. 
leaving 
.^y  luive 
ould  not 
kc  inno- 


►n  grave 


igadon 


1st 
has  my 
;ution,  I 
Influence 
I of  their 
In  every 
Ind  now, 


instead  of  seeking  an  escape  by  objections  to  the  indictment,  or  eavilling 
at  the  iiisuirieiency  of  proof,  I  (ling  myself  fearlessly  into  the  coutrst; 
and,  so  far  as  I  can,  shall  endeavor  to  make  even  this  one-sided  prosc- 
ciilion  (»f  some  public  utility,  by  defending  myself  on  the  broadest  possi- 
ble grounds. 

Had  their  worships  brought  their  action  on  the  case,  whether  they  or 
I  were  worsted,  would  havi'  l)een  of  little  cons('(|ueiiee  —  the  truth,  tin; 
whole  Irtilh,  and  nothing  but  the  truth,  would  have  been  elicited  ia  th(^ 
course  of  the  examinations,  and  the  public  mind  woidd  either  have  Itceii 
satislied  of  their  guilt,  or  bavi;  been  soothed  and  trantiuilized  by  the 
most  convincing  proofs  of  their  innocence.  Were  I  to  imitatt!  their  dis- 
ingenuous example,  no  public  good  could  possibly  arise.  Jbit  they  have 
driven  me  to  tlu!  wall;  they  have  sought  to  punish  rather  than  explain 
—  to  silence  rather  than  to  satisfy.  They  have  sought  by  tin*!  and  im- 
])risonment  to  break  the  spirit  of  their  accuser,  rather  than  to  clear  thi.'ir 
characters  by  a  fair  and  candid  trial.  They  have  placed  me  in  the 
unpleasant  and  invidious  jiosition  in  which  I  stand;  before  me  this  august 
tril)unal  —  behind  me  the  county  jail,  and  th<i  consequences  be  upon 
their  heads.  If  this  trial  tortures  them  much  more  than  it  tortures  me, 
they  have  themselves  to  blame.  Whih'  they  wince  under  the  lash,  let 
them  remember  they  knotted  the  cords  for  me  —  that  they,  a  numerous 
and  powerful  body,  leagued  themselves  against  an  humble  individual, 
because  he  merely  performed  a  duty  which  they  knew  he  could  not  hon- 
orably avoid. 

In  the  trial  of  indictment  for  libel,  as  their  worships  the  magistrates 
very  well  know,  the  defendant  is  not  allowed  to  prove  the  truth  of  his 
l)ubIication,  and  therefore  is  cut  off  from  what,  in  an  action  on  the  case, 
is  often  his  strong  ground  of  defence.  But  he  has  the  privilege  of 
explaining  to  the  jury  .any  thing  which  may  illustrate  the  motives  and 
intentions  by  which  he  was  influenced,  to  satisfy  them,  that  so  far  from 
wishing  to  provoke  a  breach  of  the  peace  —  so  far  from  incurring  the 
guilt  of  which  he  stands  accused,  that  his  motive  was  praiseworthy,  his 
intentions  honorable,  and  his  act  demanded  by  the  circumstances  in 
which  he  was  placed.  This  privilege  I  shall  now  proceed  to  exercise. 
It  is  one  that  the  court  will  not  deny,  as  it  is  so  essential  to  the  safety  of 
persons  similarly  accused. 

The  first  question  which  occurs  to  a  rational  mind  —  the  first  that  an 
impartial  juror  will  ask  himself,  is  this  —  what  motive  could  the  accused 
have  had  for  attacking  a  body,  in  the  ranks  of  which  were  some  of  his 
own  relatives  and  personal  friends ;  and  which  embraced  some  of  the 
leading  men  of  the  principal  families  in  the  place,  whos3  support  and 
3 


w.^ 


ini^iiii 


;J 


86 


TniAL  Fou  liiii:l. 


counti'iianro  iniiilit  l)f  of  pssciitia!  sorvifc  —  wlio-io  enmity  it  would  ho 
iinjtolitic  if  not  iii^riily  iiijiiiioii-*  to  provoke.  What  intere-itecl  or  mali- 
cious motive  ••oiiM  I  have  hail?  (IrDlliaieii,  I  had  none.  With  nearly 
all  tiie  individualn  assailed,  I  iiad  lieen  on  t'rirnilly  terms  for  years ;  to 
some  of  them  I  was  hoinid  hy  nearer  lies;  with  no  one  of  them  had  I 
ever  had  ahcrcation  or  di-pule.  I  had  for  those  that  are  really  e>tima- 
ble  umon;^  th(.-m,  and  in  spite  of  thin  perseontion  I  still  have,  the  most 
UMl)ounded  respeet.  lint  this  only  extended  to  their  private  eharaeter.s. 
As  ma;;istrates,  haxinj,'  the  <;uar(liaiiship  of  morals  and  the  pnldie  peace; 
as  the  lej^islators  of  the  eoinity  ;  the  eolleetors  and  dispensers  of  its 
revenues;  tho  trustees  of  its   property;    th(!  auditors  of  its   aeeounts ; 

them,  as  you  know  them  —  as 


th 


e  almoners  ol  its  esliihli.^ninenls,  I  Knew  tliem,  as  you  Know  tiie 
almost  every  man  in  the  eonununily  knows  them,  to  be  the  most  negli- 
gent and  imheeile,  if  not  the  most  reprehensil>le  hody,  that  ever  mis- 
managed a  people's  affairs.  Had  1  not  believed  lliis  to  he  the  liu't  — 
had  not  the;  eoneurrent  testimony  of  thousands  in  the  eommunily  im- 
pressed it  strongly  on  my  mind  —  had  not  the  just  eomplainls  of  those 
who  were  daily  injured  by  the  gross  negleet  of  duty  on  the  part  of  some, 
and  the  still  grosser  malversations  of  others,  e(tntinnally  resounded  in 
my  ears  —  had  ncM  my  own  experieiu-e  and  observation,  and  the  reason- 
ing and  caleulations  of  much  shrewder  minds,  I'lirnished  abundant 
proofs  —  had  not  grand  jury  after  grand  jury  arraigned  tho  system 
which  they  uj)held  —  nay,  had  not  my  own  labors  as  a  grand  juror 
abundantly  convinced  me  that  these  charges  were  true,  I  should  not 
have  been  standing  hen;  to-day  to  speak  in  my  own  defence,  lor  I  would 
not  have  dared  to  publish  the  letter  in  w  liich  their  conduct  was  censured 
and  exposed.  And  can  they  bo  so  blind  and  weak  as  to  suj)pose,  that 
by  punishing  a  printer,  evi'U  if  that  were  possible  in  such  a  ease,  tho 
public,  for  whose  benefit  their  doings  were  unveiled,  can  be  hoodwinked 
and  deceived  ?  Can  their  characters,  like  the  religion  of  Mahomet,  be 
propagated  by  persecution  ?  They  may  expect  much  from  the  result  of 
this  trial;  but  before  1  have  done  with  them,  I  hopc^  to  convince  them 
that  they,  and  not  I,  are  the  real  criminals  here;  and  I  shall  be  mis- 
taken if  it  does  not  prove  the  downfall  of  their  imbecility  —  the  gra^e 
of  their  corruj)tion. 

You  would  have  been  amused,  Gentlemen,  had  you  l)cen  in  court  on 
Tuesday  last,  when  this  graven  body  marched  in,  with  one  of  their  num- 
ber at  its  head,  who,  with  amazing  power  of  face,  read  a  resolution  to 
their  Lordships,  that  had  been  passed  at  a  meeting  of  the  sessions,  tho 
purport  of  which  was  that  they  were  most  anxious  that  Mr.  Joseph 
Howe  should  be  allowed  to  bring  evidence,  in  order,  if  ho  could,  to  sub- 


TFilAl,    von    l.UW.L. 


27 


gr;r-e 


hurt  on 
Muni- 
tion to 
Ins,  the 
iTosopli 
lo  i;ub- 


i 


(!tntiiiiiti'  till'  «Ii!irp:('-»  roiitiiincil  in  iIh-  I'iImI.  Tlir  pro«priition  hml  lircn 
oomnKiicctl  at  their  Instanct'  l>y  thi-  n-dwu  oHiciTs  —  ti  Hill  of  hulict- 
ni<iit  lind  Im'i'u  fiiuiid  —  !in(|  his  r,oriI«lii|)  danil  imf.  lor  hi-i  licinl.  vnry 
th<'  rults  of  law  hy  wliich  the  is-iiic  wii-*  to  lir  trinl;  wlifii  in  niarihnl 
this  itiiMKiculali-  hmly,  with  the  niodfst  n'(|M<'-t  that  llii'  rule-*  of  law 
.ilionld  In-  liidkcn,  tlic  |)rin<'i|d«s  t'stal)li'lird  in  r(',i>on  Mud  rx|trrii'Mco 
oviTturncd,  in  order  tliat  tliai  nii'_dit  hr  done,  which  they  had  previously 
taken  every  pains  to  prevent.  Did  this  look  like  eonsci(Mis  itniocenee  ? 
AVeri'  then'  not  some  li'ijjal  minds  comiected  with  that  hody,  who  knew 
that  siieh  a  mi^-ion  nui<t  ho  fVuitle>s  ;  wlio  could  liave  explained  thd 
natin-e  of  ilie  law,  and  prevented  tliat  extraordinary  <'xhiliilion  ?  If  it 
proceeded  from  i^rnorance,  what  niu-t  we  thiidv  of  the  satracity  of  tho 
hody  —  if  it  did  not,  what  else  was  it,  hut  ii  most  harefacod  attempt  to 
deceive?  It  appeared  to  me  as  if  lliey  had  !oa(hMl  a  field  pii'ce.  ])re- 
feiited  it  at  the  lirea<t  of  their  l()e,  wlioin  they  had  tied  to  a  staki'.  and 
liavini;  liiflited  the  fuse,  pravfdy  look  otf  their  hats,  and  makinj;  n  very 
polite  how,  nejrjr<'d  that  it  would  not  'jfo  oil",  till  he  liad  i:ot  hehind  his 
wall.  ]*>Mt  liefore  I  have  conclinletl,  I  hope  to  put  them  in  the  situation 
of  the,  unfortunate  Irishman,  who,  to  prevent  the  «'Xplosion,  crammotl 
his  \\']<s  into  the  muzzle,  and  j];ive  them  a  "hoist  with  their  own  petard." 
[Lauj.diter.] 

1  nuist  njrain  express  my  reQ;rot  that  they  linve  not  taken  another 
mode  of  tryinf:f  this  question.  I  wish  that  ]u)  who  I'ead  the  resolution  on 
Tues(hiy  hefore  theii-  Lordships,  had  l)rou,;j;ht  his  action  for  damaces. 
If  he  had,  he  would  never  have  eoine  hen;  airain  to  torment  tlu'ir 
Lordshij)s  with  resolutions;  or,  at  all  events,  when  their  worships  took 
the  field  aj^ain  asainst  tho  press,  they  would  lii^ht  under  another  leader. 
If  they  really  had  no  leccal  advisers  in  this  matter,  they  miifht  them- 
selves have  learned  from  IMackstone  "that  law  is  a  rule,  not  a  sudden 
order  from  a  superior  to  or  ooneernini;  a  particular  person  ;  hut  some- 
thiiijT  permanent,  unilbrm  and  luiiversal."  liut,  I  Ixdieve,  that  they 
have  heen  so  much  in  the  habit  of  departini^  from  all  law  in  their  own 
brick  temple,  that  they  thought  there  was  not  a  court  in  the  country, 
where  it  mij:ht  not  be  dispensed  with  to  suit  their  particular  views.  I 
am  hapi)y  that  there  is  not  only  u  court  above  their  power,  but  that  a 
jury  also  comes  between  them  and  their  intended  victim.  Holt,  and 
some  of  the  older  authoriti(>s,  hold  that  the  sessions  may  take  cognizance 
of  libel ;  if  so,  I  rejoice  that  their  worships  were  not  aware  of  the  fact, 
for  had  they  got  me  within  their  power,  to  be  dealt  with  by  their  law, 
they  would  not  have  allowed  me  the  privilege  of  addressing  yon. 

In  conducting  this  defence,  I  do  not  mean  to  say,  and  if  I  read  the 


"  1, 


' '  ■,  I 


if 


w 


>  l.i 


r 


i! 


li! 


''<■:   I 


I'tj 


28 


TRIAL   FOR  LIBEL. 


law  aright,  their  Lor(l:^hips  cf.nnot  permit  me  to  pay,  that  the  charges  in 
the  paper  published  are  true.  The  truth  would  he  no  dejence  in  a  crim- 
inal action,  as  the  magistrates  very  well  know  or  they  would  not  have 
brought  it;  hut  I  shall  be  permitted,  and  it  is  my  duty,  to  show  you 
the  state  of  my  own  mind  at  (he  tune  I  published  the  letter,  in  order 
that  you  may  judge  of  my  guilt  or  ii.nocence  —  ascertain  my  real  motive 
and  intention,  and  decide  whether  I  deliberately  did  that  which  would 
tempt  to  a  breach  of  the  peace,  or  was  laboring  to  restore  and  preserve 
it.  This  is  my  duty  to  you  ;  your  duty  to  me  is  to  try  me  as  our  Heav- 
enly Father  tried  us,  not  only  by  the  acts  we  do,  but  by  the  purity  of 
our  hearts. 

Although  upon  the  issue  of  this  trial,  the  declaration  can  have  no 
bearing  (as  the  law  makes  me  responsible  for  what  I  publish)  it  is  per- 
haps due  to  myself  to  state,  that  I  did  not  write  one  line  of  the  letter 
mentioned  in  the  indictment ;  I  never  advised  the  preparation  of  it, 
and  made  no  alteration  of,  or  addition  to  it,  so  far  as  my  memory  serves, 
and  this  I  state  uj)on  my  honor,  as  I  would  declare  upon  my  oath.  But 
when  the  letter  was  sent  to  me,  I  did  not  hesitate  to  insert  it ;  because 
although  many  might  be  startled  by  the  broad  and  general  assertion, 
that  so  large  a  sum  as  £1000  a  year  had  been  taken  from  the  [jockets 
of  those  who  ought  never  to  have  paid  it,  I  had  satisfied  myself,  and  if 
the  opportunity  were  aflbrded,  I  would  satisfy  you,  that  by  the  neglect, 
incompetence  and  corruption,  of  the  parties  charged,  we  have  been  annu- 
ally despoiled  of  a  ■nuch  larger  amount.  And  strong  in  that  belief,  I 
pul'lished  the  letter,  and  should  have  betrayed  the  trust  I  hold,  had  I 
caused  it  to  be  suppressed. 

Though  I  shall  not  seek  to  discover  any  flaws  in  the  indictment,  per- 
mit me  to  turn  your  attention  for  one  moment  to  its  language.  I  am 
aware  that  words  that  sound  awkwardly  in  common  use,  often  creep  into 
legal  papers  ;  still  I  cannot  but  think,  that  though  the  preface  to  this 
might  be  very  appropriate,  if  I  were  found  raising  an  armed  insurrection 
against  His  iMajesty's  Government,  it  is  greatly  strained,  inasnnich  as  I 
have  only  rebelled  against  the  majesty  of  the  sessions.  "The  jurors  of 
our  Lord  tlu;  King  upon  their  oath  present,  that  Joseph  Howe,  late  of 
Halifax,  in  the  County  of  Halifax,  i)rinter,  being  a  wicked,  seditious  and 
ill  disposed  person,  and  being  a  person  of  a  most  wicked  and  malicious 
temper  and  disposition"  —  now  of  all  this  I  do  not  complain;  though 
it  sounds  liarshly,  it  is  I  Ix-lieve  the  usual  form;  and  were  there  nothing 
more,  I  would  leave  you,  gentlemen,  many  of  whom  have  known  me 
from  my  childhood,  to  judge  of  the  maliciousness  of  my  dis|)osition ; 
but  there  is  another  passage,  which  seems  to  have  been  introduced  to 


1 


I 


i 


.'('{)  into 

to  this 

■rection 

ich  as  I 

rors  of 

late  of 

JUS  and 

ilicious 

thoiii^li 

lolliiiig 

4 

I 


TRIAL   FOR  LIBEL. 


20 


stlcrmatizc  and  dofamc  ;  and  wlilcli,  tliough  it  may  be  believed  by  a  few 
persons  about  tlio  sessions,  will  find  no  echo  from  your  box  or  from  this 
country.  It  is  further  set  out  that  beiag  such  person  as  aforesaid,  and 
'•greatly  disafT'ected  to  the  administration  of  His  Majesty's  Government 
in  this  province,  and  wickedly,  maliciously,  and  seditiously  contriving, ' 
devising,  and  intending  to  stir  iip  and  excite  discontent  and  sedition 
among  His  Majesty's  subjects,"  etc.  If  this  were  true,  I  sliould  consider 
it  hopc'.i'ss  to  trouble  you  with  any  uofence;  but  for  a  full  and  sullicient 
answer  to  the  charge,  I  may  safely  refer  to  what  I  have  written,  and 
you  gentlemen  have  read.  If  I  have  preached  sedition,  you  have 
encouraged  me  by  your  favor  and  support ;  the  country  by  which  I  am 
to  be  tried  has  rebelliously  responded  to  my  opinions.  I  might,  there- 
fore, leave  this  language  to  pass  for  what  it  is  worth,  but  I  will  just  turn 
to  one  of  my  sermons  on  sedition,  and  contrast  it  with  the  character 
drawn  of  mc  here.  In  the  file  of  The  Nova  Scotian  for  18G0,  there  is 
one  of  them,  under  the  head  of  "  England  and  her  Colonies,"  which 
commences  thus  :  — 

"  When  we  hear  the  cry  of  disloyalty  and  disaffection  raised  in  this 
colony,  as  a  more  full  development  of  the  powers  of  public  bodies  calls 
for  a  salutary  reform;  or  when  the  {>eople  are  roused  by  encroachments, 
to  di'ive  local  rulers  within  the  circle  of  public  safety ;  we  cannot  but 
smile  at  the  cunning  of  those,  Avho,  as  they  fail  to  satisfy  the  reason, 
seek  to  o])erate  upon  our  fears." 

The  obj'(>et  of  this  article  appears  to  be  to  prove,  "  That  there  does 
not  exist,  within  the  Avide  range  of  the  British  Empire,  a  people  more 
proud  of  the  name,  and  more  attached  to  the  Government  of  England, 
than  the  people  of  Nova  Scotia."  This  seems  to  be  a  strange  text  for 
a  sermon  on  sedition.  But  observe,  I  further  declare  that  I  have  "  a 
well  grounded  conviction,  that  the  foundations  of  loyalty  to  Britain,  in 
the  only  sense  in  which  that  term  ought  to  be  used,  are  laid  deep  in  the 
hearts  of  our  countrymen  ;  and  are  not  to  be  overturned  by  those  petty 
contentions  which  may  attend  the  improvement  of  our  local  government, 
or  which  are  inseparable  from  the  very  resistance  that  a  free  jieople  will, 
on  all  occasions,  offer  to  the  folly  or  encroachments  of  their  rulers." 

After  showing  of  what  elements  our  poj)ulation  is  formed  —  that  a 
part  of  it  springs  directly  from  the  loins  of  the  loyalists,  and  a  larger 
part  is  made  up  of  emigrants  from  the  British  Islands,  and  their  descend- 
ant-, who  find  here  "no  circle  of  citizenship,  into  which  it  is  necessary 
to  force  an  entrance  by  a  renegade  abuse  of  England  and  her  institu- 
tions ; "  it  ]iroceeds  :  — 

"  But  there  are  other  grounds  of  attachment  to  England,  besides  a 


i 


rffi 


30 


TRIAL   FOR  LIBEL. 


.i^ 


I     .J!i 


I    I 


direct  descent  from  tliosc  wlio  have  been  born  upon  her  soil,  or  (lio?o  ^vho 
have  sulfored  ex[)atriation  in  her  cause.  Tiioiigh  the  blood  of  Ihitons 
Hows  in  our  veins,  that  would  be  of  little  consequence,  if  every  thing 
else  did  not  conspire  to  keep  their  spirit  alive  in  our  bosoms.  The  lan- 
guage which  we  speak,  like  a  noble  stream  has  come  rolling  onwards 
from  the  days  of  the  Saxon  IIei)tarchy  down  to^  the  present  time,  be- 
coming in  every  age  more  pure  and  more  expressive,  bearing  along 
the  treasures  of  mighty  minds,  and  sparkling  with  the  coruscations  of 
genius.  Of  that  stream  we  are  taught  to  drink  from  our  childhood 
upwards;  and  in  every  draught  there  is  si  magic  influence,  turning  our 
thoughts  and  our  affections  to  the  hallowed  fountain  from  which  it 
sprung.  For  enlarged  and  cultivated  views  —  for  the  truths  of  natural, 
moral,  and  jjolitical  science,  we  are  indebted,  in  an  eminent  degree,  to  the 
statesmen  and  philosophers  of  Britain.  Our  souls  are  stirred  by  the 
impassioned  elocjuence  of  her  orators,  and  our  feelings  and  taste  are 
refined  by  the  high  inspiration  of  her  poets.  Nor  does  any  servile  feel- 
ing mix  with  our  particii)ation  of  those  treasures.  They  are  a  free  gift 
from  the  Ibunders  of  the  British  empire,  and  the  fathers  of  British 
literature,  science,  and  song,  to  the  children  of  that  empire,  and  the 
inheritors  of  that  language,  wherever  their  lot  may  be  cast.  They  are 
as  much  the  property  of  a  Briton  by  the  banks  of  the  Avon,  the  Hills- 
borough, or  the  St.  John,  as  by  the  Liffey,  the  Tweed,  or  the  Thames." 

Having  stated  the  reasons  why  these  strong  impressions,  many  of 
which  were  cherished  by  the  old  Colonies,  can  never  be  effaced  by  any 
such  train  of  circumstances  as  attended  their  unfortunate  struggle,  the 
disseminator  of  sedition  goes  on  ;  and  although  the  extract  may  be  tedi- 
ous, 1  must  trouble  you  with  it,  because  it  gives  to  this  jiart  of  the 
indictment  an  answer  as  complete,  as  I  shall  by  and  by  give  to  the 
others : — 

"Those  Avhose  dreams  arc  disturbed  by  what  they  are  pleased  to  call 
disalfected  and  republican  tendencies ;  who  alfect  to  iear  that  this  colony 
will,  at  no  distant  day,  throw  itself  into  the  circle  of  the  American 
Union,  may  gather  from  these  facts,  and  many  others,  ample  sources  of 
consolation.  "What  is  there  in  our  circumstances  or  our  feelings  to  jus- 
tify such  a  slander?  "What  is  there  so  advantageous  or  so  fascinating  iia 
such  a  connection,  as  to  induce  a  violation  of  the  strongest  and  most  hon- 
orable syin[)alliies  that  dislingui>h  our  population  —  which  have  grown 
with  our  growtli,  and  are  strengthening  with  our  strength?  H'  there 
were  sucli  advantages,  —  which  we  do  not  by  any  means  admit,  —  our 
very  pride  would  Ibrbid  us  meanly  to  seek  a  [)ar(icipation,  when  we  had 
borne  no  part  in  the  heat  and  burthen  of  those  days  of  trial  by  which 


I 

'■'i 


TRIAL    FOR   LIBEL. 


31 


tmg  in 
;t  lion- 
grown 
tlioro 
our 
had 
which 


I 


I 


I 


thoy  wore  obtained.  Could  wo  join  in  the  celobration  of  American  fes- 
tivals, every  one  of  which  was  a  disgrace  to  the  arms  that  have  pro- 
tected, and  not  oppressed  us,  ever  since  we  had  a  hut  or  a  foot  of  land 
to  deleiid  ?  Could  we  throw  up  our  caps  on  the,  fourth  of  July,  and  hail 
with  triuni[)h  a  day,  that  made  our  iiuhers  outcasts  and  wanderers  on  the 
earth  ?  Could  we  join  heart  and  hand  with  a  republic  which  fell  upon 
the  roar  of  Jiritain,  when  her  front  was  presented  to  hostile  Kuroix',  in 
a  struggle  ibr  the  liberties  of  the  world?  "Were  we  to  permit  the  Ameri- 
can banner  to  lloat  ui)on  our  soil  —  if  the  bodies  of  our  fathers  did  not 
leap  from  their  honored  graves,  their  spirits  would  walk  abroad  over  the 
land,  and  l)last  us  for  such  an  unnatural  violation. 

''  Yet  it  may  be  said,  that  we  have  nothing  to  set  against  these 
national  gratulations  and  glorifyings ;  and  that  it  is  natural  ibr  us  to 
sigh  Ibr  Washingtons  and  Franklins  of  our  own ;  and  lor  endless  anni- 
versaries, to  remind  us  of  the  deeds  and  the  glories  of  our  ancestors. 
We  do  not  wish  to  disparage  the  names  to  which  Republican  America 
accords  a  high  standing  in  her  annals,  nor  to  speak  lightly  of  the  ser- 
vices great  men  have  rendered  to  their  country;  but  is  it  possible  that 
any  subject  of  the  British  Empire  —  that  any  member  of  that  mighty 
whole,  can  be  at  a  loss  for  matter  of  gratitication  and  of  priile  ?  Can 
he  sigh  ibr  days  to  remind  him  of  past  glory,  or  names  to  make  the  blood 
stir  al»out  his  heart  ?  Every  i)age  of  our  history  is  redolent  of  fame ; 
and  there  is  not  a  second  of  the  year  unhallowed  by  some  glorious 
reminiscence.  The  nation  of  which  we  make  a  part,  and  of  which  we 
are  neither  serfs  nor  bondmen,  but  free,  equal,  and  unfettero'd  mem- 
bers, has  no  parallel  either  in  ancient  or  modern  times.  It  extends  to 
every  quarter  of  the  globe ;  the  sun  never  sets  upon  its  surface ;  and 
by  whom  shall  its  boundaries  be  defined?  The  seas  are  but  high  roads 
for  its  commerce;  the  winds  but  the  heralds  of  its  greatness  and  its 
glory  !  iS'or  arc  its  mighty  energies  wielded  to  oppress  or  destroy  —  but 
to  protect,  to  enlighten,  and  benelit  mankind.  While  Russia  sends  forth 
her  armit's  to  seize  some  tract  of  territory,  and  to  transfer  millions  of 
slaves  from  one  species  of  bondage  to  another ;  the  children  of  Britain 
go  forth  to  distant  regions,  obtain  a  triumph  over  unci, Itivated  nature, 
carry  with  them  their  language  and  institutions,  and  lay  the  founda- 
tions of  an  empire.  While  the  rulers  of  Austria,  Portugal,  and  Spain, 
arc  employed  in  tbrgiiig  new  fetters  for  the  mind  —  in  retarding  the  pro- 
gress of  knowledge  and  improvement;  the  statesmen  of  Britain  are 
engaged  in  working  out  those  reformations  which  the  active  intelligence 
of  a  firo  i)eople  are  continually  suggesting.  For  ages  has  she  stood  like 
a  beacon  light  upon  the  borders  of  the  old  world,  luring  the  nations  to 


■Hi 

m 


■'1 


t.if- 


Ir 


lIL 


r- 1 


f 


32 


TRiAf.  FOR  i.inr.L. 


h  ;  M 


M 


i 


!: 


Hi 
I 


Avcallli,  iiitclIi^cMico  niid  IVccddiii.  I'^'om  rouiilrics  llic  mosl  despotic  :ui(l 
debased,  the  eyes  of  tlit'  sImvc  liavr  wandered  towards  the  imtiiieiiclied 
and  iiii(iiieiiclial)le  lire  of  r>rili-ii  liberty;  and  liis  sniri<  has  rejoiced  in 
the  assurance,  that  sooner  oi'  later  M)iiie  spark  woidd  fall  np,)M  th(! 
smothered  energies  of  liis  hnid.  Advaiu'ing  onwards  by  the  •rnidanci! 
of  her  example,  one  ailer  anollier,  tiie  nations  are.  breaking;  their 
yokes  upon  the  heads  oC  llieir  la-k  masters,  and  assertiiii^  those  rii!;hts, 
lh(.'  knowledge  and  advantaujes  of  which  liave  been  tan.u;hl  lliein  by  th(! 
example  of  Kii;j;kni(L  'J'hen  is  it  from  the  fellowship  of  such  a  nation 
as  this  that  we  are  tojro  in  search  of  a  moir  honorable  I'nion?  Arc 
Ave  to  (ly  to  th(>  United  Slates  foi-  food  for  onr  pride,  or  for  objeels  and 
associations,  aronnd  which  our  fcclinjjjs  and  sympathies  can  clinjj;?  JMnst 
we  needs  turn  l\e[»nblicans,  because  our  forefalhers  have  left  us  no  val- 
uable iniieritance  —  no  imperi.-hable  monuuKMits  of  glory?" 

And  it  concludi's  with  the  following  sentcneo  : — 

"  Hc'-e  are  the  true  groinids  of  Colonial  fealty  to  England;  liere.  are 
Hie  real  foundations  of  lovaltv  in  Nova  Scotia.  Here  an;  the  seein'itios 
for  the  |iresen(  ;  hero  are  the  a-suranc(>s  of  the  futiu'e.  And  let  those 
\vho  now  imagin('  that  their  eliai'aclers  and  their  influence  are,  the  only 
connecting  links  which  biml  this  country  to  its  '•falluM-  land,'  be  assured, 
that  long  alter  they  li;ive  gniie  to  their  accoinils,  and  fatled  from  this 
Irausitory  scene,  —  nay,  ailer  luindreils  of  similar  sages  have  <listurbcd 
its  couir-els,  and  stood  in  ihe  way  ol'  its  advancement,  —  Nova  Scotia 
Avill  be  still  holding  on  her  cour-e,  by  the  side  oi"  her  illustrious  pariMit, 
■with  a  purer  spirit  of  loyally  animating  the  hearts  of  her  population, 
than  is  now  'di'i^unl  of  in  the  pl'.ilosophy  '  of  the  men  by  whom  her  (I 
might  almost  hav(>  said  iiii/)  elKuacler  is  slandered.'' 

l>y  a  lictit)n  of  law,  we  are  boinid  to  believi;  that  His  Majesty  is  pres- 
ent in  all  his  courts.  1  wi-li  to  Heaven  that  in  this  ease,  that  wen^  no 
liotion.  I  wish  that  His  IMajesly  really  sal  bi>side  their  lordship-;,  and 
could  hear  those  sontinienis  eoulra^cd  with  the  langu;ige  of  that  iiidict- 
menl  ;  I  doubt  not  he  would  do  nii>  ilie  justice  to  wi-h  that  he  had  many 
more  such  preachers  of  scdiiion  in  his  dominions.  While  [  sat  in  my 
ollice  jienning  these  passag<'s,  ^vhicli  were  to  exelie  disailection  and 
rebellion,  some  of  their  woi'sliips  were  plundering  the  poor;  and  others 
by  thi'ii"  negU'ct,  were  tacitly  sanctioning  petty  frauds  and  grinding  exac- 
tions ;  and  if  His  Maje-ly  sat  njion  that  bench,  while  I  i-oidd  appear 
before  him  with  my  fdes.  ;;nd  >how  him  that  I  never  publislicil  a  senti- 
ment that  might  not  liavi>  been  written  within  his  palace  walls,  and 
defended  in  any  court  in  his  realm,  tlie-e  j)ro.~eculors  would  shrink 
before  the  indignant  glance  of   the  Sovereign,  wlio-e  trust    they  had 


I 
i 


I 


"'"'Il 


Arc 


)rc,s- 
;'r(^  110 

|s,   !U1(1 

iidiot- 
iiiaiiy 
in  my 
|i  and 
|)1  liens 

xac- 
jipear 
;('iiti- 

aiul 
lii'ink 

had 


TRIAL    FOR    IJltllL. 


33 


al)iis('il.  Ills  INfajcsly  would  idl  llicm  ilial  Iw  wlio  nilis  llic  snhjcct, 
makt's  war  tipoii  (lie  luii^ ;  llial  lie  who  delays  or  willilioiils  jnstiee. 
cxeiles  di-eoii(eiit  and  M'dition  ;  and  altlionujii  (liey  niiijlil  |inl  on  as  Iiojd 
ji  f'roni  as  lliey  assnineil  Ia<l  'I'lieMJay,  lie  would  di'ive  tlieiii  from  liis 
nresence;  lie  would  (ell  (hem  (!ia(  (h.ry  were,  (lie  rehcls;  and  (lia( 
aj;ain>(  (hem,  and  not  aiiainst  me,  (his  hill  ol"  indie(men(  should  have 
been  liled. 

1  reirri'l,  gendiMiien,  (ha(  iVom  (lie  nalnr(>  of  my  defence,  il  will  (akc 
n|i  nineh  (ime;  (he  lahors  of  (he  day  will  lie  exhansdiiL!;  (o  ns  all,  hiil  I 
feel  (he  res|»onsii)ili(y  (lia(  rests  n|ioii  me.  I  aii(iei|)a(e  (he  eiree(s  of 
your  decision,  Iiodi  on  (he  press  and  on  (he  commnni(y,  and  mns(  solicit 
ti  pa(ieii(  hearing!;.  I(  may  he.  rccollecd'd  (hat  (he  pnhlicalion  mider 
review  was  preceded  hy  anodier,  wri((en  hy  (he  same  person  and  inserted 
in  the  Nova  Scotian  a  few  weeks  Ixdiire.  In  the  lirst,  popular  com- 
plaints were  alluded  (o,  ne;.;lec(  was  char;^ed,  and  some  hints  of  corriipdoii 
were  iijiven.  The  wish  evideiidy  was,  (o  arouse  (he  body  of  mai;is( rates 
to  a  state  of  self  <lel'ence  —  to  cause  an  alteration  in  the  .system  pursued, 
or  (o  elici(  some  proof  (hat  (he  char<^es  made,  hy  iinmeroiis  wri(ei's  and 
by  ^rand  jurors,  were  widiout  foimdadon.  l>y  reference  (o  (lia(  le(tcr 
we  shall  see  the  impression  which  was  on  the  writer's  mind  —  (he  object 
lie  had  in  view  —  ami  it  will  he  also  seen  that  a  part  of  (he  .i'lOOOa 
year,  which  he  says  was  "•taken  ou(  of  (li<'  ])ocke(s  of  hose  who  ought 
never    (o    have,    paid  it,"  was   charuetl    a,i!;aiiisL   (he   unequal   sys(em    of 


assessnu 


n(,  which  it  was  [lardy  his  wish  (o  expose, 


]My  own  (xperience  as  a  ;^raiid  juror  had  fully  sadsfiecl  me,  (hat  tlio 
general  views  of  this  writer  were  correct;  that  those  iiie<pialities  and 
abuses  did  exist,  and  were  mainly  atlrihiitabh)  to   tin;  sessi 


Oll- 


I 


m; 


ly 


be  accused  of  seekini^  to  overturn  the  <;overiimeiil,  but  at  all  even(s  [ 
am  no  friend  (o  annual  parliainen(s,  and  tor  this  sutncieiit  reason.  The 
grand  jmy  on  which  1  served,  like  all  others,  existed  for  a  year.     It 


took 


ns  nine  months  to  find  out  that  wret<'lied  abuses  existed 


and 


aft 


or 


we  hail  (piarndled  for  three  with  (heir  worshi])s,  who  an;  a  permanent 
and  dospo(ic  bo<ly,  and  have  hidierlo  set  tlioir  faces  steadily  against 
improvement,  wo  went  out  of  oilice.  Others  came  in  who  douhdoss 
spent  (heir  nine  months  of  pndiminary  preparation  for  fruitless  contests; 
and  thus  matters  have  proceedi'd  in  a  circle  lor  many  years. 

Let  nu  now  turn  your  a((eii(ioii  for  a  moment  to  the  mode  in  v.diicli 
the  poor  and  county  rate's  have  been  levied  in  this  district  for  many 
years.     A  few  plain  facts  will   be  sniricient  to  convince  you,  thai  by  (he 


iiioipi 


;diii 


and 


injus(ice  of  (his  sys(eiii   alone,  to   say 


nothing-  a(  all  of 


expenditures,  a  very  largo  portion  of  this    ,£1000  a  year  was   "  takoi 


m 

ruil 
P 


m 


w 


■■:■}  ■ 


fflP^ 


r^  I 


4: 


H 


.|i 


i    III! 


i|!;!: 


IP 


h  \ 


I 
si 
,i 

!  i; 


1i 


J,' 


ill 


84 


TRIAL   FOR   LIBEL. 


from  the  pockets  of  those  wlio  ought  never  to  have  paid  it."  In  1828, 
when  th(^  hist  census  was  taken,  th(;  jmpiilalion  of  the  Peninsula  of  Hal- 
ifax was  1  1,430  souls;  while  iu  the  other  settlements  within  the  district 
over  which  ])oor  and  county  rates  should  be  levied,  there  were  10,137. 
There  were  in  Halifax  at  that  time  1,G00  houses,  and  dividing  the  popu- 
lation outside  the  Peninsula  by  7,  there  were  probably  1,400  or  1,500  in 
the  rest  of  the  district.  Now  it  appears,  that  instead  of  the  rates  being 
laid,  as  they  are  in  all  the  other  counties,  fairly  over  the  whole,  they 
have  in  fact  been  almost  exclusively  paid  by  the  inhabitants  of  the  Pen- 
insula, and  those  living  on  the  main  road,  this  side  of  Sackville  bridge. 
Or  if  they  have  been  paid  by  the  out  settlements,  what  has  become  of 
the  money  ?  The  only  sums  which  appear  on  the  County  Treasurer's 
book  to  the  credit  of  the  out  settlements,  between  1820  and  1825,  is 
£13G  12s.  10^/.,  while  since  that  period  nothing  appears  to  have  been 
paid.  In  1820,  Preston  paid  £0  Gd. ;  since  then  we  find  no  trace  of 
Preston.  If  this  township  ought  by  law  to  pay  nothing,  Avhy  was  this  £9 
taken  ?  If  it  should  pay  annually,  why  has  it  not  ?  or  'f  it  has,  what  has 
become  of  the  money?  In  1821,  Chizetcook  paid  £3  12s.  8d.,  and  since 
then  we  find  no  trace  of  Chizetcook.  Margaret's  Bay,  which  is  a  popu- 
lous and  thriving  settlement,  with  a  population  of  783  in  1828,  owning 
COO  head  of  horned  cattle,  appears  to  have  made  two  payments  only, 
£13  in  1821  and  £7  lOd.,  in  1824.  It  may  be  said  that  the  ditficulty 
of  colh'cting  taxes  from  these  remote  places  is  so  great,  that  it  is  best  to 
let  them  escape.  But  are  the  dilficulties  greater  than  in  Antigonish,  St. 
Mary's,  or  any  other  country  district  where  they  are  promptly  i)aid?  If 
the  general  impression  is  that  Halifax,  being  so  rich  and  populous, 
ought  to  bear  all  the  taxes,  and  the  sessions  have  acted  on  that  princi- 
ple, wliy  thou  we  must  only  conclude  that  those  who  hold  a  contrary 
opinion,  are  under  a  mistake ;  they  must  then  show  us  why  they  took 
the  sums  I  have  named,  and  if  they  took  any  more,  why  they  were  not 
paid  to  the  County  Treasurer.  It  is  barely  possible  that  all  the  taxes 
have  been  regularly  raised  and  credited,  but  if  we  make  mistakes,  the 
justices  have  themselves  to  blame.  They  keep  their  accounts  in  such  a 
manner,  that  no  human  being  can  unravel  them.  The  grand  jury  of  this 
year  found  it  impossible ;  that  on  which  I  served,  spent  three  weeks  in 
a  vain  attempt,  although  we  had  the  assistance  of  some  of  the  magis- 
trates, who  could  not  explain  their  own.  And  although  iu  the  neighbor- 
ing provinces  regular  exhibitions  of  receipts  and  expenditures  are  pre- 
pared and  published  at  stated  periods,  the  municipal  accounts  of  Hal- 
ifax ai-e  involved  in  mystery,  and  thrust  as  little  as  possible  before  the 
public  eye. 


I 


I 


•I 


*-!it 


CI  i 
■ill* 


hagis- 

libor- 

pre- 

lllal- 

the 


TRIAL   FOR  LIBEL. 


35 


The  townsliip  of  Mosquodoboit  contiiincd  in  1828  a  population  of 
1,312,  owning  3,900  acres  of  cleared  land,  rich  in  cattle  and  pi-oduce,  and 
having,  I  bolive,  but  a  single  pauper  from  one  end  of  it  to  the  other,  and 
yet  ]Mu.-qiiodoboit  never  paid  one  sixpence  of  the  county  rate ;  Avhilc 
Sewiacke,  which  it  adjoins,  and  that  resembles  it  in  every  respect,  has,  I 
doubt  not,  paid  every  year  its  proportion  to  the  sessions  of  Colchester. 
Perhaps  sums  may  have  been  paid,  besides  those  I  have  named — they 
may  have  gone  into  the  hands  of  those  to  whom  the  county  was  indebted, 
who  gave  credit  accordingly,  b'Ut.  no  traces  of  such  transactions  appear. 
And  let  it  not  be  said  that  the  magistrates  arc  not  to  blame  in  these  mat- 
ters ;  was  it  not  their  duty  to  have  enforced  a  system  of  regularity, 
simplicity  and  fairness,  throughout  the  district  —  and  have  they  done  it? 
I  believe  about  four  years  ago,  when  the  grand  jury  refused  to  assess 
any  more,  and  Avhcn  they  were  goaded  in  the  newspapers,  they  did 
ask  the  assembly  tor  a  new  assessment  act,  but  they  always  had  law 
enough  if  they  had  chosen  to  do  their  duty.  Had  they  evinced  the 
same  ardent  zeal  for  removing  abuses,  that  they  have  shown  for  crimi- 
nal prosecutions,  there  would  have  been  no  ground  of  conij)laint.  Grand 
jury  after  grand  jury  com})lained  of  these  matters  in  vain,  except  to 
disturb  the  serenity  of  their  worships  ;  but  the  moment  they  found  a  letter 
that  inight  be  construed  into  a  libel,  then  they  said,  Now  we  will  attack 
the  printer  of  The  Nova  Scotian ;  we  will  bring  the  action  by  indict- 
ment ;  he  cannot  call  a  witness ;  the  law  will  find  him  guilty ;  grand 
juries  will  thus  be  answered,  and  the  community  will  say  that  we  are 
immaculate,  and  that  there  is  nothing  wrong.  But  they  will  take 
another  view  of  the  matter,  by  and  by,  when  we  get  into  the  core  of  it. 

Besides  those  I  have  mentioned,  there  are  thirty  or  forty  other  settle- 
ments that  ought  to  have  paid  —  or,  if  they  have,  ought  to  have  got 
credit ;  but  since  1825,  none  is  given  on  the  books  of  the  County  Treas- 
urer. Now  you  will  perceive,  that  even  supposing  that  upon  the 
Peninsula  the  rates  were  fairly  laid,  promptly  collected,  and  equitably 
disposed  of,  inasnmch  as  all  the  rest  of  the  district  has  been  allowed  to 
escape,  or  to  pay  small  sums  within  a  long  series  of  years,  an  immense 
amount  must,  as  this  writer  declares,  have  been  '•  taken  from  the  pockets 
of  those  who  ought  never  to  have  paid  it ; "  and  that  against  the  neglect 
and  imbecility  of  the  magistracy,  this  sum  must  be  charged  by  the 
people  0^  Halifax,  whose  taxes  have  been  increased  to  make  up  the 
deficiency.  The  lasi  grand  jury  took  up  this  view  of  it,  where  they 
say  "  that  they  must  bring  betbrc  the  notice  of  the  worshipful  court,  that 
the  present  mode  of  collecting  taxes  is  partial  and  unjust,  the  whole  bur- 
then of  the  municipal  expenses  having  to  be  borne  by  a  })art  of  the 


m 


lii';.. 


'H' 


^ 


s  ■■■*  .  ■ 
(■;''■ 


'm 


t 


86 


TRIAL   FOR   LIBEL. 


1  jitti 

m 


^b 


community,  instead  of  bcin;:^  oqiiiilly  divided  amnnj^st  the  whole,  and 
and  that  tliis  evil  is  entirely  (•aiis<'d  cilhcr  Ity  the  incfricicney  or  iici^lect 
of  the  anlliority  into  whose  hands  the  power  of  eoUeelion  lias  l)een 
vested."  Yon  will  bear  in  mind,  that  I  have  had  to  jjrepare  this  dcfenco 
from  sueli  information  as  was  pnblie  and  notorious, —  I  eonld  not  of 
course  apply  to  their  worships  for  any,  as  punishment,  not  trnlh,  appeared 
to  be  their  objcef,  —  but  if  my  own  experiene(;  does  not  deceive  me,  free 
access  to  their  books  and  accounts  woidd  not  liave  helped  me  much,  for 
the  grand  jury  in  deploring  the  utter  impossibility  of  coming  at  facts 
declares,  "  that  the  treasurer  will  refer  to  the  collector,  the  collector  to 
the  magistrate,  the  magistrate  to  the  clerk,  and  the  clerk  back  again  to 
the  ti-easurer,  and  so  on  in  a  circh;  without  end."  1  must  not  say  that  one 
part  of  the  charge  is  now  proved,  but  I  may  say  that  these  impressions 
were  on  my  mind,  when  I  published  the  alleged  libed.  And  how  could  I 
have  refused  its  publication,  having  these  impressions  ?  The  writer  of 
the  letter  never  dreamt  of  prosecution  following  it ;  it  is  evident  from 
both  his  letters  that  he  only  desired  inquiry  and  reformation ;  for  he 
challenges  any  of  the  magistrates  to  come  forward  and  explain  these 
matters,  which  were,  in  his  view,  operating  unjustly,  and  exciting  dis- 
content in  the  community  over  which  they  were  placed. 

Uut  allowing  that  the  assessments  ought  to  have  been  laid  on  the  Pen- 
insula alone,  without  any  reference  to  the  out  settlements  at  all,  it  was 
and  is  evident  to  me,  that  corruption,  mismanagement,  and  gross  injus- 
tice existed  to  a  considerable  degree,  even  within  this  limited  extent. 
For  very  many  years  there  were  in  the  town  of  Halifax  two  classes 
•who  were  called  upon  for  assessments ;  one  which  regularly  paid,  the 
other,  far  wiser,  who  never  paid  at  all  if  they  could  possibly  help  it. 
Let  us  suppose,  gentlemen,  that  six  of  you  were  of  the  former  class, 
and  thought  when  a  rate  was  laid,  it  was  as  well  to  pay  and  have  done 
with  it ;  that  the  other  six  thought  it  would  be  as  well  not  to  pay  until 
they  were  forced ;  that  some  of  these  were  magistrates  and  their  func- 
tionaries, or  the  friends  or  creditors  of  the  oflicial  folks  about  the  brick 
building  (who  were  always  in  debt)  and  who  could  not  or  would  not  be 
pressed  until  it  was  impossible  to  avoid  it.  Let  us  suppose  that  a  rate 
was  laid  in  1820,  and  that  within  that  year  the  first  six  paid,  and  the 
second  did  not ;  of  course  there  was  a  deficiency,  and  the  prompt  payers 
had  an  additional  sum  laid  on  their  shoulders  the  next  year,  to  make  it 
up.  So  it  went  on  year  after  year.  Those  who  did  not  pay,  like 
shrewd  calculators,  knew  that  at  all  hazards  they  would  save  the  inter- 
est, even  if  they  were  ultimately  compelled  to  pay  the  principal  — 
while  their  neighbors,  in  the  mean  time,  were  compelled  to  pay  principal 
and  interest. 


H 


ii. 


1 


TRIAL   FOn  LIRKL. 


37 


■\VitIiont  tlio  books  bcforo  mo,  niid  rcrcrciico  to  ficruro-!,  it  would  l)c  itn- 
po^siltlo  to  s!iy  Avliat  sums  hiivc  hccn  tliiis  liy  this  system  "  tiikfu  iVoni 
tli(!  pockets  of  tliosc  who  oujjht  never  to  hav(>  paiil  tliem,"  but  I  elial- 
h'liire  my  prosoeutors  to  come  I'orward  wiih  their  l)ooks  and  aecoimis  tor 
tlie  perioil  ineiilioned  ill  tlie  lettei\  and  if  tliey  do,  T  pledj^e  myselt' 
to  ,-li(iw  them,  witlioiit  refereiiee  to  expenditures  r.t  all,  lliat  in  raisinir 
the  taxes  for  the  Di-trict,  ltposs  iiijnslioe  lias  been  done,  to  the  fall 
aniomit  of  flOOO  a  year.  This  sy.-tem  was  eontiinii'(l  liy  llie  se>sious 
luitil  the  trrand  jury  made  a  stand  —  refnsotl  to  assess  —  ami  insistetl  on 
the  arrears  Ijeinj^  collected.  IWit  no  attempt  at  relbnnatiou  was  made 
I)V  the  r-essions  ;  none  wonld  have  been  made  bat  for  ihis  resislancc. 
I  do  not  blame  the  corrnption  of  this  system  npon  all  the  ma^dsl rates, 
biM  they  left  it  in  the  bands  of  tho-o  who  made  it  suit  their  own  <Mids, 
and  theretbre  the  lo-ses  of  th(!  community  are  faii'ly  cliarifcabh;  on  their 
noirlect.  A  member  of  council,  when  asked  why  bis  taxes  were  not 
paid,  explained  that  the  ollicer  in  char^'e  owed  him  interest  monies,  and 
on,iiht  to  have  paid  them,  as  bo  was  desired.  I  know  a  person  who  had 
.'i  demand  of  X'2')  or  1'.'50  ajrainst  the  same  jiarly,  and  who,  linding 
great  ditllcnlty  in  getting  it,  at  last  bit  on  the  expedient  of  drawing 
orders  upon  bim,  for  the  amount  of  bis  taxes.  Every  year,  as  tbo  col- 
lector came  round,  an  onler  was  given  and  ])laced  to  lh(>  credit  of  the 
ollicer;  but  whether  the  oilicer  ever  paid  the  amount  to  the  county  or 
not,  would,  I  believe,  puzzle  fis  all  to  discover.  Charity  would  fain 
induce  us  to  believe  that  he  did;  but  oh!  bow  I  should  like  to  see  the 
books.  j\ry  occupation  is  sedentary;  I  have  not  the  same  oj)|)ortuni- 
tles  for  discovering  the  delinquencies  of  these  parties  that  others  have  ; 
but  here  is  one  glaring  fact,  that  T  give  trom  my  own  knowledge  ;  as  an 
illustration  of  the  system.  JNIany  others  are  said  to  exist ;  and  if  they 
do,  nay,  if   the  state  of  things  has  been  such  as  to  arouse  suspicion, 


] 


was  J  wrons  in  nisi 


rtinur  a  letter  which  was  intended,  if  not  to  produce 


reformation,  at  all  events  to  elicit  the  truth. 


What  liives  force  to  these 


^usi 


)icions,  and  encourages  the  ln-lief  that 


favoritism  and  fraud  hav(;  been  more  general  than  the  public,  can  con- 
ceive, is  the  extraordinary  story  they  tell  of  some  of  the  ass(\ssment 
books  having  been  stoh'U.  What  would  be  thought  of  a  merchant  who 
should  tell  such  a  tab",  to  his  creditors?  Ijiit  it  may  stand  (hem  in  siead 
in  more  ways  than  one,  because  they  may  now  say  AVe  are  prevented 
from  answering  these  charges  by  the  loss  of  our  books.  Is  it  likidy  that 
any  thief  would  lie  such  a  fool  as  to  run  oil'  Avith  tliese  old  voiuntt's? 


Jiev  were  uk 


leed 


curious  documen 


its:  but  I  doubt  if  any  man  but  an 
ar.ti(piary  would  steal  them.     Though  within  two  or  tliree  years  the  sys- 


1  ,» 


WA 


UP' 
li  r 


m 


M  H! 


38 


TRIAL    rOR  LIIIKL. 


trill  liiis  l)('cii  somowliMt  iiiiprovctl,;iii(I  iiiMiiy  of  llicold  arrrurs  colk'ctt'tl, 
u  rc'iiiiiaiit  of  fiivoritisiii  ami  (■(•rniptioii  still  cliiiirs  aroiiiitl  it  ;  ami  a  poor 
man  iiiliji-incd  iiif  l)iit  a  liw  days  a;j;(),  that  wiitii  lie  went  Itdure  the 
Comiiiiltci.'  of  iMa^fistralcs  to  a|t|)cal  from  Ids  asscs-iiiciit  oi"  IS."!  I,  tlirro 
was  one  oC  tlioir  woisliips  apix-alin;,'  i'or  J(S;i;j,  Surely  llie,>e  lliiii;^s  are 
not  fair,  and  if  tliey  arc  not,  oii<rlit  their  worships,  until  they  eoidd  show 
that   iiolhiiiL;  was  wmii;^,  have  come  into  the  court  to  punish  a  man  for 


men 


ly  •! 


oin<r  Ins  (111 


ty 


111  his  first  K'tler,  the  writer  of  this  siipjiosed  lihel  shows  that   it   has 


been  ascertained  hy  an  actual  and  very  low  valualion  ol  the  pro|)erty  on 
tlie  Peninsula  alone,  that  it  is  worth  Xl,2()(\.V.)(\  and  that  at  the  rate  of 
70a-.  per  £1000,  which  was  the  riih;  in  IHoi,  this  would  yichl  I'l'jOO. 
And  yet,  with  all  this  jiroporty,  even  within  the  narrow  limits  to  which 
tho  sessions  appear  to  ha\  e  eonliiied  their  assessments,  liow  does  it  liaii- 
pen  that  when  only  X'700  or  1"SOO  has  Ijcen  reciuired,  individuals  have 
been  called  on  tor  sums  so  lar!j;e?  jMy  own  rate  last  year  was  about  i.'l, 
and  1  know  one  individual  who  paid  the  twenty-fifth  |)art  of  tlie  whole  as- 
sessment. Indeed  so  uneipial,  arbitrary,  and  oppressive  have  iliese  taxes 
been,  that  there  is  scarcely  a  man  in  the  town  who  has  not  at  some  time 
or  other  h:id  to  appeal  against  them  ;  and  the  time  lost  to  the  commu- 
nity liy  these  appeals  would  defy  all  calculation.  Only  observe  what  is 
said  of  the  system  by  one  of  the  justices,  in  a  communication  made  by 
him,  in  answer  to  a  ciirular  issued  by  a  committee  of  His  Majesty's 
council.  After  laying  the  blame  on  the  grand  juries,  for  naming  im- 
proper persons  as  assessors,  he  says:  "From  thence  come  assessments 
of  all  things  the  most  erroneous.  One  set  of  assessors  will  tax  the 
owners  of  the  whole  property,  another  will  i)ut  a  i)art  upon  the  tenants  ; 
one  will  value  an  estate  at  XoOOO,  another  at  £.")00.  One  man  one  year 
will  be  taxed  £o,  and  the  next  perhaps  £oO ;  from  whence  come  end- 
less and  everlasting  a])i>eals." 

If  this  be  true,  it  is  in  vain  to  charge  it  upon  grand  juries  who  arc  an 
annual  body,  whose  com[)laints  were  laughed  at,  antl  to  whom  the  infor- 
mation necessary  te  guide  them  was  continually  denied.  And  even 
allowing  that  Jio  corruption  existed,  what  a  load  of  iiii(|uities  their  neg- 
lect attaches  to  the  men  who  tolerated  and  upheld  such  a  system.  In- 
stead of  going  to  the  Governor  to  ensure  my  prosecution,  they  oiiglit  to 
have  gone  to  him  ten  years  ago,  and  besieged  his  gate  with  clamor  and 
remonstrance,  until  he  lent  his  iiilluiMice  to  the  introduction  and  passage 
of  laws  for  the  reformation  of  these  abuses;  or  until  he  strengthened 
their  hands  to  enibrce  th(>  law  they  had.  liiit  they  suHered  the  poor  to 
be  ground,  and  the  rich  to  be  robbed,  by  those  exactions,  and  considered 


4 


^Il 


)ear 
cnd- 


In- 

|it  to 

jiikI 

hage 

Ir  (o 
fvcd 


TRIAL   von   T,1I1F,L. 


39 


I 


it  n-  iiotliin^;  fli<\v  ivvi'i'  iinpMiU'lK'il  a  jury  to  try  if  iiijiHlicc  Imd  Iicct) 
(Idiir;  iIm'V  never  ex  cm  eaiiie  t'nrwanl  t<»  (ell  tlie  coiummiily  tliat  a  lieiler 
svsti'lll  llill.-l  l>e  devised.  In  tlie-e  eliarL'es  of  negieel,  I  inehl<le  nil  tlie 
tna'ji-^trates.  Tli"  law  niake<  a  jnolver-on  a(  a  I'eldiiy  a  partieipatoi-  in 
the  eiinie.  Tlie-^e  men  lodked  on  lln'  year.-;tliey  did  not  ail\i-e  tiir  jieo- 
|ile  op  tlie  [.'■overnnient.  nor  take  any  -tep  to  produce  a  rerorni.  till  driven 
to  it  l)v  tlie  reliisal  ol'  urrand  jnries  any  lonirer  to  asses-. 

La-t  year  I  reeei\cd  a  -nninions  calling  on  ine  to  pay  my  poor  and 
ronntv  rate>;.  amoimting  to  aliont.l'l.  I  attended  accordingly,  wliei'e  I 
saw  a  magistrate,  the  clerk,  and  the  collector.  >ni'i'onnded  hy  vevei'al 
poor  wrelchi's  wh(.  had  heen  hroii'^hl  thei'e  on  the  same  ei'rand  ;  and 
was  acco-led  with.  "(>hl  we  snppixe  ymi  have  a  check  on  the  county, 
and  that  is  the  reason  yon  Iiave  not  paiil."  I  answereik  "\o,  thaidv 
lieav<'n,  I  have  n(»  check  on  the  connly  ;  Imt  when  on  the  gi'and  jniy  I 
obsorvpd  that  there  were,  two  elass(\s  ;  one  wlio  did,  and  one  who  did  not 
pav,  and  having  been  for  six  years  among  the  former,  I  wanlecl  if  pos- 
sible to  get  a  hertli  among  thi'  latter." 

Wi'  may  smile  at  thes(^  matters,  hnl  they  are  melanclioly  illnstrations. 
Poor  wretches  are  (b'aga:cd  down  to  their  wor-hips  for  non-payment, 
while  they  see  their  rich  neig]d)ors  not  paying  at  all,  or  not  paying  a  fiiir 
|iroportion.  If  these  men  had  doiw  their  dnty,  things  wonld  not  he  in 
the  state  in  which  tliey  are;  the  comnnniity  wonid  not  lu'  thns  excited; 
lime  would  not  l)e  wa-^teil  with  '' endless  appeals;"  the  i)oor  would  not 
be  taxed  with  summonses  and  suits,  the  Legiskature  woidd  not  Jiave 
been  tormented  with  investigations,  or  His  ^Tajesty's  Council  vainly  em- 
ployed in  nnrav(dling  tlie  maze;  nor  woukl  tin;  Ciovernor,  the  moment 
iie  touched  oiir  shoi-e-,  have  been  calleil  to  examine  a  system  that  might 
take  its  place  in  the  black  book,  among  the  "  robberies  of  charilablo 
foundations."  and  informed  that  an  Ang<'an  Sta.ble  here  awaited  his  pu  'i- 
fying  exertions. 

The  sani(>  system  of  inequality  and  injustieo,  yon  Avill  ])ereeive.  jier- 
vades  all  the  faxes.  Jf  a  new  building  is  to  be  raised,  or  if  rejtairs  are 
necessary,  and  more  taxes  arc^  re(iuire(l,  the  more  money  wanted,  the 
more  grievous  and  opjiressive  it  l)ecom(.'s.  The  fire  taxes  ar(>  raised 
after  a  similar  fashion,  l)ut  what  becomes  of  them  ?  Hitherto,  you  will 
bear  in  mind,  th:it  I  have  not  said  one  word  about  expenditur(\s ;  all  the 
evils  I  have  depicted  attend  the  eolleetion  of  the  taxes.  And  in  coming 
to  the  expenditures,!  oidy  regret  that  T  am  not  permitted  to  ])ut  a  single 
■witness  in  the  box,  as  I  am  satisfied  that  that  one,  were  she  to  tell  you  how 
this  system  has  ground  into  her  soul,  would  be  snfTlcient  to  secui-e  me. 
your  verdict.     Fire  taxes,  for  the  remuneration  of  parties  who>e  prop- 


.1    I 
hi' 


•MM 


I 


40 


TIJIAL   FOR   LIUKL 


crty  is  ptillid  down  lo  stup  a  roii(Ia;,'rMlli>M,  iirc  laid  a-i  you  an-  aware,  on 
real  fsialc,  wliicli  caiiiKit  <■-(  apf.  Tln'  (iwncr  may  run  away,  lait  ihorc 
the  iiMU-c  >laiid->,all-.-iilIi('ii'iil  I'oi'  (li<- aaioaat;  yd  in  ninncinii.-i  in:^lan(>c','<, 
al'lfi'  a  r;it('  lias  liccii  laid  (Hi,  .•iiul  nioiny  awarded,  years  Iiavo  (dap.-oil 
bclort'  tiie  siiU'ei'er-  received  il,  and  lliereare  a  doxeii  pcivoiis  liavin;^i'laIin.«J 
unsali>lied  lliat  liave  l)i;en  .ilandiai,'  i'nini  live  to  lilbMii  year-.  A  Imuso 
uei()M;:ia;j;  lo  .Miss  Ilo^'ji  was  pidlrddownat  tlie  lirewliieli  oeein'red  alioiit 


i 


om- 


ears  auo. 


Slie  was  awarded  I'l'Od.     At  lliu  end  (jf  twelve   niontlis 


>lie  received  .iliniii  i,":.'(i;  ,-lie  >ulise((aently  ;:()l  thre(!  oilier  payaiciii-,  llie 
wliole  aMioiiiilin;::  to  t'l*','),  ayeai'  lia- elap.-eil  .-.ince  .-lie  received  a  vi\p(.'iice; 
and  ill  ilie  aa'an  tiaie.ihe  town  owiii;:;  her  l'i)7,  winch  she  could  not  get, 


di 


dh 


.sill'  was  sued  lla-  t'l   l(lN,lier  poor  and  coiinly  rales,  and  here  i-,  the  cou- 
stahle's  receipt  lia*  the  ,>uni,  with  seven  shillings  exjionses. 

'J'he-e  tilings  e\i,-l,  and  yet  a  dozen  men,  whose  names  appear  in  iho 
almanac  as  ju.-lices  ol'  the  jieaee,  ha\e  come  iiere  to  pro\  e  me  a  rebel, 
because  I  gave  nltei'aiict;  to  ilie  complaints  which  such  grievances  (dicit. 
Would  any  of  you  gentlemen  so  manage  yiair  [)rivate  concerns? 
"Would  you,  while  you  owi'd  a  woman  l''.)7,  which  you  refused  to  pay, 
caus(!  her  to  ho  arrested  lor  a  d(  ht  of  i.'2  ?  Oilier  similar  cases  might 
he  meiilioued;  ^Irs.  McDoiialil,  who  !>  hiiown  to  mosi  of  yon,  has  iie\i'r 
been  paitl  in  full.  ]Miss  GrahamV  property  was  i)ulled  down  some  fif- 
teen years  ago,  and  of  the  sum  awardeu  her,  i')0  remains  due  to  thid 
hour,  rortmiately  for  her  a  respi'clahic  mechanic  engaged  to  reiialr 
her  p.rojxrly  for  her  .-hare  of  the  assessment;  he  is  therel'ori!  yet 
minus  ilic  I'oi);  he  ha- ilunned  their  worshi[)s  and  their  oflteers  time  after 
time  lo  no  pur[)ose,  and  has  repeatedly  olfered  to  collect  the  money  him- 
self, l»ul  lliey  would  not  allow  him  to  do  even  this.  Il  is  ]io-.-iI)le  that 
the  tax  could  not  he  colleeled,  hut  it  is  most  extraordinary  ilia!  it  should 
bo  so,  when  laid  on  real  eslali'.  Why  not  allow  the  man  to  collect  his 
own  money?  Did  they  di.-like  th.:t  he  shoulil  see  the  list  of  defaulters, 
or  has  the  money  lieeii  colleeled  and  iiolpaid?  Does  the  balance  Ibrni 
an  ilem  in  ihe.-e  inexplicable  aceoinils?  The-e  (piestions  ai'c  daily 
asked  by  the  .-ullen'r.-,  and  reiterated  by  the  community,  and  I  he  lactd 
out  of  which  they  ari,-e  Jnslily  ''".•  su-[)icion  that  there  is  •"  .-onielhing 
rotten  in  the  stale  of  Denmark."'  Their  wor.-hips  blame  the  pre.-s  ibr 
publishing  strictures  on  their  conduct,  but  as  an  excuse  for  it  I  may 
mention,  that  almo.-t  tla;  <aily  person  I  kiu)w  who  has  got  paid  in  full, 
Avas  ^Ir.  George  Ander.-on.  llim  they  kept  out  of  his  money  for  three 
years,  and  he  only  got  il  afler  he  had  attacked  them  in  the  news[)ai)ors  ; 
while  I  mention  this  inslaiice  of  the  [xiwer  of  the  press,  I  may  congrat- 
ulate him  on  his  experience  of  its  histrumentalily. 


1 

1 


ii  :l,i 


TIMAT-    FOR    I.inEI,. 


41 


I 


i 


Ill   ■ 
V 

]*. 


niiglit 

lU'Ncr 

ic   llf- 

i>  tliid 

'pail' 

yea 

il'lcr 

Iiim- 

iliat 

(iiilj 

t  Iiis 

lltTS, 
lul'lll 

ally 

H'ai'td 

liiiig 

lor 

liiay 

I'll  I!, 
Iirec 
li\s  ; 
li'at- 


TIioso  cliiirpfN  nfCvi't  tin'  wlmlc  Imily  ••!'  my  iicrscrnifors  —  tln-y  must 
sliiirt'  tlic  Miimc  iimimir  lluiii.  Uiit  as  flny  hit  allrilnilMlilt'  imiIht  to 
•Td-s  ii("_Hrct  ami  ciiliialilc  iiiili'i-ility,  llian  to  imliviiliial  (•((rriiptioii,  I 
iillcf  llicm  with  It-s  rc;:n't  lliaii  I  >liall  soiiii'  others  wliicli  mii>t  ili  r|»ly 
aHirt  the  rrpiitatioii  of  cfrlaiii  parties.  This  is  to  me  a  painful  ta-^k, 
liul  I  -hall  not  shrink  from  il.  I  have  l)eeiMli'a,i;,!j;e"l  from  my  home  and 
arrai.;^ne(l  hel'tre  you  as  a  ei'itninai,  ami  I  nni-l  enter  into  ihe-e  matters 
in  order  to  eonvinee  you  that  I  am  not  (piite  so  iinilty  as  some  u(»nld 
wish  vnii  to  heiieve.  So  far  as  wi;  have  i^'one,  I  think  I  have  sliowM  that 
the  wiioie  mnnieipal  sy-tem  is  so  had  that  it  can  hardly  he  wor.-e.  and 
ihut  we  n<'ed  -rareely  ;:ii  furl  her,  to  sali~ly  onr-eives  tlial  the  litrnre-;  liiis 
writer  lias  n-ed  are  innocent  enoiiirli. 

J5nt  tliere  is  one  of  ihi'  eslaldi-inMents  lUKh'r  the  eoiitnd  of  tlieir  wor- 
ships, which  iia<  loni:  heei;  and  still  i^  a  disirrace  to  the  I'rovince.  If 
yon  fmd  me  ^rnilly  to-day,  send  me  to  jail  if  yon  will  —  put.  me  in  tlio 
safo  keepin;;  of  the  Shei'ilf,  hut  do  not  send  me  to  thi-^  estiihlishment  ; 
pave  nn',  aliove  all  ihiiiL:-.  from  r.ridewell.  Dnrinif  the  la>t  year,  tlie 
grand  jury  >cnl  a  committee  to  examine  it,  and  their  report  was  handed 
into  conrt  in  the  form  of  a  preseiitnu'iit,  and  is  as  follows:  — 

"The  committee  foinid  the  hnildinir  leaky,  and  the  heddin;^  insnU'ieient. 
Th(!  hiiildiiii;  usually  occupied  as  a  woodhouse,  in  the  yard  of  the  Uride- 
well,  used  hy  Mr.  W.  II.  Uoach.  the  actiniic  commissioner,  as  a  siaMe  for 
liis  horsr,  and  the  wood  |)iled  on;  in  the  yard.  The  matron  of  the  estal)- 
lishment,  IMrs.  O'lirieii,  and  the  keeper,  Mr.  O'lirien.  slated  to  the  com- 

t    for  the   use  of  the 


mitlee,  that   hari'cds  of  Hour  marked  snperline,  sen 

r>ridew(dl,  were   in   many  cases  c(»mposed  of  Hour  of  dilfi'rent   grade 


sometimes  mixed  up  with  corn  mea 


1.     T 


le  only  case   m  winch  a  oarre 


of  flour  was  weighed,  it  was  foimd  sixteen  ]ionnds  short.  'J'hat  a  man 
by  the  name  of  I*.  ^Valsh,  employecl  as  an  under  keejx'r,  pays  no  respect 
to  the  keepei',  and  iioes   and   comes  when    he   ])leases.     Was   ahsent  on 


W 


einiesdav  near 


ly  11 


le  wliole  ila 


}'• 


aiK 


I  wl 


len  111'  returned  in  the  cveniiitT. 


o' 


inlbrmed  the  keeper  that  he  had  inspected  one  hundred  and  ninety-six 
barrels  of  flour  on  lUack's  wharf.  That  .lolin  (.'ain,  a  prisoner,  was 
often  employed  by  IMr.  Koach.  'J'hat  .lohn  (iilmore,  a  shoemaker,  was 
friMpiently  employed  hy  IMr.  Koaeh,  in  makim;;  hoots  and  shoes  for  his 
family,  and  in  one  ease,  l()r  C"a])tain  Collin,  out  of  IMr.  Roach's  leather. 
That  I).  Hellernan  was  frequently  em|)loyed  exclusively  by  IMr.  Koach, 
and  thai  onl  of  four  wine  pipes,  w  Inch  were  charged  in  i\rr.  Roach's  account, 
a  bathing  machine  and  buckets  were  made  for  IMr.  Roach's  family." 

It  may  a])|)ear  strange  to  you,  gentlemen,  thai   when  I  found  thai  live 
magistrates  had  been  drawn  U[)on  the  i)anel,  I  did  not  strike   them   oif; 
4* 


;'  '. 


IH'- 


•+i 


I 


m 


42 


TRIAi.    FOR   LlIiEL. 


liiit  T  rrcoUcctcd  tliat  .-oiiu^  of  ilic^c  men  liml  i'oi'incil  a  oommiltoo  of  in- 


I  II i    ,'l 


(iuii'v  Id  iiiv('>ti'_'alc 


ic-c   cliai'iri's 


ai:aiii-t   i\li'.  Roacli,  and  a-^   tlicv  liad 


a('(|nilt('d  him  npon  llic  cvidcnct!  wliicli  I  .-liall  prcst'iitly  |ila('(!  before 
yon,  1  natnrally  concludtMl  lliat  if  tlicy  were  so  easily  satisfied,  and  so 
ready  to  ac(|nit  per.-ons  eliarijjed,  (hat  even  if  I  made,  like  the  eommis- 
t  all,  I   shonlil   he  eiTlain  of  their   vefdiet.      I    trust, 


sioner,  no  delenci!  a 


however,  thai  I  shall  he  ahle    to   make    out    a   sti-onser  oa-e    thi 


m 


.Ml 


Koacli.  The  eoiinniltee  of  magistrates  a|i|)oiiited  (o  try  him,  had,  as  1 
am  inliirmed,  I  lie  keeiier  of  llriilewell  and  his  mother  for  some  hours  in 
llie  l)riek  ItuildinLS  imder^oinL,'  a  lon^i;  examination,  which  did  nol  seem 


ireeted  so  mneh  to  elicit  the  trnlli,  a-  to  whitewash  Mi".  Roach 


moiu 


till'  o'.iier  allidavits  taken,  was  thai  of  Mv.  JJoach  himself,  who  swears 
"tliat  he  did  use  the  woodhou-e  lemiioiarily  for  his  horse;  llial  the  coal 
Avus  kejiL  ill  the  Moodhouse,  and  thai  there  was  also  room  ibr  the  wood, 
■without  iiilerferiiii>-  with  the  horse  in  ihe  woodhouse."  Allhoujxh  the 
keeper,  on  his  oath,  declares '•  tiial  the  woodhouse  would  not  hold  the 
coal,  wo(m1,  and  horse."  3Ir.  Roach  kindly  informs  us  ••  that  he  l()uiid  the 
]irovender  at  his  own  expense  I"  (Jeiierons  man  !  so  he  did.  liut  il  is  a 
pity  he  li;id  not  I'ouikI  a  place  to  [iiil  it  in,  for  J  understand  that  the  watcli- 
liouse  was  so  crammed  with  hay  ami  straw,  that  the  i:oor  walv  hman  had 
scarcely  room  to  move. 

The  keeper  admits  that  /tc  did  not  see  any  mixed  Hour,  hut  his  mother 
positividy  swears,  that  '"her  .•ilteiilioii  was  called  to  a  barrel  of  Hour 
which  had  Indian  meal  in  il.  The  Ijaker  and  her  weighed  oni;  harrel, 
which  was  sixteen  ]ioiinds  short,  and  was  comiiosed  of  diil'erem  kinds  of 
flour.  The  two  barrels  now  on  hand  were  sour."  I  have  bci'ii  assured 
by  ireiillemen  pre-eiit.  that  the  chaip's  of  the  committee  were  nol  tliimded 
on  st;,,ements  voliinlcered  by  llie.-(.'  people,  liut  wrung  out  in  answer  to 
(pieslious  |)ut  lo  them  by  memliers  of  the  grand  jury  ;  and  here  the  wo- 
man has  prov(  d  the  Iriilh  of  every  v.oimI  >he  told  them,  by  her  allidavit 
made  before  their  worslii|)s.  There  is  a  curious  admission,  however, 
which,  in  answer  to  some  leading  (jue>[ioii,  ingeniously  wordeil,  I\Irs. 
0"!>rieM  is  got  lo  make  —  that  the  '•  lloiir  and  meal  might  ha\('  got  mixed, 
becaii.-c  they  >lood  in  the  same  room;"  ;'.nd  she  is  also  made  to  say 
that  >lie '•  had  .-cell  mixed  (lour  "  bel'.'re  ^he  went  into  Uridewell.  J}ut 
ill  the  face  of  (his  woman's  allidavil,  see  what  iMr.  Roach  himself  swears 
to.  In  the  leelhof  this  testimony  he  jiu.-iliv(dy  denies  that  any  of  the  flour 
furni-hed  was  ••  mixed,"  or  '•  short  of  weight,"  although  the  woman  who 
used  it,  and  who  weigheil  ii,(leclare>  thai  il  was.  How  could  he  know  .any 
thing  about  il  iinle-s  he  packed  il  him  -ell  ^  This  may  be  a  mailer  ol'  little 
eouse(iueiicc,  but  it  shows  that  a:i  oath  was  lightly  regarded.     Mv.  iioach 


TRIAL   FOR   LIBEL. 


•43 


ailniils  tliMt  '-lie  (lid  oinploy  Ciiiii,  liiit  lie  was  fed  at  liii?  liniiso.  lie  <li(l 
employ  ( Jilinorc  to  make  soiiii'  boots  ami  shoes  fur  liim-cli'  ami  raiuilv, 
ami  al<()  a  pair  of  lioots  Tor  liis  fricml  Captain  Collin  ;  ami  lor  tiic  tiim' 
lie  was  so  occupied,  il  was  liis  iiiteiitioii  to  have  coiniieii.-ated  the  county 
on  Iiis  retiriiijjf  from  the  charixe  of  IJridewell."  He  acknowlcdizcs  also, 
that  Ileirenian  made  a  small  oval  tub,  ami  some  birdcages  for  his  family. 
but  iheii  "he  found  the  materials." 

jMr.  David  Roach,  the  (le])Uty  inspector  of  (lour,  dejjoses  that  "he  ro- 
collects  Mv.  Roach  supplying  Ib'idewell  with  superfine  and  rye  Hour  ;  that 
Avilncss  delivered  mU  the  Hour;  that  it  was  always  good  and  t)f  full 
weight  ;  that  it  was  umiii.ved,  and  in.-pecleil  and  weighed  by  de[)oneiiI."" 
xS'ow,  which  do  you  believe,  this  deputy,  or  i\lrs.  O'lJrien  ?  who  tells  n.-, 
that  it  wa- mixed;  that  it  had  meal  in  it;  that  the  baker  and  her  found 
the  only  barnd  they  weighed  sixteen  pounds  short;  and  that  "the  two  bar- 
rels now  on  hand  are  sour."  Then  l()llows  a  little  piecii  of  apparently 
superfhious  information,  as  no  charge  on  that  head  had  been  madi',  "  that  it 
■was  Hour  purchased  and  kept  tor  sale;  thai  the  Hour  3lr.  Roai'h.  got  by 
liis  inspection  was  never  rei)acked  and  sent  to  Rridewell,  but  was  used  in 
the.  iamily."  Now  I  conld  jiut  a  witness  in  t'le  box  who  would  tell  you 
that  in  one  forenoon  that  he  attended  ^[r.  Roach,  he  drew  out  two  kegs 
full  of  llour  from  the  barrels  which  he  was  inspecting,  which  the  man 
carried  home,  so  that  if  the  family  eat  it  all,  as  {\ni  de[iuty  swears,  why 
then  —  tiiey  must  iiavc  very  good  appetites.  In  refereix'e  to  the  charge 
of  employing  "\Val.-h,  the  deputy  further  swears,  that  on  the  It'ilh,  being 
in  search  of  a,  person  to  help  him  wi'igli,  vJte.,  he  "met  AVal.-h  by  acci- 
dent," ami  got  him  to  go  witli  him  to  Dlack's  wharf,  where  he  v>-as  only 
(wo  hours  ;  thai  he  "'never  iiis[)ected  any,"  and  "  never  was  eiiqdoyed  at 
any  other  lime."  I  can  easily  understand  why  they  did  not  wi-li  it  to  go 
abroad;  that  this  man,  who  ac(|uircd  his  taste  for  flour  in  the  lii'idewell, 
where  it  was  all  sour,  and  his  knowledge;  oi"  weighing  where  tin;  liarrels 
were  sixteen  pounds  short,  was  ever  em[)loyed  to  insi)ect  and  weigh  ibr 
the  merchanls.  Ibit  passing  (his  by,  you  will  pc'ceivc  that  the  worthy 
conimi-sioiier  of  iW'idewell  has  shaken  him-elf  clear  of  im  material 
charge  made  in  thai  presentment  ;  the  nio-t  of  (hem  are  ailmilted,  (he 
others  only  denied  on  the  oaths  of  himself  and  deputy,  uiider  circum- 
s^(ances  (hat  render  it  impossible  (hat  they  should  bo  believed. 

Hut  tliei'e  was  another  ciiargi;  against  this  man  of  so  serious  a  imtnre, 
that  if  I  hail  been  a  member  of  the  ]Magis(erial  Committee.  1  woidd 
have  sal  ill  ses-ions  (ill  I  died,  unles>  he  i'nlly  clearcil  nj)  the  poini,  or 
was  driven  from  the  Commiv-ion.  in  the  account  sen!  in  to  the  gi-aiid 
jury  S'J  jier  liarrel  was  charged  lljr  llour  I'unii.-hed  to  the  Rridewell ;  as 


'■■> 

.1 

I  \ 

.1 


Jt 

H 


1:ii 


■n'-.l 


<  !■■• 


11 


m 


m^ 


■J" 


I    > 


44 


TRIAL   FOR   LIBEL. 


this  wfis  a  lilglior  price  than  would  probably  be  paid  by  his  Lordship  for 
the  best  he  eoiild  set  on  his  table,  the  grand  jnry  thonght  it  uas  rather 
too  expensive  tor  the  house  of  correction,  and  made  some  inqniries  of 
the  keeper,  in  whose  name  the  whole  account  of  £')o  10s.  was  made  ont. 
lie  said  he  knew  nothing  about  the  prices,  that  he  had  only  sup|)lied  £3 
or  £4  of  the  whole  amount,  but  that  Mr.  Roach  supplied  the  rest,  and 
handed  him  an  account  to  copy  and  render  in  his  own  name.  The 
grand  jury  therefore  returned  the  account  into  court,  and  insisted  on  its 
being  rendered  in  the  nauie  of  the  party  who  furnished  the  su[)i)lies.  It 
was  accordingly  recoi)ied  and  returned  by  JMr.  Eoach ;  but  fearing  that 
he  had  charged  the  flour  too  high,  and  thinking  the  alteration  would  not 
be  discovered,  he  struck  otF  2s.  Gd.  a  barrel,  retaining  O'Brien's  account. 
The  jury  detected  the  trick,  and  inquired  for  the  copy  made  by  O'Brien  — 
it  was  nowhere  to  l»e  ibund.  Mv.  Stewart  Clarke,  who  hears  me, 
handed  it  to  3Ir.  IJoach,  but  he  denied  any  knowledge  of  it,  and  it  was 
not  forthcoming.  Fortunately,  however,  the  jury  had  retained  the  orig- 
inal account  handed  to  O'Brien  to  copy,  and  in  that  the  flour  was 
charged  at  nine  dollars,  although  in  the  one  he  returned  he  had  reduced 
it  to  eight  and  a  half.  Thus  did  they  trap  the  worthy  commissioner. 
Will  T  be  told  that  the  trifliiig  nature  of  the  amount  makes  any  differ- 
ence in  the  transaction  ?  If  any  one  of  the  body  who  laid  the  indict- 
ment were  guilty  of  such  acts,  how  could  they  come  into  court  to  prose- 
cute me  ?  I  make  no  attenq)!  to  deceive  you,  gentlemen ;  I  would 
rather  lie  in  jail  for  years  by  your  verdict,  than  forfeit  your  good  opin- 
ion. I  state  nothing  to  you  as  a  fact  which  I  have  not  evidence  to 
prove  ;  I  draw  no  inference  fi'om  facts  that  does  not  appear  to  my  own 
mind  rational  and  fair.  Tiiis  stoiy  of  the  accounts  may  not  be  true,  but 
I  can  bring  three  members  of  the  last  grand  jury,  as  respectable  men 
as  any  in  the  town,  who  will  swear  to  every  word. 

I  dare  say  you  will  now  wish  to  hejir  nothing  more  about  the  Bi-idc- 
wcll ;  but  oidy  group  the  evidence  which  the  affidavits  furnish.  There 
was  Coimnissioiier  Koach's  horse  stabled  in  the  woodhouse,  and  the 
wood  piled  out  in  the  yard;  the  provemler  which  he  so  kindly  furnished 
at  his  own  ex[)ense,  was  crammed  into  the  watchhouse  ;  one  of  the 
prisoners  was  emi)loy<?il  making  boots  and  shoes  for  the  magistrate 
and  his  friends;  another  manufacturing  tubs  and  buckets;  the  muler 
keeper  inspected  his  flour  ;  and  the  VMgrant,  who  had  no  particular  trade, 
did  his  errands.  I  might  entertain  you  for  hours  with  instances  of  su(;h 
jietty  [)eculation.  This  great  man  had  his  vegetables  in  one  of  the 
cells ;  another  helil  his  cclvvy  ]»acke(l  in  earth.  If  his  house  w;is  to  be 
banked,  a  gang  was  sent  from  Bridewell ;  and  of  course  the  prisoners 


i 

'i 

) 

l| 

^i 

3 

TRIAL    FOR   LIBEL. 


45 


ilc- 


10 

kite 

•h 

lie 

)G 

r3 


*i 


fed  anil  watered  liis  liorso.  lie  was  in  tnilli  like  tlio  liiilcr  in  Si'riplm-e, 
wlio  -aid  lo  one  "go,  and  lie  goetii;  and  to  another  do  this,  and  lie  dulli 
it."  It  is  a  enrious  fact,  tliat  since  lliis  inspeetor  of  fiour  heeanie  coni- 
inissioner  lor  iiridewell,  llie  i)risoners  have  been  siijiplied  wilh  no  [iota- 
toes  ;  they  have  been  fed  entirely  on  Ijread.  I  am  at  a  loss  to  di-cover 
any  reason  for  this,  except  by  snpposini^  tliat  there  may  be  some  nn- 
fortunate  Irishman  in  the  place,  and  thai  il  w;is  intended  as  a  pari  of 
the  ])iiiiishnient  of  poor  I'a!,  to  give  him  no  potatoes,  Tiiis  is  the 
only  reason  1  can  give,  but  some  of  the  jury  may  imagine  others  for 
this  exchisive  consumption  of  Hour. 

AViien  this  man  and  liis  family  walked  abroad,  their  feel  were  pro- 
tected by  the  county;  when  they  gave  an  entertainmeiil,  Cain  wa-  dis- 
patched i'roni  15ridewell  with  the  celery;  when  tliey  were  dir-posed  to 
enjoy  the  luxury  of  the  bath,  the  county  fiii-nished  the  tubs;  and  even 
the  melody  oi'  Miss  Koach's  canaries,  was  l)reathed  through  cages  niaiiu- 
faclured  at  tlie  jjublic  ex[)ensc.  They  had,  .  ome  time  ago,  a  poet  in 
Bridewell;  and  I  am  inclined  to  believe,  allhough  wilhoul  access  to 
the  docuinenl  I  would  not  .-tate  it  as  a  !'act,thal  he  was  fully  employed 
iu  writing  sonnets  for  the  iiunily  Allium,  ll'  you  send  me  there,  I  shall 
be  com[)elled  to  print  him  a  newspa[i('r  for  nothing,  and  then  the  list  of 
Lis  luxuries  will  be  [iretty  complete.  I  am  afraiil,  however,  that  he  did 
not  anticipat(.'  this  day.  lie  never  imagined  that  this  '"  Tah'  of  a  Tub  " 
would  have  such  a  general  circulation  —  he  never  dreamt,  wlien  retiring 
to  the  bath,  that  he  was  really  "getting  into  hot  water."  llelin-e  we  arc 
done  with  him,  I  fear  he  will  lie  in  condition  to  take,  what  poor  Sardinia 
used  to  call  "  one  va|)or  bath." 

These  details  may  be  ludicrous,  lint  mark  the  moral  effect  of  all  this, 
upon  the  poor  jietit  larceny  wretches  confined  in  Uridewell.  Tlicy  were 
not  sent  there  H.)r  punislmienl  only,  but  for  the  pur[)osc  of  I'eformalion. 
This  is  one  of  the  benevolent  objects  of  tin;  law,  the  main  ]ioint  to  Ije 
considered  in  every  municipal  code.  I>ut  did  not  all  the  prisoners  knov/ 
what  was  going  on  around  them  —  and  what  would  lie  the  obvious  cur- 
rent of  their  reilections  ?  "Would  each  or  would  any,  under  such  cir- 
cumstances, say  1  am  a  guiliy  wretch,  and  will  pray  to  heaven  I'or  a 
change  of  heart  that  shall  restore  me  to  society ;  or  would  he  rt'ason 
thus —  It  is  true,  I  have  been  very  uiiforliiiiat(!  in  getting  here,  but  I  was 
on  the  right  road  ;  if  1  had  only  had  good  luck  as  well  as  good  inten- 
tions, I  might  have  been  lilling  siluations  of  honor  and  emolument; 
that  might  have  been  my  horse,  and  these  ji.jor  devils  who  .-iirround 
me  would  have  been  my  servants  ami  my  slaves.  This  is  the  moral 
effect  ol'  having  such  commissionerri. 


rW<-. 


■'m^ 


r 


46 


TRIAL   FOR   LIBEL. 


I: 


I  wns  nniuscd  at  pocinpr  IMr.  KomcIi's  avcrmont  that  lio  found  flie  pro- 
voiidcr  I'oi-  liis  liorse  ;  lie  would  have  aildi'd,  had  he  thought  of  it,  that 
ht,'  also  found  the  ■water  for  his  batli.  r>iit  wliih'  sucli  thiuirs  arc  tole- 
rated liy  incinher.i  of  their  own  body —  while  they  attempt  to  slur  them 
over  ])y  j)artial  investigations  —  how  can  the  magistrates  of  Halifax 
come  hci'e  to  jtrosi'eute  me,  for  aiding  iiupury,  or  even  for  I  he  publica- 
tion of  attacks,  however  umnerited  and  severe  ?  This  is  a  modern  pic- 
ture of  the  T>i'idew(dl  ;  but  as  the  letter  refers  to  a  period  of  thirty  years, 


m 


[ly  be  pardoned  for  giving  a 


sketel 


1  or  two  of  its  ancient  history.     I 


can  iveall  a   period  when  my  fallier  interested  himself  deeply  for  the 
welfare  of  the  jioor  inmates  of  that  prison.     Though  a  magistrate  h 


im- 


sclf  I 


leratioi 


,d  T  k 


that  th 


hat  tliere  is  not  a 

human  being  who  hears  m(>,  that  does  not  participate  the  feeding.  lie 
nevei-  cai'ried  the  munieii)al  bag;  he  never  took  a  shilling  of  the  fees 
to  which  ho  Avas  entitled ;  he  had  nothing  to  do  with  their  dirty  accounts 
and  paltry  iieeulations.  If  he  was  to  blame,  it  was  because  he  could 
not  sus[)ect  that  those  to  whom  these  matters  were  confided  would  Ix'tray 
their  trust;  if  he  liad  a  fault,  it  was,  that  l)eing  an  honest  man  himself, 
he  could  not  b(dieve  that  there  was  a  seoundrcd  on  the  face  of  the  earth. 
Some  years  ago,  it  was  his  practice  to  take  his  Uible  under  his  ai'in  every 
Sunday  afternoon,  and  assembling  around  him  in  the  large  room,  all  the 
prisoners  in  Bridewell,  to  read  and  explain  to  them  the  word  of  C!od  — 
he  never  tllehed  from  their  daily  bread,  but  Ik;  sought  to  impart  to  them 
the  bread  of  life.  Hardened  and  abandoned  as  many  of  them  Avere, 
they  were  softened  by  his  advice,  and  won  by  his  example  ;  and  I  have 
known  him  to  have  them,  when  their  time  had  expired,  sleeping  unsus- 
pected beneath  his  roof,  until  they  could  get  em[)loyment  in  the  country. 
The  [)erson  at  that  time  in  charge  of  the  establishment  was  such  a 
brute,  and  reigned  over  the  place  with  a  profliga.cy  so  abandoned,  and  a 
cruelty  so  harsh,  that  having  remonstratt'd  with  the  magistracy  in  vain, 
and  linding  it  impossible  to  effect  his  removal,  my  father  left  the  estab- 
lishment in  disgust,  and  has  never  been  near  it  since.  One  day  he  dis- 
covered a  poor  creature  with  a  s[)iked  dog-collar  around  his  bare  neck, 
jdaced  there  for  some  petty  offence  ;  and  on  another  morning  Ik;  found 
that  a  woman  had  been  kept  in  the  stocks  all  night  in  the  open  yard, 
becaus;'  she  woidd  not  submit  to  the  brutal  embraces  of  the  keeper.  3Iy 
father  protested  against  these  abominations,  but  could  get  no  redress. 
He  thought  it  strange  that  such  a  fiend  should  be  so  patronized  ;  he  never 
suspected  2)eculation ;  but  T  have  not  a  doubt,  from  the  new  light  now 
breaking  upon  us,  that  the  keeper  of  that  day  was  luore  coni|)liant  than 
Mr.  lioderick  O'lirien  ;  that  he  was  veiy  useful  in  the  management  of 


M 


r''>i 


TRIAL    FOR    LIDEL. 


47 


(lis- 
111(1 


ow 

liaii 


sii)>i)li('>.  ITf  was  finally  ousted,  ^\■hou  it  \vas  found  nnsaf(>  any  loiiiriT 
to  retain  liini.  A  fellow  wlio  was  put  lliere  for  theft,  was  in  a  few  weeks 
raised  to  the  rank  of  under  koeitor,  and  used  to  he  let  out  \\\nni  the  town 
every  niudit  ;  until  the  keeper  heeoining  implicated  in  soini?  ol'  the  roL^iii-ry 
of  the  snhaltern,  he  was  ship|)ed  oif  to  the  Canada-,  from  whiehhe  is  not 
likely  to  ever  i-etiirn.  Now,  gontlomen,  with  this  eviileneo  before  me  ; 
Avith  my  own  ancient  recollections  blent  with  the  modern  history  of  this 
place,  could  I  have  dared  to  refuse  publication  to  that  letter  ? 

In  turning  to  another  of  these  establishments,  I  hope  that  he  who  on 
Tues<lay  last  read  that  impudent  resolution  to  their  lordships,  hears  the 
sound  of  my  voice  ;  and  if  he  does,  while  he  fpiails  under  the  sfat(Mnents 
I  make,  let  him  remember  that  he  i)laceil  mc  here  ;  that  he  lied  me  to  the 
stake  ;  that  he  and  his  colleagues  filed  again.-t  me  that  indictment  in 
which  I  am  charired  with  sedition  and  rebellion.  Many  of  thi;se  mairis- 
Irates,  as  I  belbro  stated,  arc  men  of  integrity  and  honor,  who  arc 
guilty  only  of  neglect,  but  arc  far  above  peculation.  Some  of  them 
have  nrged  on  this  prosecntion,  not  from  imkindncss  to  me,  but  in  order 
that  others,  whom  they  know  to  be  criminal,  but  whom  they  had  not  the 
manlinos  to  confront,  might  be  exposed.  Should  they  have  doni^  this? 
Ought  they  not  rather  to  have  formed  themselves  into  a  court  of  impiiry, 
and  having  all  the  oflicials  under  their  control,  and  books  and  papers  at 
their  disposal,  to  liav(>  gone  into  a  full  investigation ;  to  have  sifted  the 
popular  complaints,  and  have  purged  and  pnrified  (heir  own  body  ? 
But  they  have  not  done  so  ;  they  have  left  it  to  me,  and  they  have  placed 
me  in  a  position  wIkm'G  the  performance  of  a  disagreeable  duty  is  essen- 
tial to  my  own  safety.  I  feel  that  it  is,  and  to  the  public  safety  also, 
and  shall  not  shrink  from  the  task. 

By  the  Dili  section  of  Gth  Geo.  0,  which  regulated  (he  affairs  of 
the  poor  asylum,  it  is  (>x[)ressly  enacted,  "  That  no  commissioner  shall 
have  any  profit  or  emolument  whatever,  by  furnishing  supjdies,"  Some 
members  of  the  sessions  have  thought,  however,  that  they  could  alter 
this  law,  as  they  wished  to  alter  the  law  of  libel ;  lor  in  (he  face  of  that 
section,  binding  and  obligatory  as  law  can  be,  is  it  not  matter  of  noto- 
riety, that  for  years  thi>  principal  part  of  the  su])[)lies  for  the  I'oorhoiisc 
passed  through  a  cei'tain  store  ;  that  nearly  !ill  the  llower  and  meal 
passed  through  a  certain  mdl,  leaving,  of  course,  an  abundant  grist 
behind.  ^Much  improvement  has  been  latterly  introduced,  but  for  many 
years  this  was  the  system.  What  was  neither  in  (he  store  nor  in  the  mill 
Avas  purchased  upon  the  credit  of  the  commissioner,  which  was  bad;  or 
on  the  credit  of  the  establishment,  which,  in  his  hands,  soon  liecame 
■\\  orse.     Creditors  had  to  wait  years  for  their  money,  and  to  remunerate 


■! 


g^t! 


48 


TRIAL   FOR   LIBEL. 


tliomsclvcp,  when  next  lie  cnmc  to  purclia^c,  put  on  an  .iddifioniil  ton, 
twenty,  or  lliirly  per  cent.  I  could  ])liic(!  evidence  of  undoultted  credit 
Itd'ore  you,  who  would  show  lli;it  (his  was  the  system  ;  and  some  who 
will  tell  you  that  they  would  not  jrive  credit  at  all.  The  efTect  of  tins 
system  was  i-uiuous  ;  lor  altlioutrh  inferioi'   arlitdes  were   purchased,  the 


,diest 


iil'ices  W( 


re  always  |)ai(l.     I  do  n(»t  say  that  all   tlu;  profit   w 


xs 


enjoyi 


ll 


eu  i)V'  lue  comm 


issioner;  a  part  miji;ht  have  heen  jux-keted  hy  the 


merchant  lor  tlu^  risk  he  ran,  hut  in  cither  case  it  Avas  equally  injurious 
to  the  pau])ers  and  to  the  jiuhlic. 

Tf  liic  haker  were  in  that  hox,  and  yon  were   to   ask   him  Avhy  he  did 


not  make   hotter   hread,  h 


auswe 


would  he,  how  C(juld  I  out  of  such 


matei'iaisr'  If  yon  aske<l  the  miller  why  he  did  not  make  better  ilour, 
the  reply  would  he  because  the  materials  Avere  bad.  "What  would  not  ,i 
man  do,  who  woidd  thus  wring  a  j)rotit  from  an  establishment,  dedicated 
to  th(!  comtbrt  of  the  poor  and  destitute  ;  who  would  thus  filch  from 
mendicants  lo  put  money  in  his  j)ur.-e  ?  Gentlemen,  there  is  not  a  man 
in  your  box  that  wouM  not  !)eg  from  door  to  door;  that  would  not  ratlier 
.-hake  from  his  back  the  last  rag  that  covered  hiiu,  than  thus  j)roy  upon 
the  unfortunate  beings  wliom  the  storms  of  life  liad  driven  into  such  a 
haven. 

The  ]u'-{  ]>roof  of  the  costliness  of  the  administration  of  the  Avorsliip- 
ful  commissioner,  to  whom  this  letter-writer  alludes,  is  to  be  ibund  in 
the  fact,  that  Avhile  the  paupers  formerly  cost  the  community  seven  and  a, 
half  ])(  nee  a  head  per  diem,  they  are  now  maintained,  under  the  improved 
management,  for  something  over  five  pence.  Formerly  the  house  was 
always  several  hundred  ])onnds  in  debt ;  now  there  is  a  balance  of 
two  himdred  poi  :uls  in  hand.  Formerly  credit  could  only  be  got  at 
these  ruinous  prices  ;  now  j)ersons  in  business  are  glad  to  deal  with  tlie 
asylum,  because  they  are  promptly  paid.  T>nt  though  the  affairs  of  this 
establishment  are  greatly  improved,  a  little  of  rottenness  still  remains. 
Though  each  commissioner  entrusts  the  clerk  to  i)urchase  supplies,  and 
gives  him  a  check  for  the  amount  on  the  production  of  vouchers  at  the 
end  of  every  month  ;  when  the  party  who  formerly  monopolized  the 
whole,  assumed  the  control  in  December,  he  roin'imanded  the  clerk  for 
daring  to  interfere,  and  purchased  the  supplies  himself.  Sir.  Gray,  in 
his  address  to  you,  said,  that  there  Avas  no  other  course  open  to  these 
justices  but  a  bill  of  indictment,  because  no  one  of  them  Avere  distinctly 
pointe<l  out ;  l)ut  AA'as  not  the  person  (o  Avhom  I  am  now  referring  [lartic- 
ularly  attacked  ;  Avas  he  not  charged  with  deriving  a  large  sum  from  the 
supply  of  the  Poorhouse  ?  If  a  charge  is  made  in  a  newspaper  in 
such  a  Avay  that,  although  the  party  be  not  named,  it  is  generally  referred 


3 


'li 


I     I' 


TRIAL   FOR   LIBEL. 


49 


to  liim,  he  is  entitled  to  liis  action.  Did  not  every  man  vlio  road  that 
letter  know  who  was  meant  ?  I  have  not  mentioned  his  name,  but  is 
tliere  ont^  of  yon,  gentlemen,  who  do  not  know  him  as  Avell  as  if  I  had? 
Could  lie  not  have  brought  his  action  ?  "Why  did  ho  not?  liecause  he 
was  afraid.  But  I  tliink,  notwitlistanding  the  opinion  of  the  learned 
couns(d,  that  either  of  these  justices  might  have  brought  this  action. 
Fraser's  Magazine,  some  time  ago,  published  an  artichi  reflecting  upon 
the  cooks  of  London.  Lord  Grey's  cook,  feeling  himself  aggrieved,  and 
detcrmineil  to  vindicate  tiie  interest  of  his  order,  prosecuted  and  received 
damages  for  the  injury  done  to  himself.  Why  did  not  some  one  of  these 
magistrates  stand  Ibrth  and  act  this  manly  part  ?  They  thought,  perhaps, 
that  the  jnore  cooks,  the  less  cliance  of  spoiling  the  broth ;  but  we  shall 
see  how  far  this  opinion  was  correct. 

These  details  arc  painful  for  me  to  utter,  and  for  you  to  hear ;  but  I 
solemnly  declare  that  I  have  stated  nothing  but  what  J  believe  —  nothing 
but  what  I  believed  in  .January,  Avhen  I  })ublished  the  letter  charged  in 
the  indictment.  Their  lordships'  classic  ininds  will  readily  recall  the 
])unislnnent  which  Dante  assigns,  in  his  Inferno,  to  public  peculators. 
He  casts  them  into  a  lake  of  boiling  pitch,  where,  as  they  wallow  and 
plunge,  the  fiends  rend  and  tear  them  with  their  fangs,  and  delight  to 
increase  tiieir  agonies.  Let  tlie  men  I  have  been  describing  take  care, 
that  besides  the  contempt  of  this  world,  they  do  not  get  a  scalding  in  the 
next.  They  cannot  be  Christians ;  let  them  beware  how  they  adopt 
the  ci-ecd  of  the  Italian  poet.  They  gloat  over  the  idea  of  the  triumph 
which  they  expect  to-day  —  but  they  have  yet  to  learn  that 


1 1. 


1 


"  Thrice  is  ho  ariuM  who  liatli  his  r^uarrcl  just, 
And  lie  hut  naked,  thouyli  lock'd  up  iu  !<tee], 
AVliosc  couscieiice  witli  injustice  is  poHuted." 


They  will  long  remember  this  day  ;  but  let  them  also  remember  that  they 
thrust  forth  their  rotten  reputations  to  dare  the  lightning  flash  of  truth  — 
that  the  lash  from  wdiich  they  suflered,  was  forced  into  my  hand. 

Having  shown  you  how  taxes  are  raised,  and  how  some  of  our  estab- 
lishuKMils  have  been  conducted,  I  must  now  introduce  you  to  the  brick 
building  below,  -where  the  business  of  the  clerk  of  the  peace,  the  police 
office,  and  the  commissioners'  court  is  conducted.  These  departments 
are  all  more  or  less  within  the  jurisdiction  or  under  the  control  of  the 
sessions,  or  of  members  of  that  body.  The  two  former  especially  have 
for  many  years  been  so  blended,  that  it  is  almost  impossible  to  separate 
them.  From  what  I  have  stated,  and  what  I  shall  state,  you  Avill  have 
no  dilficulty  in  believing  that,  had  I  been  allowed  to  go  into  proof,  I 


i :  ,f, 


i' 


^t  111 


r.# 


Ih'    I 


50 


TRIAL   FOR  LIBEL. 


should  have  been  al)li',  iiicliuliii^  ('(tri'iiiition  and  n(\!5lect,  (o  Iiavc  proved 
against  llieir  ■\vor.<lii|»s  the  I'ldl  XIOOO  a  year.  The  cxpcnso,  iiiolliciency 
and  corruption,  oCtliose  lower  departnu'nls,  it  will  lie  reeolleeled,  fornied 
a  part  of  the  general  cliargc  made  hy  the  writer  of  th(!  Idler.  The 
preservation  of  the  pnhlie  peace  is  included  in  the  duty  of  the  inai^i-trney  ; 
and  I  ask  you,  frentlenien,  if  ever  you  knew  a  town  of  th((  size  and 
rospectahiiity  of  Halifax  where  the  peace  was  worse  preserved? 
Scarcely  a  nigiit  passes  that  there  are  not  cries  of  murder  in  the  upper 
streets;  scarcely  a  day  that  there  are  not  two  or  three  fiirhts  upon  the 
wharves.  When  1  lived  further  to  the  south,  a  Sunday  seldom  went  l)y 
without  two  or  thn.'e  pitched  battles  at  the  foot  of  the  street  —  but  a 
police  olficer  or  a  magistrate  was  rarely  to  be  seen.  Sometimes,  IMr. 
Fairbanks,  who  lived  opposite,  would  endeavor  to  allay  the  slorin  ;  and 
once,  I  believe,  Mr.  Lawson  knocki'il  one  or  two  of  tlie  rioters  down,  and 
dragged  them  by  the  heels  to  Dridewell,  but  wo  never  saw  any  thing  of 
the  police.  Hoys  are  jdayiiig  marbles  and  ])itch-and-loss  all  over  the 
streets  on  a  Sunday,  without  anyboily  to  check  tlu'm  ;  and  althougli  these 
may  be  trifles,  they  go  to  prove  the  "  slovenly  system  "  of  which  this 
writer  complains;  and  sliow  with  Avhat  zeal  their  Avor.diips  pertbrmed 
their  other  duties,  wluu'e  money  was  not  involved.  [Having  enumerated 
the  salaries  of  the  clerk  of  the  peace,  police  magistrate,  &c.,  in  order  to 
show  that  they  were  sullicient  I'or  the  duties  performed,  without  other 
eraohunents,  he  said  that  of  these  he  did  not  com[)lain  —  every  man 
had  a  right  to  his  salary,  if  it  was  fairly  earned  —  but  what  the  public 
com[)lained  of  was,  the  enormous  amount  of  i\,'c^,  fines,  &.c.,  which  went 
into  the  brick  building,  of  which  no  account  was  ever  given,  and  of 
which  it  was  impossible  to  ascertain  the  amount.] 

For  every  oath,  summons,  writ,  or  other  process,  there  must  be  a  fee  ; 
and  the  more  unequally  the  system  of  assessmi.Miit  bears,  and  the  more 
resistance  is  made  to  the  payment  of  taxes,  the  more  money  it  brings  to 
the  police.  The  committee  of  His  IMajesty's  Council  demanded  some 
accounts  wdiich  were  necessary  to  assist  their  investigations  ;  these  Avere 
subsequently  sent  down  to  the  Ass!^ml)ly,  and  I  was  favored  with  a 
perusal  of  them.  Though  wretchedly  confused  and  incomplete,  there 
were  some  things  in  them  which  astonished  me.  There  were  one  or  two 
charges  of  £5  made  by  the  police  magistrate  for  committing  criminals  to 
Bridewell ;  and  about  forty  entries  of  this  kind,  2s.  Od.  to  a  poor  man, 
1)8.  to  a  poor  ).)oy,  and  7s.  Gd.  to  a  poor  Avoraan.  I.doul)t  if  the  public 
were  aAA^are  that  there  Avas  such  a  charity  in  existence,  to  Avhii'h  anybody 
might  go  and  get  a  dollar  at  the  county's  expense ;  but  I  expect  that, 
after  this  notice,  there  Avill  be  plenty  of  applicants  to-morrow. 


\ 


1 


TIBIAL    FOR    LIREL. 


51 


[After  cmunoratiiiL'  tlio  varidiH  (ifVciiccs  Cdpiizalilc  l)y  tlip  ])olicr>,  and 
lor  wliiili  liiii'-;  wci'c  cxncliMl,  Mr.  Howe  snid.]  I  liad  rcekoncil  ii|i  the 
list  of  persons  lliul  liad  Iiecn  in  tlicir  Iisnuls  for  fivo  years;  and  iiavini^ 
fi'ci'rlaincd  tlie  nunilier.  1  a--Ue(l  a  |iers<in  who,  I'rom  tli(!  opportunilies 
lie  lind  for  oli-ervation,  I  |)i'esnni('(l  wonM  he  :i  irood  jndjre.  how  niiniy 
persons  hi'  tlioiiLdil  wei'e,  on  llie  averatre.  in  tlie  liiindsof  the  police  every 
Aveck,  leavinu:  sometliinLr  hehimh  His  answer  wa-  twenty-live;  hnt  ani'. 
a  week  is  liie  avera'^'e  aeeonlini^  to  the  re(iirii<.  It  is  curious  to  see,  in 
lookinjr  over  these  aceoinits,  jiow  irrepjtdai-  and  eecenlrie  is  the  wlioio 
])oliee  system.  In  the  course  of  twelve  inoiilhs  there  are  perhaps  one  or 
two  ])crsons  fined  for  s<'lling  rum  to  Indians.  althou;:^h  druidicn  Indians 
are  strewed  ahout  the  niarkel-p!a('(!  for  two-thirds  of  tlie  year.  Within  an 
equal  period  perhaps  two  or  three  person-^  are  lined  for  liavin,<i  rows 
goini^  at  lar-^e,  and  then  tlie  cows  are  allowed  to  .l'o  scot  free  for  all  the  rest 
of  the  year.  When  1  lived  next  door  to  tlu;  master  of  tho  rolls,  we  fre- 
quently had  four  or  five  wanderiu'j;  ahout  the  corners  for  weeks  toixether. 
I  do  not  complain  that  the  police  have;  not  exacteil  tines  enouirh  ;  thai  is 
not  the  coin[)kiiiit  urged  l»y  the  pnl)lic,  or  hy  tin,'  writer  of  this  letter; 
liut  that  they  are  levied  hy  lits  and  starts,  ia  an  arbitrary  and  desultory 
manner,  by  wduch  the  law  is  made  on(;rous,  and  yet  cont(.'mptihle. 

Tho  juiy  will  bear  in  mind,  tiiat  one  part  of  the  charge  against  the 
police  magistrates  is  the  extortion  of  suras  unauthorized  by  law.  Now 
is  it  not  notorious  that  for  years,  Avlien  a  person  went  there  to  complain 
of  an  assault,  or  a  crime,  before  any  redress  could  be  obtained  —  b(dbrt3 
they  would  issue  a  Avrit,  the  party  was  compelled  to  pay  3*-.  (if/.  For 
this  charge  there  was  not  the  shadow  of  law ;  and  the  j)ractice  was,  I 
believe,  discontimied,  on  the  remonstrance  of  some  of  the  newly  ap- 
pointed magistrates;  but  during  the  long  period  it  was  ui^held,  the  very 
three  and  sixjienccs  would  amount  to  no  inconsiderable  [)art  of  the  sum 
laid  to  their  charge.  These  may  be  trilling  matters,  but  they  all  help  to 
illu-;lrate  the  general  system.  I  could  put  a  poor  but  respectable  man 
in  the  box  who  would  tell  you,  that  having  sued  another  lor  a  small  debt, 
lie  met  the  constable  on  the  wdiarf,  wdio  told  him  ho  had  collected  it.  lie 
treated  the  man  in  the  joy  of  his  heart,  and  expected  to  have  got  his 
money,  but  was  told  that  he  had  jiaid  it  into  the  office.  There  he  ap- 
plied, but  was  informed  that  they  would  make  the  debtor  pay,  but  he 
had  not  ])aid  yet.  That  was  the  invariable  answer,  and  although  this 
occurred  years  ago,  to  this  hour  the  poor  ma;i  has  not  got  his  money. 
Another  ])ersoii  1  know,  who  has  a  claim  of  three  guineas  on  the  ollice ; 
he  has  dunned  them  lor  years,  and  refuses  to  pay,  and  has  not  paid,  his 
taxes  foi"  the  last  two  years  in  consequence. 


e| 


^,n 


i 


i! 


:X-M. 


•im 


t    L 


52 


TRIAL   FOR  LIBEL. 


I' 

t 


I  coiiltl  l)rin;^  lifforo  yan  in  an  in>t;nil  two  men.  .13  rospcctaldc  ns  nny 
ill  town,  who  MTNcd  for  oni-  yciir  (lii;  oIlU-c  ol'  cltrk-i  of  tln'  niarkd. 
They  were  \cry  nclivc,  iicrlornicti   their  rliity   liiithl'iilly,  made   a   ur«'al 


many  .-cizurrs,  aM< 


1  of 


conrx'  a  "ivat  jnany  (.'ncnuc 


and  at  tlic  en 


I  ol' 


tlic  year  tiii'v  calcidalcd  tliat  liicir  !<hari'  oflhc  forrcilun-s  wouhl  aiuoiiiit 
lo  X'-'AK  'liii'y  callrd  at  the  ollici'  lor  thcii'  money,  lint  were  told  that 
the  hooks  were  not  nia<Ie  np.  A^ain  and  au'aiii  lliey  eallud,  and  were 
jiiit  oU'witli  >iniilai'  excuse.-,  and  though  years  Iia\e  ehipsed,  they  never 
have  ret-eivecl  a  single  .si.\|tenee,  aUhoiij^ii  they  have;  (hinned  ///*•  ojlicc 
every  time  tliey  liave  met  in  tlie  sti'eol.  It  happened  that  one  (»!'  these 
men  was  lined  2<*,v.  lor  a  nuisance  ;  he  rern>ed  to  pay,  hecanse  the  olhco 
ouc(l  him.  and  to  this  (hiy  lias  not  paid.  At  tiiis  tinu;  .sonic!  altercation 
arose,  and  tlie  ollicef  (I  may  oiiserve  that  it  was  not  Mr.  Liddell)  called 
upon  one  i>arty,  and  stated  that  if  he  would  wait  awhile  lor  his  money, 
he  would  pay  oil'  the  other,  '*  wdio  was  a  very  (rouhlesome  I'ellow." 
Away  this  man  j)0'ted  to  his  I'riend,  and  he^j^ed  him  not  to  takt;  his 
.share,  unless  holh  were  paid.  "  Uiit,"  said  he  who  told  me  the  story, 
''  he  need  not  have  taken  the  trouble  fur  I  never  had  the  oiler."  Now 
these  men  are  apt  to  reason  in  this  way :  '"  Surely  the  county  never  re- 
ceived credit  for  our  X'-'JO  ;  and  as  the  accounts  are  never  i)ublished,  and 
wretchedly  kept,  how  do  we  know  what  became  of  the  other  i'oO." 
"Woulil  not  .-uch  a  stat('  of  thinj^s  justify  any  charge  ?  A  short  time  since 
some  injudicious  friend  put  a  notice  into  the  Kecorder,  calling  ui)on  the 
comnumity  to  come  forward,  and  give  me  any  information  that  might  be 
useful  lo  me  on  my  trial.  The  next  day  1  could  not  get  into  my  olHce ; 
it  was  crammed,  and  the  passage  leading  to  it,  with  people,  every  one  of 
whom  had  sutrercil  >ome  exaction,  had  some  complaint  to  expose,  or  had 
had  justice  denied  or  delayed.  One  of  them  left  this  book,  whicli  con- 
tains the  i»roceedings  of  the  grocer's  society;  and  here  is  a  letter  tlaled  a 
year  ago,  threatening  to  sue  the  police  magistrate  lbr,£7  10*'.,  the  half  of 
some  tines  legally  due  to  the  society,  but  which  he  informed  me  had  not 
yet  been  paid. 

Some  of  these  magistrates,  and  their  functionaries,  preside  in  the  com- 
missioners court.  I  will  state  one  instance,  in  illustration  of  the  mode 
in  which  debts  are  collected  there,  and  of  which  I  can  speak  of  my  own 
experience.  Some  persons  seem  to  imagine  that  the  liberty  of  the  press 
consists  in  reading  a  newspaper  for  nothing.  Having  a  dozen  or  two  of 
such  i)atrons,  who  had  taken  The  Nova  Scotian  for  live  or  six  years  and 
never  paid  for  it,  1  thought  1  would  try  if  the  commissioners'  court 
couhl  bring  them  to  tlu'ir  senses.  I  singled  out  one  who  was  well  able 
to  pay  ;  the  account  was  [iroved,  the  fees  paid,  and  the  magisterial  ma- 


TRIAL    ron    I.TIIEL 


clilncrv,  M-<  T  tliniij;lit,  set  in  fH'tivf  inotimi.  'riinc  nflcr  liinc  llic  money 
^v;^s  sent  lln',  Init  lln-  :ni~\vci'  Ml\VMy-<  \V!H,  '•  Wc  will  ni;il<c  liini  |i;iy.  Imt 
lie  liii-  not  piiid  yd  ;"  iunl  nil  llii-;  time  the  parly's  store  was  (i|icii  nml 
111'  walhin,'-'  tin'  streets.  Seven  <pi'ei:.;lit  ninntlis  passeil  in  tlii>  way.  Avlwn 
^[r.  I'"elilincr.  \\]\o  wa-i  tlie  eon<tali!e  of  lliat  coin't,  <lie<l.  ami  I  wa>  toM 
tliat  !  mn-t  wsiit  till  the  jiajier-;  wiTe  overl'.anleil.  to  ascertain  it'  tlie  deht 
liad  lieeii  eollecteil.  I  did  wait  several  months,  fonnd  il  liail  not.  took 
(int  new  process,  and  then  expected  of  coin'sc  to  cret  my  money.  !>nl  I 
had  to  w:iit  ahont  seven  months  more,  and  then  having'  written  two  or 
three  notes  to  a^^ccrtain  what  wa-  the  rea-on  of  all  thi<,  I  prof  ahout  t' I  ; 
and  some  weeks  after,  with  great  dilHcnlty,  obtained  the  rianainder.  Tlnn 
was  ju-tice  delayeil  to  me  for  ciLditi'en  months,  mid  more  tinn'  wasti'(l 
than  wonld  have  been  necessary  (o  have  collected  the  money  without  the 
aid  of  the  law.  liiit  the  hardship  of  this  Avas.  not  so  mncli  as  rc'i'ariled 
tlie  small  sum  in  dispute,  hut  iVom  its  preventintr  mo,  from  collectinLr  all 
tlif  other  debts  that  had  beep,  standln'jr  e(|nally  long;  for  of  course  with 
this  e\[)i'rienc(>  F  could  not  again  apply  to  the  commissioners'  court. 
This  is  my  own  ca-e.  but  many  olhers  co'dd  tell  yon  similar  tah's  ;  theso 
things  w(  !•('  of  daily  occurrence,  and  if  they  wore,  can  yon  wonder  that 
complaint-  arose?  These  ii'regularilies  t()rmed  a  part  of  the  general 
system,  which  ju>tilled  the  charges  of  grand  jnries,  the  surprise  of  tlio 
executive,  the  inv<'s|igati()ns  of  the  council,  and  the  publication  of  tho 
allegc'l  lilxd.  I  cannot  be  expected  to  illu^trati'  the  system  in  all  its 
parts,  but  T  t(dl  you  what  I  l;uow  ;  what  was  notoriously  known  to  the 
community  in  December;  and  what  was  >trongly  impressed  on  my  mind 
on  the  lir-t  of  Jaiinary,  when  T  publisheil  the  letter. 

It  may  b(>  said  that  all  these,  things  could  not  have  existed  so  long,  be- 
cause detection  was  <o  easy.  That  is  the  natural  suggestion  of  everv 
mind;  but  lei  it  be  reniembere(|  that  the  mystic;d  accounts  stood  be- 
Iwi'cn  these  delini[nents  and  detection.  If  th(>se  had  been  c(U'rect1y 
kepi,  methodically  arnmged.  and  regularly  jiublished.  many  of  thes<'  cor- 
rujilions  coidd  not  have  ;iccumidated  —  this  system  of  wrong-doing  could 
not  have  been  ujiheld.  Those  who  paid  fines  wotdd  have  seen  them 
credited,  and  traced  thiMr  appo[)riation  ;  tho-e  who  paid  fees,  could  have 
calculated  ihe  annual  amount  ;  and  by  comparing  the  -urns  i'ai<cd  with 
the  amoinit  to  be  assessed,  arrears  could  not  have  accumulated.  ]>ut 
jMuictnality  ami  publicity  would  have  given  a  death-blow  to  the  syst(Mn. 
The  grand  jury  on  which  T  serve(l,  with  a  view  to  aceelerate  rel()i-m. 
named  a  gentleman  of  respiectability  :md  correct  business  h;d)ils.  to  su- 
pei'jcde  the  old  County  Treasurer,  belicndng  that  much  of  the  evil  was 
atlriiiutabl(M(>  him.     lie  has  Ijeeu  sometimes  blamed  for  it  all. 'jui  hi.s 


m 


-I 


54 


TiJiAL  Fon  ijbi:l. 


ri 


honi'sfy  lins  never  Ix-on  quc-lidned.  and  I  am  now  pnll.^fird  that  niiitli  nf 
llu'  cuiirii.-iuii  tlial  rail  tlir(ia;^li  liis  accnaiit^,  wa-  atlrilaitalilc  to  llif  luis- 
t'ral)li'  .■>}>t('iii  rorcfd  ii|i()ii  liiiii  \>y  llif  .■«rIli>liM('.'>>ol'»itli('rs.  A  jj,i'iill('iiiau 
Avanicd  us  at  tlio  time  lliat  we  >li(ndil  only  injure  an  individnal,  williont 
doiiifj  any  j^ood,  mid  I  liavcol'icn  llion;:lil  of  his  words.  Ilowcvir,  wo 
named  a  |i('r<on,  hut  nici  n-i-iancc  at  every  .sti'p  in  endeavorin;^  to  get 
him  aplHiinted;  (lie  e.\eu-e  the  sessions  made  was,  that  the  nominee  wat 
not  a  freeholder,  aithouizh  he  e.\|tres.-ed  his  willin;iness  to  »|ua!ifv  him* 
H'W  in  an  hour.  So  .-trielly  di<l  they  adheri!  to  the  letter  of  the  law  in 
this  ease,  though  wo  liave  seen  that  in  others  they  eared  little  lor  its  let- 
ter or  spirit. 

SiilPl)o.>(;  that  a  man  should  fail  in  business,  —  if  his  aecounts  were  cor- 
rectly and  fairly  kept,  who  woidil  Mame  him  for  misfortunes?  Ihit  if 
they  were  kept  in  .-ueh  a  manni'r  that  nobody  but  himself  eotdd  uuih.'r- 
stand  them,  what  woidd  be  saitl?  Now  the  comity  aceuunts  cannot  be 
under.-tood  liy  the  people  or  the  ^.niverninent,  nor  by  the  majiistratCS 
themselves,  Ibr  we  had  some  of  them  befoi'e  the  jury,  who  could  not  or 
would  not  uiiravtd  (hem.  "While  Iai',u;e  sums  ap|iear  in  the  accounts  as 
paifl  to  the  County  Treasurer,  he  declares  he  never  received  them.  The 
functionaries  explain  this  by  saying,  that  instead  ol'  handing  them  to 
liim,  they  paid  ihcm  to  tliem-elves,  and  thus  saved  his  per  ceiila^xe. 
To  say  nothing  of  corruption,  it  is  evident  that  tin-  system  has  been 
this:  iii.-tead  of  allowing  all  sums  to  go  into  the  hands  of  ihc  treas- 
nrer,  to  pay  checks  in  their  order  as  they  became  due,  the  magis- 
trates iisiiidly  arrested  them  to  pay  their  own  demands  against  tlu>  estab- 
lishments under  their  charge,  or  their  oHlcers  seized  them  to  pay  their 
salarie-,  and  thus  idl  olliei's  in  ilu'  I'oiiuuunily  who  had  demands  were 
left  to  dance  attendance  on  (he  Coimty  Tr.'a-iin.'r,  who  seldom  had  any 
cash.  1  have  dunned  the  town,  when  a  boy,  for  three  years,  with  checks, 
without  getting  [laid ;  and  it  i-  a  matter  <jf  nijloricty,  that  iMr.  Fielding, 
the  Ibrnu'i- jailor,  repeale<Uy  (jflcred  his  checks  at  a  discount  of  ten,  lit- 
teen,  and  1  kiKjw  thai  llicy  were  once  olll'i'cd  al  twenty  per  ct'iit.  In- 
deed, it  has  been  su[)posed  that  pecuniary  pn'ssiire,  ari.-ing  from  trilling 
demands,  while  he  had  the  checks  of  the  county  fur  a  large  .-um  in  his 
hand,  absolutely  broke  the  poor  man's  heart.  Should  such  a  .--y.-lem  as 
this  he  allowed  to  bear  down  a  public  ser\ant  ?  Should  the  jxtor  be 
permille(l  to  be  nibbed  by  ihe.e  I'uinous  di-couuls?  Should  the  checks 
of  tlii>  large  and  popidou.-  town  be  hawked  al)out  the  .street-,  with  a 
charae'.er  >o  l)ad  as  (o  liial  no  purchaser  ia  the  market  'f  One  ciiciim- 
stanee  I  l()rgot  to  mention,  that  came  under  the  notice  of  I  he  grand 
juiy  on  which  I  served.     An  account  came  in  lur  coals  iurnished  by  a 


KHHM 


TIIIAL   FOR   MUEL. 


06 


^ 


1 


n)ii;ii>triii''  to  <iiii'  of  iln-  cstiibli-Iiniriii-j.  TIi'  y  wcri*  i-liar^^iil  lii^^hcr 
tliaii  iIm'V  liMil  Im'cii  l)oii;;Iit  on  llic  saiiic  day,  iVoiii  the  .-aim'  Vf>>(l,  Iiy  a 
luciiilii'i' ol'  till'  Jury;  iIhi  lriicka,ir<',  wan  also  cliarj^ctl,  alllioii;iIi  in  tin; 
«.M'ii(  ral  triii'ka'ic  acfoiinl  ill"  >aiiit'  ItriiH  apprarcd.  A  iioi-i'  was  iiiadt' 
iiltoiil  ilii-.  ami  llic  ina^istralr  coiili-d  iIic  i  rnirs,  ami  oIliTcd  lo  icl'uiid 
the  iiKiiirv  lo  till'  Hnciiiai Mil'  llic  jury,  wlid,  of  con r-c,  could  iint  icciisc  it. 

Now,  p'litlt'iiicii,  upon  11  calm  -urvcy  of  this  cum',  as  J  have  put  it 
bclurc  Von,  can  \i)ii,  under  tlial  imlictmcut,  fnid  iiic  'niiltv  of  a  malicious 
lilicl  ?  When  yon  liavi;  cxaiuliicd  lln'  hard-hip,  iiiccpiality,  and  upprcs- 
tsioii  of  ihc  asscssnicnts,  ilic  di-posiiioii  o|'  the  lire  taxes,  ihe  ial>ri';dili' 
but  co-lly  coi'i'iiplions  of  the  Uridewell  ;ind  I'noihou-e,  the  iiielliciency 
III"  the  police,  ihe  nialpraclice-  of  I  he  lifick  liilildiuj.'.  the  delay  of  jus- 
tice ill  ihe  coiiuni^.-ioners  court,  and  the  confusion  of  the  accounts,  in- 
.'.teail  of  puni>hiiig  iiie  for  what  I  liav(,'  doii(%  what  would  you  have  .»aid 
if  I  had  refn>cd  (o  <1()  it  ?  "Would  I  not  have;  lietrayi.'d  your  interests  and 
till'  iiilereM>  ol'  tin;  coinniuiiily,  and  l()rfeited  the  characti  r  of  my  paper. 
if  I  had  >iippress('d  this  lelirr?  I  have  not  atleiiipled  to  prii\i'  In  ;i  line 
the  char;ies  which  the  letter  conlains  —  that  would  he  no  deliiice;  luit  I 
tru-t  I  have  shown  you,  that  not  only  had.  I  no  wickeil  or  improper  mo- 
tive ill  this  matter,  bu!  that  there  e.\i-led  a  ^ireat  and  overwhehiiiiiLj  pub- 
lie  nee(->ity,  that  rendered  iii}'  act  one  of  virtue,  not  of  malice;  or,  at 
Jill  eviiits,  which  |)roves  that  lliei'e  wa>  ;ii)od  jiroiiiid  ior  my  lieliel"  that  I 
Avas  dolii;^-  a  duty,  not  coinmitling  a  crime.  So  sali>lieil  am  I  of  the  jus- 
tice <tf  my  ctiM',  that  I  believe  1  miirht  re>t  it  lii-re,  and  conlidi'  myself 
learle.->ly  lo  your  llriime.s.s  and  di~creiioii.  Ibit  you  will  perceive  that 
the  recorded  sentiments,  and  deliberate  proceedings  of  ^^rave  and  respoii- 
f-ihle  liodie-.  ju>tily  all  I  IiaM:  done.  Willi  the  exception  of  the  liifiire<. 
the  pi'einlmeiil  of  the  ^raiid  jury  at  the  clo>e  of  the  December  term, 
is  a  ;<ro->er  lihel  than  this  letter.  In  that,  dated  in  Noveinljcr,  as  re- 
gards the  a>>essm(.'iits,  lliey  .-ay,  that  of  the  whole  a.-ses.-meiit  i()r  the 
year,  "  hut  I'.'bi  has  been  collecied,  and  that  from  per.-ons  much  less  able 
to  pay  ihaii  many  who  stand  on  the  li-t  of  defaulters;  and  that  even  this 
.small  .-mil  has  not  been  paid  to  the  Coiiiity  Trea.-iirer,  nor,  a-  far  as  they 
can  diM'o\  er,  to  any  other  per.-oii  autliori/.ed  to  receive  it;"  and  they 
naturally  a.-k,  ••  why  individuals  of  reputed  wealth  and  [)ossessed  of  suf- 
ilcient  means,  .-honld  be  allowed  to  coiuinuu  on  the  list  of  defaiillers  ?  " 

111  the  presentment  handed  in  at  the  close  of  the  year,  they  sav, 
"  that  a  very  large  pro[)ortioii  of  the  taxes  are  sufl'ered  to  remain  iin- 
colleeted  year  after  year,  or,  if  collected,  not  satisfactorily  accounted  for; 
that  inerea-ed  as.ses.sments  are  con.sei[ueiitly  required  on  tIio.»e  w  ho  regu- 
larly pay  ;   and  who  tlierel()re  loudly   complain   that   the   collectors  of 


i 


*  !> 


::l:|^ 


'm' 


ES'' 


5G 


TRIAL   FOR   LIBEL. 


taxc?  .arc  porniiftod  to  pny  into  tlio  hands  of  otliois  instond  of  into  the 
treasury,  where  all  monies  should  direelly  pro;  that  the  persons  wlio 
thus  improperly  intereept  and  forestall  the  ])iiblie  nion'T  appropriate  it 


KMr  own  eoiiveinenecv 


an 


d  send  cheeks   to  the  ti 


ca-urer    insleai 


1 


to  suit 

tliereot";  that  no  money  can  iherel'oi'e  he  obtained  to  defray  the  cui'rent 
expenses,  and  to  jirovide  for  the  indispensably  necessary  .services  of  the 
town  ;  (hat  some  ])ersons  in  consequence  refuse  to  pay  their  taxes,  he- 
cause  th(>y  have  claims  on  the  county  for  which  they  cannot  obtain  pay- 
ment ;  and  others  because  they  have  demands  against  the  oflicers  of  the 
coiu'l  ;  (hat  till-  'ri.'dit  of  the  county  is  absohitcdy  so  bad.  that  an  advance 
of  forty  or  fifty  per  cent."  (you  will  remember  that    I  said  twenty  or 


tl 


lirty)  ''is  required  in  all  pm-ehases  made  on  its  account,  and  that  in 
many  cases  credit  cannot  be  alloweil  at  all ;  that  checks  on  the  treasury 
are  float ing  about  in  the  market,  and  cannot  obtain  purchasers  even  at  a 
large  discoiuit.  Tliat  the  [)ublic  establishments  are  made  matters  of  i)ri- 
vate  convenience  and  emolument,  and  that  when  the  grand  jury,  in  the 
performance  of  their  duty,  institute  an  in(iuii'y  i'lto  the  disorder  and 
abu?es,  they  are  refused  the  necessary  information  from  the  oHicer  wh.ose 
duty  it  is  to  furnish  it." 

They  declare  that  they  have  come  to  the  "■  same  unsati -ractory  and 
unpleasant  result  as  their  iiredecessors  tor  many  years  ]»ast;"  and  that 
'•many  yc'ars'  experimee  lia>  proved  l\\o  niter  imitility  of  p:nviiing  the 
beaten  track  of  remonstrance  and  complaint."  \u\s  regards  the  accounts 
they  say,  after  noticing  the  correctness  of  those  handed  in  by  the  com- 
missionei-s  of  streets,  ''  that  I  hey  wi<h  it  was  in  *  power  to  make  the 
same  favorable  report  of  the  olher  puldic  accou.us.  In  the  cour-e  of 
their  invc-ligation  llie  account  of  the  commissioner  of  l>ridewell  has 
come  under  ob-ervation,  ami  I  he  errand  jurv  are  soi-i'v  to  have  to  state 
tliat  the  nature  of  it  is  such  as  to  preclude  the  possiiiilit}-  of  i-eporting 
favoral)ly  thereon  ;  lliey  are  therefore  com|ielIed  to  I'eturn  it  to  the  court 
as  bciniz;  incorrect  and  totallv  inadmissable."  "  Thev  ai'e  al-o  comixdled 
to  relurn  the  C'uuiUy  Trea^urerV  accoant,  wliich  to  them  is  iin('()ni[)!'e- 
heii>ilile  ;  not  so  much  from  any  fault  originating  with  tli'^  trra-tii'ei'.  as 
from  the  confu>ed  manner  in  which  the  public  accounts  are  arranged. 
Suitable  \(iuchcrs  do  not  aceonqiany  this  account,  one  cif  which  es[)ec- 
ially.aii  account  from  the  collector  of  the  taxes,  and  for  wliieh  the  grand 
jiny  a|)plie(l.  and  was  informed  l)y  the  colleclui'  that  his  woi'diip  the 
Cii.-tos  Kolulornm  had  forliidden  him  to  fiu'ui-h  it  ;  the  connection 
between  that  and  the  (itlicr  pulilie  account-,  ami  the  confii-ed  iiKUUier  in 
which  the  whole  are  stated,  rendei-  it  utterly  impossible  lo  arrive  at  any 
coirect  conclusion  as  to  their  accui'acv.     The  L^'and  jurors  arc  therefore 


1 


TRIAL    FOR   LIBEL. 


57 


ncco.s?i(at('(l  to  rotiirn  tlioni  imuiiditeil.  Tlioy  liavo  prm-'uli^d  foi-  the 
claims  a^raiiist  the  <'()iinty,  allliniijrh  tlicy  arc  by  no  means  .-ati.-lied  of 
the  coi-reotiiess  of  the  statements  in  whieh  those  chiinis  are  emlioilicd," 

i*So\v,  ,L''i'iitlemen,  was  it  ileeeiit  for  men  a.uainst  whom  sneh  eliargcs 
were  jnililicly  made  hy  an  suithori/ed  and  respcctal)lc  boily,  eliarges 
whicli  remained  nnans\vere<l  and  nnexplained,  to  ^^ingle  ont  a  jiriiiter, 
and  attempt  to  make  him  a  scape-goat  for  their  ollenees?  AVlieu  the.>c 
abominations  had  gathered  and  swelled,  and  when  the  odor  of  them  of- 
fended tli(!  sensi's  of  the  community,  instead  of  removing  the  nui-ancc, 
they  said.  We  will  cover  it  U[>  with  a  bill  of  indictment,  lay  Jo>e}ih  Howe 
on  lop  of  it,  and  having  sacrificed  him,  no  one  will  attempt  for  years  to 
distiu-b  the  ashes,  and  we  shall  have  peace  in  the  land. 

The  Governor's  opinion  of  these  matters  may  be  gathered  from  the 
message  to  the  Assembly,  where,  in  calling  attention  to  the  stale  of  our 
municipal  alfairs,  he  says,  that  the  revenues  "  annually  amount  to 
thousands  of  i)ounds,"  which  are  not  "satisfactorily  accounted  for;" 
and  he  concdudes  by  re([uesling  them  to  provide  a  remedy  for  the  evils 
of  "  which  the  grand  jury  have,  in  his  opinion,  justly  complained.''  A 
connnitte(?  of  His  iMajesty's  Council  was  appointed  to  investigate  these 
afiairs,  and  the  sessions  sent  a  committee  to  confer  with  tluMn,  and,  as 
their  resolution  expresses  it,  "to  afford  the  said  committee  such  geuern! 
information  respecting  the  magistrates,  as  shall  assert  their  claim  to  the 
respect  and  confidence  of  that  lioard  and  of  the  public."  !Xow'  we  shall 
see,  by  the  committee  of  council's  re[)ort,  how  that  de])Utation  succeeded. 
They  had  before  them  the  accounts  and  returns  to  which  I  have  already 
referred.  In  looking  over  these  I  was  surprised  to  lind  that  among 
other  blunders,  the  oilicers  had  made  a  mistake  of  £10  again-t  them- 
selves;  but  I  M'as  soon  relieved  by  finding  that  on  the  sainr'  page  there 
was  a  mistake  of  £1)0,  agaiuLa  the  county. 

The  committe  of  council  addressed  circulars  to  all  the  magistrates. 
To  these  they  state  "but  few  an-wcrs  were  received,  and  their  im[)ort 
generally  negatived  the  imputation  that  any  reasonable  ground  of  com- 
plaint existed,  and  suggested  no  important  improvement."  I  think  the 
jury  will  share  the  a-  Muishment  which  1  feel,  that  a  body  chargeal)Ie 
with  the  abuses  which  we  have  reviewed  to-day,  should  have  returned 
such  answers ;  and  it  will  not  be  much  allayed,  when  I  read  to  them  the 
note  sent  in  by  the  worthy  commissioner  for  JJridcwell.  I\Ir.  lioach 
says:  "  Sir,  I  am  not  aware  of  any  dissatisfaction  emanating  I'rom  or 
among  the  ses>ions  of  the  peace.  Their  sessions  have  been  conducted 
witii  great  unanimity,  and  most  ardent  desire  to  })romote  the  pulilic 
weal."     2sow,  who  ever  suspected  that  there  was  any  dissuti^iaciion 


m 


$ 


,r'i 


!iii!l 


58 


TRIAL   FOR  LIBEL. 


iV 


1 

hi 

! 

i     I 


emanating  from  or  amoiic!;  Ilic  >p*sions  ?     TIi(Mli>-;ati>raction  prooocdod 
from  (luilc  a  dilTcrei.t  oiiartcr;  from 


the  i)i'()i)l(j  \vl 


lo  wore   iiijiin'd  l)y 


le 


tlicir  iK'Lrlcct   and  corruplidii.     All  wa^  calm  and  traiu|uil  wiiliiii   tl 
brick  l)uildin;i.  but  (lie  siorm  was  rajjiiitr  frai'f'ully  witlioiit.     Tliry  ucrr 

v-ioiis,  1)111    ill  the  coininmiily  tlicrr  was  no 


the 


crying  jM^acc,  pence,  in 
peace.  No  (li>iil)|  llicre  was  great  iinaiiimily  and  ease  in  llie  ancient 
Star  cliainlier,  at  tlie  very  tinu,'  tliat  the  iial'ou  it  oppressed  was  sliaken 
Avilli  di.-traclion,  and  alarm.  I'lit,  adds  IMr,  Justice  Roach,  "As  far  as  I 
have  liecii  made  acquainted  with  tlie  acconnis  of  the  county,  under  the 


contnji  o!   ihi'  Ju.-tices  in 


■loll,- 


tliev  have  lieen   re 


■adily 


midei 


>t()()d. 


but  I  am  sorry  to  say  that  the  means  for  liiinidating  them  have  not  ])vi'\\ 
forthcoming.  From  tlie  imperr(.'cli(}n  of  our  assessment  laws,  and  from  tho 
refusal  of  graml  juries  to  vote  monies  to  meet  the  demands  on  the  county, 
and  a  desire  manife.-ted  by  that  body  to  bring  the  magistrates  into  disre- 
pnte."  Uring  them  into  disi'cpnte, —  I  wish  for  his  own  sake  that  this 
•worthy  commissioner  was  only  entitled  to  our  contempt.  The  oonimit- 
tce  of  coiif'renee  "  seemed  willing  to  admit  that  the  alfairs  of  the  town 
were  not  conducted  in  a  satisfactory  manner,  yet  they  declined  to  slate 
what  they  conceived  to  be  the  cause  of  the  evil,  or  to  suggest  any  suit- 
alile  remedy;"  the  commiUee  of  council  had  therefore  "  to  i'orm.  their 
own  opinions  from  such  materials  and  evidence  as  they  have  been  alilc 
to  collect  :"  under  the  head  of  "  magistracy  generally,"  they  refer  to  tho 
act  of  171)t>,  Avhicli  compels  "  all  magistrates"  to  attend  a  general  or 
quarter  sessions,  to  transact  the  "  public  concerns  and  regulate  the  im- 
portant business  of  the  county,"  under  penalty  of  removal  from  olllce, 
and  state  that  from  the  recortl  of  li\-(^  years  it  aj)pears  that  not  more 
tliaii  f//rce  justices  have  u>ua]ly  attended  the  (/ciierdl  sessions  of  the 
peace  in  Halifax,  frequently  but  f/rn,  and  sometimes  only  our.  This 
practice  the  law  does  not  sanction,  but  "was  passed  for  the  exi)res.-5 
purpose  of  ]u'evcnliiig  it."  From  this  it  appears  that  i\Ir.  IJoach  hiivi- 
self  may  sometimes  have  I'ormeil  a  general  sessions  of  tho  peace,  and  then 
of  course  there  "  wt're  no  complaints  emanating  from  or  among"  that  im- 
liiacnlate  body.  "The  ])iib!ic  acconnis  do  not  appear  to  have  been  kept 
in  that  accurate  and  melhodical  manner  so  necessary  to  give  general 
sali^faction.  Xo  clear  views  of  pulilie  income  and  expenditure  are 
exhibited.  A  per-on  de-irous  of  obtaining  information  uiion  one  sub- 
ject, mii-t  mal;e  a  laborious  search  through  coin[)licated  accounts  of 
great  xariely  ami  lenglli.an<l  pei-!ia[)s  through  a  series  ol'  years,  and  may 
at  leiiglii  discovt'r  ihi'  oljecl  of  his  search,  in  accounts  where  it  could 
not  b(.'  expected  lo  be  ibmid.  The  cominissioiK  rs  of  town  [iroperly  have 
not  ke[)t  their  accounts  in  the  manner  contem[)Iated  by  law.     There  was 


TRIAL    FOR   LIBEL. 


59 


no  ront  roll.  No  separate  account  of  rents  n-ceived  and  expenditure.'? 
i'oi-  repairs  was  exliiliited  to  us,  but  nuniei'ous  entries  of  tliis  nature  are 
j)roniiseuously  made  in  aecoiuits  sijjrned  l)y  tlie  County  Treasurer.  ]\y 
these  aeeounls  we  coidd  not  ascertain  wlietlier  all  rents  have  hceu  paid, 
or  what  >inns  are  in  arrears,  or  what  aeeounts  are  outslauding  ibr 
icpairs."  AVe  have  seen  lh(>  evidence  upon  which  the  inaLrislrates 
actpiitted  the  worthy  coinuii<sioiier  l()r  IJridi'well ;  let  us  now  see  what 
the  connnittee  of  council  think  of  that  Mc([uiltal.  'J'hey  say,  under  this 
head,  ''the  alVairs  of  thi<  e.-tahlishuicnt,  and  the  ini[)utati()n  of  niisnian- 
aLicnient  jjenerally  and  pointedly  aL'ainst  one  of  tiie  connnis.-ioners,  was 
made  the  suhjcet  of  a  special  presentment  hy  the  prand  Juiy.  Tiie  ses- 
sions mad<>  in(]uiry  into  the  circumstances,  and  transmitted  to  this  eoin- 
initlee  several  ailidavits  relatinix  to  the  suhject,  without  expi'essinir  any 
opinion  on  them.  The  ailidavits,  and  the  [lapers  connected  tiienwith, 
are  suhmitt(Ml.  As  the  majxistrates  iiave  expressed  no  (lisapprol)atioa 
of  the  eondiu't  of  a  person  unitcvl  with  tliem  in  the  connnission  of  the 
]ieace,  and  deleirated  liy  them  to  superintend  (In.'  alliiirs  of  an  important 
eslahlishment,  the  connnittee  will  refrain  fn,m  statinji;  any  sti-onijer 
opinion  than  an  i  xpn^-sion  of  their  regret,  that  from  the  unsati>factory 
manner  in  which  the  accounts  were  hept,  and  ilu."  alTairs  of  the  l>ridc- 
well  conilucted,  the  jrranil  jury  had  irronnds  of  complaint. 

'"Tiie  accounts  of  ihe  County  Treasurer  ha\e  been  kept  in  so  confused 
and  irrciTular  a  manner  as  not  only  to  justify  the  grand  jury  in  their 
complaint  agains;  him,  hut  even  to  subject  the  court  of  sessions  to  reproof 
for  ])ennitting  an  oflicer  under  their  control  so  long  to  continue  the 
practice  of  making  up  his  accounts  in  a  manner  so  inisatisfactory,  and  so 
little  calculated  to  show  a  clear  .-tate  of  tin.'  pi>cuniary  aflairs  of  the. 
counly." 

Here,  again,  I  feel  that  T  could  rest  my  case,  but  let  mo  beg  yon  to 
bear  with  me  yet  a  little  while.  AVe  have  an  important  duty  to  perforin 
—  let  us  do  it  more  faitld'uUy  than  the  magistrates  have  dout'  theirs. 
"Were  1  only  concerned,  I  would  not  fatigue  you  further  at  this  lat<'  hour, 
but  the  princi])le-;  t(»  be  fixed  by  your  venlict  will  Ix^  important  (o  your 
children  and  to  mine.  AVhile  all  the  ini|n'essions  Athicli  1  liavi'  en- 
deavored to  convey  to  j'our  minds  jiressed  strongly  on  my  own,  this 
letter  came  into  my  hands.  And  although  it  has  since  been  voted  aliltel 
by  the  sessions,  and  has  fm-med  the  groundwork  ol'  that  teri-ible  indict- 
nniit,  I  assur<'  you  it  a|>peared  to  me  a  very  iimocent  atlair.  I  might 
lia\e  said  there  are  somi;  wild  (diarges,  some  loose  calculations  here; 
\'H{  if  this  body  will  cov<'r  up  corruption,  if  they  will  stiile  in<piiry,  and 
brave  censure  year  after  year,  why  let  the  charge  go  to  the  public,  and 


IS    ■ 


!     I. 


I     -I    f 


11 


If 

lis    WJ 


fi 


fi  ■-  ^  •«  fi 


i,''li:i. 


.  ^li-  it 


GO 


TRIAL   FOR   LIBEL. 


pcrlmps  it  mny  arniiso  tlicm  lo  do  :il  tlic  iiintli  lioiu-  wliut  they  ought  to 
Lave  ildiic  at  the  lir.-t. 

The  k'tlcr  cuimiK'Uccs  wilh  a  ([notation  from  Sliak.-peare  : 

"  'riiorc  is  III)  tnitli  at  all  i'  ilic  (ii-ailr, 

'J'lic  scs.sidus  sliall  prDciTd  —  lliis  is  iiicri-  falsclifjoil." 

Ami  surely  I  ooiiM  not  liavc  fancied  tliat  the  nmLri-t rales  wouM  vote 
Shak>iieai'e  a  Hind.  Tiiere  was  one  of  his  characters  tliat  lai^dit  have 
lookeil  a  httle   personal,  that  of  3Ir.  Justice   Shalhnv,  for  some  of  their 


"worsliins  were  .sliallow 


Ik 


enou.Ldi.     l>ul    where   was   'My.   .Iiistice    Deep? 
That  was  a  character  that  even  tlie  IVuitl'ul   imagination  of  the  inimita1)lc 


Ik 


bard  could  not  iiave  conceived.  Oh  I  il  the  commis-ioner  (or  l^ridewc 
or  the  maiiistratc!  who  bore  tlie  resohitioii  of  Tuesday,  couhl  have  sat  to 
tlie  priih.'  of  Avon,  then  indeed  we  sliould  have  had  ]\[r.  Justice  Deep, 
side  Ity  >ide  with  Shallow,  and  a  precious  i>air  of  portraits  they  would 
have  made. 

1  iiave  already  said,  tluit  if  the  alleged  libel  did  not  contain  one  word 
of  ti'uth  —  that  if  it  killed  half  tiieir  woi'ships,  instead  of  merely  exciting 
them,  you  could  oidy  try  me  by  the  motives  and  inteiuions  by  which  I 
was  inlhienccd.  The  law  infers  i>'ulice  irom  the  publication  itself,  and 
it  throws  the  onus  of  rel)utting  that  inference  on  the  party  accused.  To 
rebut  iU  he  mu.-t  ilo  as  I  have  done,  exfjlain  the  reasons  tor  his  coniluot, 
and  sliDW  that  he  was  imiocent  from  ignorance,  or  that  some  public, 
exiixencv  justified  him  in  violating  the  strict  rule  of  law.  J  lave  I 
not  done  so?  Which  of  you.  in  my  situation,  would  have  dared  to  do 
otherwise?  If  th'^  doctrine  of  intention  were  not  clearly  recognized  by 
the  English  law,  and  if  the  jury  were  not  made  the  exclusive  judges  of 
the  circumstances  which  influenced  the  accused,  there  would  be  no  safety 
for  the  })ress,  no  freedom  of  discussion  at  all.  God  forbid  that  I  should 
attempt  to  set  the  press  al)ove  the  law;  society  should  tolerate 
no  privileged  class  that  are  not  amenable  to  it.  1  endeavor  so 
to  ])erform  my  daily  duties,  that  1  can  at  any  time  come  before  a  jury 
and  justily  my  conduct  if  re([uired.  It",  influenced  by  hatred  and  malice, 
I  publi,-h  matter,  the  tendesicy  (.)f  which  is  injurlou-.  and  which  is  justified 
by  no  pul)lic  necessity,  let  me  be  puni.-hed  with  the  utmost  rigor 
of  the  law;  but  if,  in  pursuing  my  lawful  calling,  I  seek  the  public  good, 
even  if  I  commit  an  eri'or  of' judgment,  I  have  a  right  to  protection  from 
a  jury,  and  from  a  liberal  construction  (;f  the  law. 

Starkie,  an  eminent  authority  on  the  kiwof  lilnd,  says:  "The  occasion 
and  circumstance  of  a  communication  may  supply  a  (|ualili.'d  defence, 
dependent  on  the  actual  intention  to  injure.     The  constituting  a  large 


TRIAL   FOR   LIDEL. 


61 


and  fxtcnsivo  barrier  for  the  h^;i\  protection  and  immunity  of  tlio^o  ■who 
act  bona  jhir  and  sincerely  accoi'dini,'  to  the  occasion  and  circnmstances 
in  which  they  are  ]>laced,  is  not  v)nly  jnst  in  a  moral  point  of  view,  and 
advlsal)le  as  a  measure  of  policy,  hnt  is  ali-olnlely  nec('ssary  for 
the  purposes  of  civil  society.  AVrre  the  more  prohahle  efh'ct  and 
tendency  ot'  a  jtuhlication  to  he  the  criterion  of  Lrniit,  without  reference 
to  the  real  motive  of  the  author  and  theocca-ion  and  cii'cum>tMnc('  imder 
which  he  acted,  the  rule  would  1)e  far  too  exclusive  for  the  convenience 
of  mankind,  and  the  evil  resnltiuir  from  the  ])uhlication  would  L'reatly 
ontwei,Ldi  the  opposite  ad vant aires  to  h(.'  derived  from  it.  It  is  indeed 
very  possible  that  a  jKirty,  actuated  by  the  very  best  intentions,  may 
propagate  erroneous  notions,  Imt  so  louuj  as  he  urires  these  opinions 
hinni  Jiifc  and  believiufr  them  to  be  just,  and  intendiuLr  to  do  aood.  his 
errors  are  not  likely  to  prevail  airainst  the  better  sense;  and  judirnu'iit  of 
matdsind  to  a  very  serious  and  prejudicial  extent  ;  and  the  continual  and 
casual  i)ublication  of  erroneous  opinions  camiot  be  ])laeed  in  competition 
with  the  s[)lendiil  advantages  which  flow  from  permitlinc  full  and  fair 
discussion  on  every  subject  of  interest  to  maid^ind.  as  connected  with 
reliirion,  politic-;,  philosophy,  and  moral-.  The  sectn-ity  of  the  public 
in  this  resitcct  is  am|)ly  provided  tijr  by  (^istinp^uishinir  between  that 
which  is  published  with  a  sincere  and  honest  iliouirh  un<ucc(\-;sfMl  inten- 
tion to  do  right,  and  malicious  attempts  to  injun;  society  in  general,  or 
individuals  in  i)articular,  by  profane  blasphemies,  seditions,  or  defamatory 
connnunications." 

And  again  h(>  says:  "  In  reference  to  the  criminal,  as  well  as  the  civil 
branch  of  th<:  subject,  the  occasion  and  circumstances  of  t h<'  comnnmicat ion 
may  furnish  either  an  absoluto  and  ])erem])tory  bar  to  criniinal  responsibil- 
ity, or  a  (lualified  one,  dependent  on  the  particular  motive  .and  intention 
v'th  which  the  party  w:s  actuated  in  making  such  conniumication." 
'  'he  advantages  of  free  and  unrestricted  conununicatiou  on  all  political 
subjects  is  great  and  recip. .  "1;  if  the  j)eopl(>  Iwne  thus  an  opportiniity 
of  lorming  and  expressing  their  oi)inions  on  public  mea-^ures,  tlR)se  who 
administer  affairs  have  also  the  means  affoi-di'il  them  of  becoming  ac- 
quainted with  tliQ  disposition,  sentiments,  and  wishes  of  the  peoph- ;  of 
availing  themselves  of  beneficial  and  useful  sugLrestions ;  of  atlbrding 
ex[danation  and  redress  where  complaints  are  well  foundeil  ;  in  short  of 
securing  that  esteem,  respect  and  confiden<'e,  on  the  part  of  the   jieople. 


which  are  essential  to  an  useful  andvisiorou^  atlministration. 


^^' 


lere 


says  he,  "the  wilful  act  of  publishing  defamatory  matter  derives  no  ex- 
cuse or  qualification  from  collateral  circumstances,  none  can  arise  from  the 
consideration  that  the  author  of  the  mischief  was  not  actuated  by  any  de- 


^-M 


I  : 


.t!i  !■ 
■:;■(: 


K.jr 


-l-l 


62 


TRIAL    FOR   LIBEL. 


lilx.'rato  ami  inulicioiH  iiilciuiDii  to  iiiiiii-c,  Ik-voikI  that  which  is  noco>sa- 


1  I 


I  '    I 


ii 


lis    is   icM-oiiahli 


anu    I'lU'liI 


rily  to  he  iiitriTcd  Ir ihc    act    itscll'."'      Tl 

and  if  I  had  pulilishi'd  liiat  Icllci',  whih   ii<»  coiiiphiiiits  prcvaih'd  au:aiiist 


Ih 


's.-ioiis;   il'  1  wilt'ully  sent  siicli  a  char.^c   abroad,  IiaviiiL;   no  ^.'oud 


gronnd  ll»r  helii'vinir  lha(  it  was  trnc,  and  that   investigation  was   iici-i's- 
i?ary,  llicn  wonld    I   ha\c  irrossly  ovci-stciipcil  liic   line  ol'  my  <hily,  and 


iw.     '•  I>ul,"'says  Slarkic,  "the 
md   rational   IVccdoni  of  i)nblic  dix-iission,  arc  the 


siiliji'ctcd  niy.-cll'  (o  (ill'  |irn;ihi('s  ol'  tiic  I; 
liberty  ol'  iho  |in.~-, 
rral  liohs  ami  bar-  by  wiiich  alone  deprethitors  on  thi;  religions   and   po- 
litical riiiiits  ol'  .-ociely  are  (o  be  .-Iml  out,  and  the   interests  ol'  the  eoni- 


inunity  pre-erv(,'( 


1.     To  .1. 


troy  liiese  avou 


Id 


in  a  nolitioiil  sense,  to 


sleep  witli  the  doors  unliolted,  without  the  jioor  consolation  of  being  able 
to  hann;  the  thiet'."' 

In  the  trial  of  Periy,  the  Attorney  fleneral,  in  his  o|)ening  to  the 
jury,ob.-erved:  "  From  the  bench  you  will  hear  laid  down  from  the  most 
respectable  authority,  the  law  wiiich  you  are  to  apply  to  those  laets. 
The  right  of  every  man  to  repre.-ent  wliat  he  may  conceive  to1)e  an  abuse 
or  grievance!  to  the  govei'nmenl  of  tin,'  country,  if  his  intention  in  so  do- 
ing be  honest,  and  the  statement  made  ui)on  fair  and  open  grounds,  can 
never  for  a  moment  be  (|uestione(l.  I  .-hall  never  think  it  my  duty  to 
l)rosecute  any  [)ersoii  for  writing,  |iriniing,  and  publishing  I'air  and  candid 
opiifions  on  the  system  of  the  government  and  constitution  of  the  coun- 
try, nor  for  pointing  out  what  Ik;  may  hone-lly  conceive  to  be  grievance?, 
nor  for  |iropo.-ing  legal  means  of  redres-."  It  has  often  been  thought 
fcitrange  that  truth  should  be  a  liliel.  but  il  is  very  n^isonable  notwith- 
standing. If  a  man  throws  a  cup  of  coil'ee  in  his  ■wife'-  i'aee,  and  I  j)ub- 
li.-h  that  in  a  newsjiaper,  though  it  may  be  ti'ue,  yet  is  it  libellous,  be'canse 
there  is  no  public  end  to  be  served,  ami  I  have  no  riuht  to  invade  the 
sanctity  of  piivate  lii'e. 

Erskine,  through  whose  px(M-tions  the  declaratory  .net  was  passed,  con- 
firming the  i-ight  of  jurii-i  lo  decide  on  the  law  and  the  fads,  and  whose 
views  of  the  true  bearing  of  the  law  of  lilxd  are  now  generally  recog- 
nized, says  in  his  defence  of  the  Dean  of  St.  Asaph:  *•  I  come  now  to  li 
j)oint  very  materia!  lor  youi'  coii-ideralion  ;  on  which  even  my  leai'ned 
ii'iend  and  I,  who  are  Iirought  here  foi'  the  express  |iiu'pos(;  of  disagn.'C- 
ing  in  every  thing,  can  avow  no  diirerence  of  opinion  ;  on  which  Jmlges 
of  old  and  of  modi'rn  times,  and  lawyers  of  all  interests  and  parties  have 
ever  agreed  ;  namely,  that  even  if  this  innocent  pape'r  were  admitted  to  be 
a  lilx'l,  th(.'  publication  would  not  be  criminal,  if  yiju.  the  jury,  saw  rea- 
son lo  believe  that  il  wa<  not  pulilisiied  by  the  l)(_'an  witii  a  criminal  in- 
tention.    It  is   true,  thai   if  a  paper  coatainuig  sedilioud  and  libellous 


TRIAL    FOR   LIGEL. 


63 


maitcr,  1)0  piil)lislio(l,  tlio  jMiblislicr  is  prima  fur.io  guilty  of  soilition,  tlio 
bail  iiitciitioii  hciiiLC  a  loirul  inference  from  tlic  act  of  |)iil)lisiiiinx ;  Imt  it 
is  cMiiially  true,  tliat  lie  may  rei)nt  lliat  iiiferdnco  by  siiowimr  lliat  \w.  jmb- 
li?liL'(l  it  iimoceiitly."  Have  1  iiol  in  this  case  utterly  demolislied  the  Icjifal 
inference?  And  airain,  says  Ki-,-kine,  in  tlie  lantinage  of  all  the  law 
books:  ''  The  hostile  mind  is  the  crime  which  yon  an;  to  decipher."  lias 
my  mind  been  hostile?     When;  is  (he  proof  of  malice? 

Sir  dames  ^lackintosh,  in  his  defenc(!  of  I'eliier,  says:  "A  jnry  must 
be  convinced,  befon,'  ihey  liml  a  man  Lniilty  of  libel,  that  his  imentioii 
was  to  libel,  not  to  state  liicts  which  he  believed  to  lie  true,  (.r  ri'a<ouinss 
■which  he  thouirht  ju^l."  He  further  declares,  that  "This  is  the  only  of- 
rence  where  severe  and  fivquent  jtimishments  not  oidy  intimidate  the 
innocent,  but  deter  men  from  meritorious  acts,  ami  from  reiideriiiir  the 
most  important  services  to  their  country;  ihey  indi-jiose  and  dis(|nalify 
men  i'rom  the,  mo>L  important  (bities  which  they  owe  to  mankind.  To 
inform  the  public  on  the  conduct  of  those  who  administer  pid)lie  affairs, 
requires  couraire  and  conscious  -ecui'ity.  It  is  always  an  invidious  and 
obnoxious  odlce,  i)Ut  it  i.^  oiien  the  most  necessary  of  all  pid)lie  duties. 
If  it  is  not  done  boMly  it  cannot  be  done  effectually  ;  and  it  is  not  iVoni 
writers  tretnblinir  under  the  uplii'ted  scourire,  that  we  are  to  hope  for  it." 

There  is  a  pas>  igo  in  ("urran'-  <lefence  of  Hamilton  Rowan,  that  ap- 
jdies  so  slroiiii;ly  to  this  case,  that  I  may  be  ]iardoneil  for  (|iiotin:L^  it  : 
"And  here,  _!j;entl(.'men.  I  caiuiot  but  reirret  that  one  of  our  countiyinen 
should  be  criminally  pursue(l  for  a--erlinLr  the  necessity  of  reform,  at  a 
moment  when  that  necessity  seems  admitted  by  (he  ])arliam<'iit  itself;  that 
this  same  unhappy  relijrin  >hall  at  the  same  moment  be  u  subject  of  V'^- 
islative  ilix-iissicjii  and  criminal  prosecution.  "Who  can  avoid  feeliii'^  the 
deplorable  impression  that  must  be  maile  on  the  public  mind,  when  the 
demand  for  that  reform  is  answereil  by  a  criminal  information."  T  will 
not  declaim,  c^entlemen,  on  the  value  of  free  discussion,  but  I  will  (rouble 
you  eu  this  head,  with  one  other  extract  from  this  speech  of  (he  Irish 
orator.  After  alludin<r  to  (he  eifec(s  of  lli(>  penal  statutes,  he  a<k-;. — 
'•  "What  then  remain-;  ?  Only  the  liberty  of  the  pre-s,  that  >acred  pal- 
hidium,  which  no  iniluence,  no  jjower,  no  minister,  no  government,  which 
nothing  but  the  depravity,  or  folly,  or  cijrru|ition  of  a  jury,  can  ever  de- 
stroy. And  what  calamity  are  the  jieople  saved  iVom.by  having  a  public 
comnumication  lel't  open  to  tlaMn  ?  I  will  tell  you,  gentlemen,  what  they 
are  saved  fi-om  ;  T  will  tell  you  also,  (o  what  both  are  exposed  by  shut- 
ting up  that  communication.  In  one  case  sedition  speaks  aloud,  and 
walks  abroad;  (he  demagogue"  (doubdess  the  sessions  l)eli<'ve  me  to  1 1' 
one.)  '•  goes  forth,  the  i)ublic  eye  is  upon  him,  he  frets  his  Imsy  hour  upon 


]'i 


;i . 


n 


-  ■  t- . 

,  t 


'■'  y^A 


,,,11 


i 


I    I 


ill' 


64 


THIAL   FOR   LIIJKL. 


tlic  stii^rp ;  l)iit  .soon,  ciilicr  wcMi'Iiir-,-;,  or  lii'ihc,  or  |»uiii.>liiiK'nt,  or  disai)- 
pointinciit,  I)(  ill"  liiiii  (low II  oi-  iliivc  liiin  oil",  nml  Ik;  iipprars  no  inori'.  In 
tlic  oilier  ca^c,  how  docs  the  work  nl  sedition  go  forward?  Xiudit  after 
nitdit  the  iniillled  rehel  steals  forth  in  the  dark,  and  easts  another  and 
another  hrand  upon  the  pile,  to  whieh,  when  the  hour  of  fatal  maturity 
shall  arrive,  he  will  apply  the  llaine.  ]f  yon  doiiitt  of  the  horrid  consc- 
(pienees  of  suppressing  the  ellii.-ion  of  even  individual  discontent,  look 
to  those  enslaved  eoiintriis  where  llw  [)roteetion  of  despotism  is  supposed 
to  he  seeure(l  hy  such  restraints  ;  even  the  person  of  ihc.  despot  is  never 
there  in  salety.  X<'itlier  the  fears  of  the  despot,  nor  tin;  machinations 
of  the  slave,  have  any  shimlicr;  the  one  anticipating  tlai  moment  of 
peril,  the  other  watching  the  o|)portunity  of  aggression.  The  fatal  crisis 
is  equally  ii  surprise  upon  hoth  ;  the  decisive  instant  is  precipitated  with- 
out warning,  hy  folly  on  one  sitle,  or  hy  frenzy  on  the  other,  and  there 
is  no  notice  of  the  treason  till  the  traitor  acts." 

In  looking  into  Hone's  trials,  1  was  annised  with  a  verse  or  two  of  one 
of  his  parodies,  (o  the  sentiments  of  which,  after  the  labors  of  the  day,  I 
think  we  shall  all  respond :  — 

"  ri'iim  taxes  iisscssi.'(l,  now  niisoil  at  a  noil, 

While  ins])i'(t()is  riiK-  o'er  us  with  thiir  iron  rod, 
Ami  I'Nlieet  lioinaixe  paid  tliem  like  sonie  (h'nii-;^''od, 

Good  J^ord,  deliver  us  ! 

"  From  a  workliniise  whovo  iinuLrer  and  [loverty  rage, 
i\nd  distini'tion's  a  stranu'cr  to  liirih,  sex  or  a^^e  ; 
Lame  and  Idiiid,  all  must  work,  or  he  e()o|)'d  in  a  cage, 

Good  Lord,  deliver  us  ! 


•II     ! 


"  Trom  six  in  a  hcd  in  those  mansions  of  woe, 

"Where  notliiiii;  hut  heards,  nails,  and  vermin  do  grow, 
And  from  [)ieking  c>f  oakum  in  cellars  helow, 

Good  Lord,  deliver  us  ! 

"  From  sti<kiiiL;>  of  heef,  old,  wither'd  and  touj;h, 

IJri'ad,  like  saw-dust  ami  hraii,  and  of  that  n(jt  enough. 
Ami  searcely  a  rag  to  cover  oiu*  iiull'. 

Good  Lord,  deliver  us  !  " 

The  wonl  oakum  reminds  me  of  some  other  Inxm'ies  which  may  be 
enjoyed  by  commissioners,  in  virtue  of  the  j)atr()nag(^  t'ley  possess.  Ijut 
I  will  not  exjilore  tlu!  recesses  of  the  oakiim-rooins  ;  they  have  not  spared 
me,  l)Ut  I  shall  be  magniinimous,  ami  have  some  mercy  n[)on  them. 

I  had  marked  many  otlu'r  passages,  expressive  (•!"  the  opinions  enter- 
tained by  the  most  eminent  liriti.-h  authorities,  of  the  services  rendered 


,    « 

1     r 

, 

f 

;j 

1 

^J 

^ 

TRIAL   FOR   LIBEL. 


C5 


by  iho  iiros-!,  nnd  flio  l)OiK'fits  of  free,  discussioii.  I  liad  also  proparod 
many  rcH'ivnccs  illustrative  of  tlKJsc  priiicipk's  of  law  which  I  havo 
ali'i'aily  statrd,  ami  which  show  with  how  iniich  care.  th(.'  |»n'ss  has  liccii 
prottM'lcd  hy  tho  spii'it  and  pi-acticc  of  the,  law  in  modern  times.  liiit 
niLrhl  is  closiiitj;  npon  ii',  and  I  have  already  trespassed  hirL'ely  on  yonr 
])atience;  I  shall,  tliei-ellire.  conclude  Avilh  a  hrief  notice  of  the!  ease  ot 
the  Kinji  r.v,  Keeves  ;  on  an  e.r-ojjlrio  information,  for  n  lil)el  on  the 
Constitution  :  — 

'■ 'I'lie  Attorney  (leneral.  in  his  openin;jr.  stated  that  this  information 
liail  been  tiled  hy  him  hy  the  direction  of  His  iAIajesty.  in  conse([nence 
of  an  address  of  the  iIon-(>  of  Connnons  to  him  for  that  pnrpose.  The 
House  had  re^oh  ed  it  f(»  I)e  ;i  malicion-,  scandalons,  and  seditions  lilxd, 
tcmlinL''  to  create  jealousies  and  divisions  am(jnii;st  His  Majesty's  lieire. 
sul)jecls,  and  to  alienate  the  ailections  of  the  people  of  this  coiujtry  from 
the  Conslilution  ;  pursuing  this  resolnlion,  charLred  the  defendant  with 
an  intention  to  cause  it  to  be  helievecl  that  the  regal  power  and  govern- 
ment of  this  realm  might,  consi.stenliy  willi  the  freedom  of  this  realm 
as  hy  law  e.-tahlished,  he  carrieil  on  in  all  its  fimctions,  though  no  Par- 
liaments were  holdeii  ;  and  th(3  fourtii  eoniU  stated  that  il  was  <lone  with 
intent  to  bring  tli(!  power  of  the  two  Houses  of  Parliament  into  con- 
tempt. The  (piestiou  for  the  opinion  of  the  jury,  he  sai<l,  was  whether 
the  defendant  hail  published  this  Ixxik  with  the  criminal  intention  charged 
in  the  information.  It',  on  reading  the  whole  of  the  pamphlet,  the  jury 
should  be  ol'  that  opinion,  il  was  their  <luty  to  find  the  defendant,  guilty; 
bat  if,  on  the  other  haml.  they  should  think  that  this  was  a  mistaken  ex- 
ecution of  a  good  purpo-e,  the  defendant  was  entitled  to  an  acipiittal. 
He  ditl  not  call  for  a  vei'dict  upon  an  inaccurate  expression  or  ill-con- 
sidercil  argument,  if  usecl  with  a  good  purpose. 

''  Plummei-,  Ibr  the  det'endant,  argueil  the  merits  of  (he  j)am|thlet  at. 
oonsideraltle  lengih,  contending  that  the  l)ooU  was  pul)lishe(l  for  a  good 
purpose,  to  counteract  republican  ]»riuciple-;,  and  that  lh(>  defendant  was 
woi'thy  of  pi-aisi'.  and  not  of  censure,  tor  the  publication. 

'■The  Alloi'ney  (ieiieral  replied. 

••  r.oi'il  Kenyon  said  that  tlie  power  of  free  dI-;cu--ion  was  the  right 
of  every  subjecl  of  this  eounlry.  It  was  a  right  to  llie  iair  exercise  (»f 
wliicii  we  are  indelited  more  than  to  any  other  that  was  ever  claimed  liy 
KnglisJnnen.  ^\ll  th(,'  bles-iiigs  we  at  present  enjoy  might  i)e  ascrilx'd 
to  il.  Il  o|)ened  the  way  for  tlie  reformation,  and  afterwards  for  the 
revoliuiou.and  by  its  means  were  men  emancipate<l  from  religious  slavery 
in  llie  one  ca-e,  and  the  tyranny  of  the  Stuai'ts  in  tli(^  other.  When 
right  was  a!>used  and  excrescences  aro>e,  they  might  be  lop])ed  off,  Ivut 
(1* 


'I  If 


il"^  i 


t    ,1 


ii! 


GG 


TltlAL    rOR    I.lIiKL 


!il  llir  sMiiic  time,  ill  ii  fill'  (■(Hiiilry  liUf  <'iir».  llii'  |iriiiliicii(iii-;  (if  ;i  puliii- 
(':il  iiiitlidi' ."lioiilil  iidl  lie  |(in  linnlly  (U'idi  willi.  In  llii<  cniinii'v  aili  Irnd- 
iilit  cniiM  iic\cr  1m;  crii-litd  liy  tlic  iiiiiiic  ol'  lii-^  |ii(i»('('iiinr.  liowcvci' 
f^rcat  lliiil  iiaiiic  iniirlit  lie    'I'liis  was  iiol  llic  lirsl  iiro-rciiiidii  (•(iiiiiiunccd 


iiiidcr   tlic   dirci'lidii  of  llic    Ildiisc   of  Cmiiiiiiihis  wldi-li   liad   I'ailc 


li 


llic  Killer  rs.  Sl()(lvdal(!  the  House  of  C'oiniiioiis  wcri'  also  prosecutors, 
Iiiil  (lie  dri'ciidaiit  ill  tluit  case  was  imt  wci;,dird  down  ]>y  ilic  wci;:lil  ot' 
ilio  ]iros('('iilioii,  nor  did  ihc  jury  hold  lliriii'clvcs  lioiind  lo  find  tin'  puli- 
liciUioii  ii  lilK'l  because  tlic  House  of  ('oiiiinoiis  had  voted  it  lo  \n\  such. 
JMie  jury  were  in  that  case  advised  lo  read  tin;  whole  of  the  book,  and 
from  the  whole  taken  to;_'etlier,  to  decide  on  the  delin(|ueni"V  or  innocence 
of  the  defendant.  AlthoiiLdi  the  jury  an;  to  form  their  JiidLrmeiit  u|ioii 
the  |iarliciilar  passage  staled  in  the  information,  they  may  compare  that 
with  the  whole  book,  and  see  how  it  is  ([iialilied  by  it. 

'•Till' Jury  were  out  a  considerable  time,  and  afterwards  returned  to 
:he  bar  and  said  that  they  were  of  opiniitii  that  the  i>ainplilet  was  hiudily 
improp<'r ;  but,  nevertheless,  thoiiirht  that  the  defendant  was  not  actii- 
ited  liy  a  bad  motive ,  and  therefore  found  him  not  guilty.  Lord  Iveiiyoii 
said  he  approved  oi'  the  verdict." 

Here  then  you  see,  gentlemen,  that  llu;  wlioh;  gist  of  the  oirenc<'  was 
the  defendant',-'  intention,  and  you  see  the  doctrine  ailmitted  in  its  fullest 
extent  by  the  crown  oilicer,  the  judge  and  the  jury.  You  see  also  the  noble 
spirit  of  independence,  the  linn  and  unbending  integrity,  which  di.-lin- 
guish  an  Kngli.di  court  of  justice.  There  an  imiocent  man  was  pro- 
tected by  tl;e  law  against  the  whole  j)ower  of  the  House  of  Conunons,  as 
your  verdict  will  protect  me  to-day  against  the  ])ersecution  of  the  s(;s- 
^ions.  Without  this  doctrine  ol'  intention,  the  law,  instead  of  being  a 
])arental  guardian  of  the  press,  jirotecting  its  lawful  acts,  and  checking 
its  abuses,  would  be  a  tyrant  l)indiiig  it  with  chains. 

It  has  l)eeii  said  by  the  eloipu'iit  ^lackintosh,  "That  an  I'^viiglisli  jury 
is  the  ino<t  refreshing  prosp(;ct  that  the  eye  of  accused  innocenci;  ever 
met  in  a  human  tribunal."  I  I'eel  this  day  that  the  sentiment  is  just. 
An  l^iigli~h  jury  will  do  justice  to  the  ])oorest  wretch  on  earth,  though 
menaced  liy  the  proudot  ppressor.  The  victim  may  be  liound.  and 
prepared  for  sacrifice,  but  an  J'Jigli<li  jury  will  ca>t  aroiiml  him  the  im- 
penetrable shield  of  the  llritish  law.  Cieiitlemeii,  1  feel  tiiat  your 
verdict  will  rescue  me  from  the  perils  with  which  1  have  been  environed. 
You  will  not  deii\er  me  over  to  iIk;  tender  mercies  ol'tlie  sessions.  Vou 
will  tell  these  jobbing  justices  that  they  should  have  come  into  court  with 
clean  hands  ;  that  they  should  have  "  set  tiieir  house  in  order"  —  their 
I'oorliouse  and  their  "Workhouse,  before  they  came  to  claim  a  verdict  te 


TRIAL  I'on  I. una,. 


07 


n'lrnii"  lliiir  I'dtti'ii  rcpiitatioiH.  You  will  imt  send  mo  lo  serve  iIh'  cmn- 
inisi^ioiii'f  (if  r.ridrwell,  nor  |ii'riiill  lluni  lo  iiiaUi'  me  ilw  fnvt  teiiiint  of  liic 
stocks  lliry  ereeled  in  the  m;irkel-|pl;i('e.  lull  lirvcf  liavr  used. 

I  tlioii:_dit  ol"  y::illii'i'iii^'  t'roiu  tlie  iirwsjiMpcr  tiirs  the  viirious  atliK'ks 
that  ha\t^  heeu  made  IVom  time  to  lime  upon  the  se^-ioiis  and  ihcir  olli- 
cers,  ill  order  to  exhiliil  to  you  tin'  ^.n'aduai  swell iutj  of  this  volume  oi' 
aliuse  ol'  which  their  woi'>hi|is  coiuplaiu.  The  la-k  would  ha\i'  liccii  au 
amilsinu;  oiu',  and  alllioii;_di  it  would  jirovc  thai  my  |iers('culors  had  Ixi  n 
I'oi"  years  deal"  to  the  complaiuls  of  the  eoiumiuiily.  aud  had  ouly  hccouii' 
siiddeuly  seu-ili\(',  when  they  thou,:ilil  the  whole  mi;,dit  he  answered  \>y 
a  liill  of  iiidietmeul,  the  process  wouM  liavc  been  tedious,  and  1  have 
alreadv  taken  no  too  much  of  voiii'  lime. 

(ienllenieii.  I  have  thus  !,'one  over  ihe  facts  that  rested  on  my  mind  at 
the  lime  I  pulilishe(l  the  allcLred  lihd  ;  1  have  shown  the  hearing;  and 
depth  of  the  impi'essions  they  made  ;  aud  have,  I  tru>t,  convinced  you, 
ol'  the  entire  ah-eiici'  of  any  malicious  molivc.  I  liave  also  >laled  to  you 
uhal  1  helieve  to  he  the  >ouud  aud  rational  cou>lrucliou  of  the  MuLili.-h 
Jaw;  and  I  have  read  t(»  you  the  eulo^iuins  which  Uriloiis  oii  the  oilur 
side  of  the  Allaulic  have  |ia<-ed  on  ihe  value  of  the  pre--;.  I  now  put 
it  to  you,  whether  you  will  not,  as  an  l-JiLdi-h  jury  would,  take  all  the 
circum-tances  of  the  casi'  into  con-ideraliou  to  reliut  the  lepd  inference 
ol'  malice  ;  and  I  a.-k  you,  if  you  will  not  extend  to  the  press  of  your 
eounlrv  the  ^ame  I'ational  proteeiion  which  the  liriti.-h  press  enjoys? 
Can  yon  ei'r.  in  following  the  example  of  that  country,  which  luH  heen 
so  lon.u'  the  home  ol'  liherty  ;  whoso  iiohle  institutions  have  heeu  the 
fruits  of  \'vw,  discussion,  ami  under  whoso  hamier,  and  whose  laws,  we 


iw 


i-;i> 


uen  :  warmed  iiv 


1  1. 


are  now  assemldeil  '?  I  do  not  ask  yon  lo  set  the  press  ahove  that  1; 
Avhicli  ( 'oke  calls,  ••  the  perfecliou  of  i-ea-on  ;"  hut  I  a>k  you  to  cleai 
me  in  thai  wholesome  stream  of  IJritish  aulhorilies  revered  at  home', 
and  impai'tiu!:;  its  heiievolcnt  and  inviguratinir  inlluence  to  the  most  di-t- 
aut  portions  of  the  empire. 

AVill  you,  my  eountryinen,  the  descendants  of  these  i 
their  blood;  iidieriliug  iheir  lauLiuaire ;  and  havin,^  tin;  priueiiiles  for 
which  they  struix,!^led  oonlided  I.)  your  care,  allow  them  lo  be  violated  in 
your  hand.-?  AVill  you  permit  the  sacred  lire  of  liberty,  brouLrht  by  your 
fathers  from  the  veueruble  temples  of  Uritaiu,  to  be  quenched  and 
trodden  out  oil  the  simple  altars  they  have  rai>ed'?  Your  verdict  will  be 
the  mo^t  important  in  its  eoiiseiiuences,  ever  delivered  befon.'  this  tribu- 
nal;  aud  I  conjure  you  to  judu;(!  me  by  the  principles  of  Isutilish  law. 
and  to  leave  an  unshackled  press  as  a  legacy  to  your  children.     Yuu  re- 


>  « ■:■    ii 


■ip  W 


f     w 


Ill 


il    I. 


,:,? 


GS 


TniAL  ron  r.inrT, 


mciiilH  r  till'  |)r('--i'lii  your  luiiii-;  of  coiivivulity  niul  luirlli  —  di  I  <1<»  not 
«I('-fi'(  it  ill  llii-i  it-;  diiy  nl'  iri;il. 

l\  I'nv  M  iiKiiiii'iil  I  cniild  faticy  tli.'it  your  vmlicl  would  stiiiii  iih-  with 
criiiH'.  traiii|»  my  n'soiirccs  hy  (iiif-',  iiml  ca-l  my  liody  into  |iii<oii,  even 
llini  I  wdiiM  ciidi'iiNor  to  sctU  fl-cwlicrc  for  coii^oliilion  and  sii|i|inrt. 
ICvcii  tlii'ii  I  would  not  di'-crt  my  iiriiiciplr-;,  nor  aliandoii  tlir  palli  liiat 
llio  f:nii'i'(iii>  iinpiiNcs  of  yonili  i-(  Icctcil.  and  wliicli  my  rijirr  Jnd'.niicnt 
HiUicti(»ns  and  approve-;.  I  WMiild  toil  on.  ami  hope  for  lullrr  tinir<  — 
till  the  priiH'ipIcs  of  Mritl-li  lihrrty  and  UrilMi  law  had  Iiccniin'  more 
{fiiirrally  diU'ii-cd.  ami  Iiad  llirccd  tlicir  way  into  (lie  licarts  of  my  conii- 
trynii'ii  In  lli"  mean  liiiit'  I  would  cndcaNor  to  u'lmnl  ilicir  inlcrf-t--  — 
to  pidlrct  tlirlr  lllicrtlr-; ;  aiwl,  wliili'  I'rovldi'iu'r  lint  mo  liialili  and 
strcm.Mli.  till'  iiidi'pcndriicr  of  tlir  pp'--;  should  nr\cr  lie  violaii'd  in  my 
liamls.  Nor  is  llurr  a  livin^j;  thing  liriuaili  my  roof  that  wonld  not  aid 
iim  in  this  ,-triij:,i:lr  :  '  .  wife  wli(»  sits  l>y  my  (irc-ido;  tin-  children  who 
play  around  my  hearth;  the  (H'phan  hoys  in  my  oHicc.  w lioin  it  is  my 
]>i'ide  and  plc.a-iirc  to  instruct  from  day  to  day  in  the  ohliL'ation^  'l"'y 
owe  In  their  profcsslnii  and  iheir  coiiiilry.  would  never  sailer  the  pi'css 
to  he  wounded  throii:jh  my  side.  We  would  weai-  the  (oar-e-i  raiment; 
Ave  woulil  eat  the  |ioorc~l  tiiod;  ainl  crawl  at  iiI.L'hl  Into  the  \erle-t  IkpvcI 
in  the  land  lo  re-t  our  weary  limits,  hut  cheerful  and  iindannled  hearts; 
jmd  the-e  johhini,' ju-tices  should  feel,  that  one  frnij'al  ami  united  family 
coiihl  withstiind  their  jicr-ecntlon.  defy  theli-  power.  an<l  maintain  the 
freedom  of  the  jirc^s.  Yes,  crenlleiui'ii.  come  what  will,  while  1  live, 
IS'o\a  Scotia  shall  have  the  hle-sinix  <il  nn  open  and  nn-hackled  pi'e^s. 
liiit  yon  will  not  put  me  to  ^iich  straits  as  these;  you  Avill  send  me  liomt' 
to  the  ho-om  of  my  family,  with  my  conduct  s!mctione(l  and  jipproNcd ; 
your  \erdict  will  eiiLMali  upon  our  .-oil  those  iiivaluaiile  principles  that 
ai'c  oiii'  he-t  security  and  (,el'eni"e. 

"^  oiii-  \erdli'l  will.  1  trust,  l^o  tar  towards  curlnir  many  of  the  evils 
■which  wo  lia\o  heeii  c(impelleil  lo  re\Ie\v.  A\'ere  you  ti>  condemn  me, 
the.«e  men  would  say  there  is  no  truth  in  iho-e  cliarircs.  there  is  im  lilnjr 
■wroiii;'.  and  matters  would  conllnne  in  the  old  lieatcn  track.  If  yoii 
aofpiit  me.  as  I  lru>l  yon  will,  ihey  nm-l  fni'iii  llieni-elves  intoacoiirl  of 
inquiry    for   -'•If-refoinialion  ;    they   nni-t    drive   out    fiom    ainon'i  'hem 

tho-e  men  who  hrliiir  dl--rrai n    iheii'  r  ink-,  and   mischief  on  liie  cmu!- 

inimlly  in  which  they  re-ide.  Ihil,  Lrcntlenieii.  I  i'earlcssly  consiii!!  my- 
self, and  what  is  of  mon-  cdii-eipienee,  vdur  coiiuIit's  jircss,  into  your 
liands.  I  do  not  a>k  lla-  the  Impiinlly  which  the  American  press  enjoys, 
though    its  greater   latilude   is   defended  hy   ihi'  opinions  of  ChaiiccUur 


n 


TniAL   FOR   LIIIKL. 


C9 


K.'iii ;  Iiiit  ;:ivf'  inf  wlint  a  I'ritisli  «iilij('ct  Iia-;  a  ri^'lit  to  claim  —  imparlial 

jii-licc.   ailiiiiiiI»li'iT(l   Iiy  llio-c  |iriiii'i|ilc«  (if  lln'    |'"<M;.'li-li   law  lliiil   niir 

l(>l'('talli(  rs  lixrd  iiml  have    licqiiiMllli'il.       I,r|   not    tin-  >nli-.  nl'  till'   Ui  iii'ls 

loo!;  aci'(i'^'<  tia.'  Imnlrr  to  the  .-uii^  of  ili*'  Loyalists,  ami  iciuoacli  tliciu 
tliat  ilnii-  |ii('»s  i-<  no!  frci-. 

If  I  \vi-li((l  to  111-  tricil  liy  }oiir  syinpalliii",  T  ini;j:Iit  safi'ly  apinal  to 
you,  ulio  lia\(>  known  nic  fi-oni  my  t-Iiiidliooil,  and  a>k  if  yon  cvri'  liiinid 
inalit'i'  in  my  heart,  or  .ordliion  in  my  hand-?  My  pnlilic  life  i-*  licfori- 
you;  and  I  know  yon  will  lirlirvc  nii'  when  I  -;iy,  lliat  wln'U  I  >il  down 
ill  solitude  to  the  hdior-  of  luy  piol(--iiMi.  llie  only  (ine»lion>  I  a-k  niys(df 
ai'e.  \\'liat  is  ri^'hl  y  What  is  ju-l  ^  \\'lial  i>  ll.r  the  puldie  ;r(,ni|>  f 
am  ol' no  party;  Iml  I  hold  that  winn  I  am  performing' iny  duly  to  tin.* 
coiuiliy,  I  am  :-ineerely  doiiiLT  that  which  I  enna^ed  to  do  when  I  took 
the  pre.-.s  into  my  hands.  You  will  hear  the  Attorney  ( leniial  clo>e 
tlii.s  case  on  the  part  of  the  crown,  hut  do  not  allow  your-idve-  to  he  won 
liy  his  e|o(|U(uee  from  the  plain  I'ael-  and  -imple  principles  I  have  ,-laled. 
J  mn-l.  liowe\er.  do  thai  gentleman  (he  jn^lice  to  ackiiowleil;fe,  ihal  in 
the  condiii'l  of  this  prosecution,  I  lia\i'  received  nothing  hut  courtesy  at 
liis  hands.  A>  an  ollicer  of  the  crown  he  is  hound  to  periiirm  this  jaili- 
lic  duly,  iml  I  well  know  that  persecutions  of  iIk!  pre.-s  are  little  to  his 
ta-le.  When  urL'ed  at  times  Iiy  memliers  of  lla^  Asscnihly.  over  which 
ill  his  capai'ily  of  Speaker  he  presides,  to  re-eiit  attacks  made  on  that 
hody  in  The  Novii  Scotian,  his  aii>wer  li;is  invariahly  Iteeii  :  "No!  let 
the  press  alone  ;  if  we  cannot  sland  a.L^•linst  ils  a^^aiilts,  we  deserve  to 
I'all."  That,  I  donhi  not,  would  have  hecii  his  advic<'  to  the  iiiajristratcs 
liail  ihiy  dei^riied  to  consnll  him.  IWil  oh  I  had  1  his  powers  of  oratory, 
how  1  could  have  set  this  ca.-c  hefore  you  ! 

"  Were  I  Unitiis 
Aiiil  r>riiiii>  Aiiiliiiiiy,  ilicrc  were  mii  Antlieiiy 
That  .-iioiilil  move  ilio  very  stuni.'s," 

not  of  Ilalifa.v  to  niuliny  and  sedition,  hut  the  hrokeii  .■clones  in  Bride- 
Aveil  to  lau;ihter  and  to  >corii.  'I'he  liuhl  of  his  peiieti'atiii;f  intellect 
would  have  revealed  the  ilarkest  recesses  of  municipal  corruption;  iiiid 
•with  the  hand  of  a  iiiiisler,  he  would  have  sk(.'tched  the  portraits  of  tlie.->e 
jolthinLT  justices,  and  hanging;  them  around  the  wtiUs  of  Uridewell,  would 
have  damned  tla'tii  to  imperi>hal»le  renown. 

To  the  gentlemen  of  the  har,  who  surround  me,  my  thanks  are  al-o 
due.  They  Iiave  syinpalhi/.cd  with  the  press  in  this  its  day  of  persecu- 
tion; they  have  sent  me  hooks,  and  volunti'cred  assistance  ;  and  althouuli 
the   press  .sometimes  bears   ii[)oii   them,  those   who  are  and  will  be  the 


.ii 


m 


<  >i 


■■1 


m 


TItlAI-    FOR    LII!i:i, 


1)ri'/lit('>f    (iiMiMinciit-  (if  llif    iii'(>rr--i(ii!.  Ii;i\  (■   liciii    iiunt    lorwiinl    in  i^n- 


I 
.1'': 


*f 


i 


iil 


oniiu'  ti)  sii>l;im    1 


(Icav 

(liscu-sioii  ;  lli<'v    Uiiow 


I.     Til 


cir    >tllillr>    Ic.-icll     llirm    llli'    V.'lllH'    el     i  rcc 


llir    (i!tliir;itiiiii~    wliicli    l-^ii'ili.-liiii 


I'll    nWC    lo    llic 

press;  ;iii(l  tlicy  well  know,  tlinl  ;is  tljc  -ciMiritics  (if  lilc  aiut  pi'ojwi'ly 
wri'c  >lrcnLMlirii((l  ]\y  ii-  inlliKiu'i',  .-n  wdiild  llu'j  1k'  dcstnijcil  Ijciiealh 
its  I'liiiis. 

( Jiiillcincii.  T  iiiii-t  apiiliiLrizc  (iir  llic  lime  \vl:'h'li  I  lia\c  (icciipicd.  and 
for  llic  cn'ois  and  iin]i('i'f't'('ti(ins  dl'  ihis  di'l'mci'.  IJiit  I  now  h-nxc  it  in 
vonr  iiand-,  conlidrnt  lliat  yon  will  discliai'L^c  }<nii'  dnly  ami  do  nic  Jns- 
tice.  I  liavc  iicNcr  ,-hnnik  IVoni  r(~|ion-iliilily,  and  I  would  aijain  I'cniind 
yon  thai  I  would  rallicr  lie  (•t\>[  into  a  pi'i^on  for  years,  than  meet  you  in 
al'lei'  life,  to  re|)i'oaeli  ine  with  haviiii;'  mi-leil  you  tlii-  day  liy  I'alse  state- 
nionls  of  fact  oi-  Ian-.  I  have  not  done  so,  and  I  fe(d  that  I  am  entitUid 
to  your  vei'(lici.  The  jiress  has  constantly  \  imlieated  and  maintained 
the  indi'|iendciiec  of  juri"s  ;  MuLdi^h  juries  ha\i'  lieeii  the  .-teady  friends 
and  protector-  of  the  piM'ss  ;  and  I  now  commit  iny.-clf  and  the  ]ire>s  of 
?s'o\;i  Scotia  to  yoni'  ke<'[iin_ir.  a-lvin^!;  oidy  loi- Justice,  saiK.'lioned  hv  I'aej;- 
li.-h  law. 

[The  delivery  of  this  speech  (>C(Mi[>ie(l  ahoiit  six  hoiu's  and  a  (jnarter. 
The  dei'eiidant  \\a-  frei|nently  intei'i'upted  hy  expressions  of  po|)idar 
fecdiii!.'.  The  Attorney  (itiiei'al  ro<e  to  reply,  Iml  was  interrupted  liy 
tlie  Chief  .Iii.-li'  ',  who  said,  that  as  the  hour  was  Jate,  and  the  jm-y  had 
bt'cii  conlined  -e  louir,  it  would  he  lieiter  to  adjoiu'n  the  court.  Mr. 
]Miirdoch  remoii.-traled  ;  .Mr.  Howe,  he  believed,  had  hrouLdit  iiis  defenee- 
to  a  close  much  sooner  than  intended,  in  order  to  avoid  the  nece<-itv  of 
ad)oiirnin;jf  the  trial.  It  would  he  inifair,  thereliire,  to  allow  the  other 
.>-idi'  the  advantaLCe  of  the  niirht  to  reconstruct  their  case.  ]\lr.  Howe 
begged  the  court  ti)  li(lie\c  that  lie  did  not  Avi.-h  to  ,-hut  out  any  thing 
that  could  ,-hake  his  statements  ;  all  he  wi>hcil  was  to  ha\('  the  matter 
off  liis  mind.  The  j my  were  con.-ulted,  and  the  foremaiu'Xpre-.-e(l  theii 
wish  to  remain;  it  was  theri'l()re  determined  to  do  ?o.  but  the  crowd  uiid 
the  excitement  being  ,-0  gi-eat,  and  the  (bfliculty  of  preserving  order 
evident.  His  Lordshii)  adjourned  the  court.  On  Tiie-day  morning  the 
triid  |)roceeded.] 

The  iVttorney  fo'iieral  thon  rose  .'iiul  spoke  as  follows  :  — 

J/y  Lonfs.  <ni(l  (•'I'litlfiiicn  of  f/tc  Jxri/.  —  Tn  calling  your  attention  to 
this  case,  I  will  endeavor  to  divest  it  of  th<(  tunazing  importance  which 
biis  been  thrown  around  it.  and  bi-ing  it  down  to  tho^e  j)lain  rides  of  law 
by  whi<di  alone  it  mu-t  be  decided;  ;aid  I  ti-iist  that  you  have  come 
liere  this  morning,  as  I  ]iave,  di<po-ed  to  give  it  a  cool  and  di.-|ia<>ionate 
consideration.     ()!i(;  would  su[)pose,  from  the  va-t  assemblage  around  lis. 


i  If   ' 


TRIAL    FOR    LIBEL. 


71 


and  from  tin*  rcclintr  niimil'f.-tcd,  tli:U  this  was  a  iu)vcl  proci'cdinir  in 
courts  of  jiislicc,  and  lliat  some  oiilrap'  on  tlic  ritrlits  of  ]iartif<  was 
abiMit  to  111'  conuiiittcd.  I'mt  llicrr  is  no  surli  tilings  wr  Iiavc  lo  deal 
Avilli  a  plain  (lur^lion  liroiiiflit  licl'orc  ns  liy  tlir  ordinary  inod('>  of  [uo- 
CTrdihir,  and  to  Ik;  dilimd  liy  lln'  rnl(  s  of  law.  1  will  not  attempt  t-,) 
lrav(d  over  tlic  dcfriicc  made  liy  liic  defendant  in  tliis  canse  ;  1  am  soi'ry 
to  niret  jiim  here.  He  is  a  pcr.-onal  iViend  ;  bnl  the  feeliiiLrs  of  frii  nd- 
>lii]>  which  r  entertain  f  )r  him  will  not  prevent  mi;  i'rom  iloim:  my  duty. 
Indeeil  feeiinirs  ot'  all  kind-  ought  to  lie  di,-mi-.-i'd  from  your  frea-ls  ami 
I'rom  mine,  iiir  they  have  lieen  well  dc^ei-ihcd  hy  an  eminent  authority 
to  lie  the  •■  (|in<'k~ands  of  the  law;"  for  nolliin;^  hut  the  cool  operaticjus 
of  the  mind,  inllueneed  only  by  eviilenee,  and  the  plain  jirineiples  of  the 
common  law,  can  be  ell'cetual  in  keiping  the  peace  of  .-ocioty. 

It  has  been  said,  and  I  havt^  seen  it  pul»li.-hed  in  the  newspapers,  that 
wlien  liie  magi-trales  read  tlieii'  nxdulion  to  iIk;  eoui't.  their  lord.-hips 
referred  liicm  to  me  as  their  eouii^d,  to  direct  them  lo  tiie  object  of  their 
wi-he~.  1  Ijeg  (o  stale  that  1  am  acting  here  as  the  ollicer  of  the  crown. 
I  am  not  the  retained  coun>cl  of  these  parties;  if  it  had  i.ot  been  ibr  the 
,-ituation  I  held,  I  might  liave  been.  My  learneil  iViends  who  lia\-e  con- 
ducted this  c;ise  are  their  counsel.  1  have  no  intci'<'st  in  the  matter,  I 
liad  no  wi>h  to  inlei'fere;  but  placed  a>  I  am  at  the'  bead  of  ilic  criminal 
law  of  the  country,  and  calletl  on  in  my  (illicial  capacity,  I  .-hould  be 
wanting  in  my  duty  if  1  did  not  state  those  ndcs  and  principles  which 
ilie  wi-doni  of  our  ancestors  has  eousidere(l  essential  to  the  pidjlic  peace. 
If  the  peace  of  society  is  broken,  who  ari'  to  repair  it?  Xot  the  press, 
thai  is  not  the  tribunal,  but  the  ollicers  of  the  er<(wn,  the  courts  and 
jurie- ;  tiiereibre  ii  is  that  those  in  aulhorlty  ouglit  to  speak  the  .-cnti- 
nients  of  the  law,  that  tlio>e  things  may  be  su[)[)ressed  which  would 
lead  to  the  breache.-'  of  tin;  iieace,  and  to  every  man  becoming  his  own 
avenger. 

The  defendant  in  this  cause  lias  had  every  opportunity  of  slating  hi^ 
case;  as  I  trust  while  I  lioKl  the  ollice  of  Attorney  Gen"ral  every  man 
similarly  accu.~ed  will  have.  lie  was  under  a  mi-appi'idien-ion,  liowevir, 
when  he  supposed  that  an  cx-ajjicio  information  could  not  have  been 
llled.  but  upon  the  oivlhs  of  tin;  parlies  I'harged,  negativing  the  truth  of 
tiie  charge.  I  could  liave  proceeded  by  that  mode,  liut  I  have  never 
been  incliue<l  to  rid?  U])on  the  prerogative  of  the  crown,  and  I  therefore 
laid  the  matter  belbre  the  grand  iuipu'st  of  the  county.  I  never  >hiiiik 
from  my  duty,  but  seek  to  perform  it  in  accordance  with  the  establi>hed 
ibrms  uf  the  Constitution.  One  gentleman  named  the  other  course  to 
me.  but  I  said  Xo  :  1  will  proceed  by  a  fairer  mode  of  indictment.     I 


"Ik 


i    '  'I  ■" 


:1-^ 


fsl 


W. 


72 


THIAL    FOR    Lir.KL. 


1111  pnunl  iliiit    til 


('     <!i'lrlli 


lain 


liiH   (Ioik;  iiic  justice  iii  tins  rc~i 


)rct. 


A 


<-'opy  ol   the 


liill  dl'  iiiijicliiiciit  was  i'uriii.-licd.  to  liiiii.  and  lie  lias  had  lib- 


erty to  dilriid  liiiiiscll'.  and  in  doinir  so,  lie  lias  slatcil  a  .LTcat  variety  of 
thiiiirs  ;vliicli  cotild  not  Ik-  ('\  idriicc,  wliicli  are  nicrr  licarsav,  and  which 
the  court  would  not  havi-  pcriuiltcd  (•oini-(  1  to  ii.-c.  I  am  glad,  however, 
that  he  has  had  every  t'aeilily  lor  making  his   def'eiiec. 

As  something  has  Ixmii  said  alioiit  the  mode  in  wliieh  the  magistrates 
havi'  sought  redress,  I  mii-t  iiil'oriii  you  that  no  private  action  would  lie 
upon  the  |)iildicatioii.  When  an  individual  is  slamlercd,  ho  can  bring 
his  private  action,  and  <daim  his  damages,  and  the  public  peace  is  not 
concerned  or  considered  in  that  mode  of  trial.  \n  that  cas(>  the  defeiul- 
ant.  if  Ik'  can  prove  the  truth  of  the  publication,  is  acipiitted,  because 
the  law  will  not  permit  a  jiarty  to  come  into  court  and  make  money  l>y 
his  reputation.  That  is  not  the  law  as  respects  public  bodies.  It  does 
not  allow  the  defendant  to  escape  in  this  way.  Let  it  not  be  said  that 
Iiecause  there  may  be  a  feidiiig  against  one  or  two  individuals  in  the 
magistracy,  that  anybody  is  at  liberty  to  charge  them  all.  Some  of  the 
feeling  and  exciteuKMit  which  is  now  abroad  may  have  arisen  from 
charges  made  by  tlii^  grand  jury,  and  an  opinion  entertained  that  they 
have  not  been  supported  against  such  charges.  ]jut  if  th(>y  could  have 
joined  in  a  private  action,  the  justitication  must  have  been  as  broad  as 
the  sljinder.  because  if  it  were  not,  it  would  have  failed.  When  we  turn 
!o  the  law.  and  as  the  dei'eiKhnit  has  said  —  fJod  forbid  that  he  should  lie 
above  it,  or  below  either — I  trust  I  shall  convince  him  that  he  lias 
brought  liiinself  within  its  range.  That  hiw  by  virtue  of  which  you  sit 
here,  and  by  which  tin  ir  htrdships  pnvsjdc!  in  this  court  —  that  wliolo 
some  stream  of  the  common  law  Avhich  runs  over  even  this  remote 
portion  of  Ilis  Majesty's  dominions,  .and  in  the  language  of  the  del'end- 
ant,  purilies  and  invigorates  the  country;  this  is  the  law,  the  rule  of  con- 
duet,  by  which  he  prays  to  be  judged,  and  I  wish  to  administer  to  him 
no  othei'. 

Let  me  now  turn  your  attention  to  that  law  by  which  the  defendant 
himself  wishes  to  be  judged,  the  l>est  inheritance  from  our  ancestors 
the  common  law  of  Kngland.  by  wdiich  our  rights  and  liberties  are  pre- 
served inviolate.  The;  lV('edom  of  a  IJritish  subject  consists  in  personal 
liberty,  jiersonal  security,  and  privat(>  i)ro])erty.  Tin;  person  of  every 
man  is  preserved  from  violence,  and  with  the  protection  of  personal 
rights  that  of  reputation  has  always  lieen  considered  sacred  by  our  law. 
No  man  by  nature,  independent  of  any  municipal  law,  had  a  right  over 
another,  neither  had  he  any  right  over  his  reputation.  'J'he  connnon  law 
early  took  notice  of  libel  and  slander ;  all  nations  whose  laws  are  in  any 


i-i 


. 


I 


I 


TltlAL    FOU    LIBEL. 


73 


way  rofrardcd  by  llu'  l.'vw  (if  1'',;il'1miii1.  cliis-icd  ilio-^o  ofTrnoor^  iimoiin; 
crimes  n^fiinst  llic  pii1ili<'  ]ic;ir('.  The  coimndu  Imw  courts  ciii'Iy  took 
coanizaiicc  ol'tln'iii,  and  puiiislictl  tlir  oirciidiT  Iiy  fine  and  iini>ri<oiiin('nt. 
Tlic  punishment  of  lilxd  i-  a~  ancient  as  any  part,  (if  tlie  criminal  law, 
and  llie  rnles  respectinLT  it  are  to  lie  colleeteil  from  tliose  ancient  writers 
who  describe  to  ns  t'le  crimes  of  mnnU'r,  arson,  hnrudary,  hirceny, 
robbery,  and  otlier  connnon  law  felonies.  Tiiere  is  no  po>itiv(!  enact- 
ment, it'is  true,  th'lininir  liliel:  neitlier  is  there  any  sueli  n-.i^ardin^  other 
cunnnon  law  crimes  and  oifenees  ;  it  is  nmieces.-aiy  for  the  law  of  the 
land  It)  speak  where  the  law  ol'  nature  and  the  ordinjiry  sense  of  man- 
kind have  ])lainly  s[iokcn  bettirc  You  huv(!  -ecu  me,  as  Attoi-ney  (len- 
eral,  in  important  criminal  caics  when;  life  has  been  lorfeiled,  ap[)(.'al  to 
the  _!zeneral  authorities  liir  the  hiw  to  guide  juries,  as  I  must  uow  appi^il 
to  them  as  re^ai'ds  this  otVcnce. 

One  of  the  first  objects  of  the  law  i-  to  withdraw  from  tli(^  injured  the 
redress  of  their  own  grievance^,  and  to  admini^ter  equity  and  justice  by 
the  wisdom  and  discretion  of  tlio^e  set  apart  for  this  important  duty; 
but  the  direct  tendency  of  libel,  whether  true  or  ialse,  is  to  excite  tu- 
mult, and  lead  to  private  revenge  ;  and  as  no  man  has  u  natural  right 
over  the  jierson  or  re[)Utation  of  others,  so  no  man  has  the  pow(>r  by 
himself  of  administering  justice  by  arraigning,  trying,  and  condenniing 
others,  shouhl  they  even  >eem  to  him  to  do  wrong.  The  connnon  law 
places  UTider  its  i>roteetion  the  rei)Ufation  as  well  as  the  person,  and  to 
insure  the  peace  of  society,  lies  up  the  hands  of  some,  and  the  jiens  of 
others.  The  celebrated  Hawkins  considers  libels  reiliicting  on  persons 
charged  wi.h  the  administration  of  the  law,  as  of  great  enormit}',  tend- 
ing not  only,  like  all  others,  to  breaches  of  the  peace,  but  likewise  to  en- 
courage insubordination  to  those  in  authority.  Lord  Camden  considered 
it  the  particidar  duty  of  jin'ies  to  set  their  faces  against  such  libels.  In- 
vective, and  the.  assigning  t)f  bad  motives,  can  evidently  answer  no  good 
pur[K)se  ;  such  conduct  camiot  be  justified  towards  private  individuals, 
and  society  should  connnunieate  something  of  its  saeredness  to  those  in 
oil'ice.  I^et  ns  then  examine  the  ellect  of  lil)el  upon  the  public  peace, 
which  it  is  the  first  object  of  law  to  preserve.  The  generality  of  men 
are  more  disposed  to  resent  a  contem])tuous  word  than  an  unjust  action. 
Those  who  endeavor  to  dishonor  us  Ity  words,  are  objects  of  more  violent 
resentment,  and  more  implacable  resentment,  than  the  authors  of  all 
other  injuries.  It  is  said  that  in  ancient  times  there  was  slander,  but 
lil)(d  was  not  the  oflence  of  an  illiterate  age  ;  and  if  there  Avere  few 
prosecutions,  it  was  because  a  more  siumnary  punishment  was  inflicted 
by  the  sword  of  the  injured.      The  b(;st  of  mankiml  have  ever  been 


m 


«t| 


•i.ji 


ih:I 


>i  .!l 


I   i 


i  ill 


H    3 


Hi 


1 

V 

I' 

1 

4 

i 

■I 

i 

1 
1 

!;  I 


74 


TRIAL   FOR   LIBEL. 


lii^i^lily  sensitive,  und  alive  to  iiijiiriLvs  of  reputation,  antl  public  tranquility 
ilemands  llial  the  retaliation  for  olFeiiees  of  this  natui'c  .should  be  wrested 
from  tlu!  hand  ot"  the  injiu'ed,  because  anger,  wliieli  is  ever  ready  to 
swell  into  furious  jiassions,  and  prompt  to  innnediale  vengeance,  will 
lend  the  sullerer  not  only  to  magnify  the  wrong,  but  greatly  to  mistake 
the  renu'dy.  Ex])erience  has  taught  us  that  all  rules  for  the  govern- 
ment of  man  are  ineffectual  in  altering  human  nature,  although  much 
may  be  done,  ami  nnich  has  l)e(.'n  done,  to  withdraw  retaliatibn  froni 
the  hand  of  the  injured,  and  to  allow  him  the  option  of  avoiding  its  ex- 
actions. Cases,  particularly,  which  affect  reputation,  have  been  consid- 
ered I)y  men  of  higli  honorabh;  feelings,  and  otherwise  of  great  hu- 
manity, as  denying  this  idternative,  and  demanding  that  they  shall  vin- 
dicate themselves.  Some  are  not  satisfied  that  a  court  and  jury  should 
he;u"  their  appeal,  and  that  the  slow  j»rocess  of  the  law  should  be  inter- 
posed for  tiieir  protection.  The  be.-t  feelings  of  human  nature  will  not 
endure  this  species  of  insult ;  feelings  which  no  regulations,  however 
framed,  have  yet  been  effectual  in  restraining;  and  although  the  law 
may  d(.'mand  forbearance,  yet  we  have  frequently  seen  that,  in  an  un- 
guarded moment,  the  injured  has  stood  forth  as  his  own  avenger,  and: 
called  for  a  trespass  on  the  law,  by  seeking  the  life  of  the  oflender  at  the 
lisk  of  his  own.  The  due  administration  of  the  law  is  alone  capable  in 
a  great  degree  of  repressing  this  feeling;  but  it  is  not  to  be  exi)ecfed 
that  those  original  principles  Avill  ever  b(!  wholly  eradicated,  or  that  law 
and  custom  will  ever  successfully  interj)0se  any  compon  i  which  will, 

in  all  eases,  be  accepted  in  the  place  of  jjcrsonal  vengeance.  Knowing 
the  disposition  of  mankind,  the  law  therefore  watches  over  the  begin- 
nings of  mischief,  and  the  i)unishmenl  of  libel  was  ordained  as  a  means 
of  maintaining  the  public  peace. 

1  will  not  turn  again  to  the  libel  in  the  indictment  except  for  a  mo- 
ment, to  point  out  the  m(j.--t  oliensive  passages.  [Here  the  Attorney 
General  read  the  part  which  ehargt.'d  over  exactions,  and  taking  largo 
sinns  of  money  from  the  })ockets  of  the  connnunity,  by  those  placed  in 
authority  over  them.]  This,  he  said,  was  the  charge  of  a  crime  of  no 
ordinary  character, —  a  cliai-ge  ol'abu-ing  the  oiric(;  tliey  were  apj)oiuted 
and  sworn  to  administer,  to  put  money  into  their  own  p(jckets.  He  had 
heard  much  from  the  defemlant  iiy  way  of  charg(3  against  some;  sufTi- 
cient  was  it  for  him  to  say,  it  was  assertion  without  proof.  If  the  na- 
ture of  the  charge  woidd  have  alloweil  of  a  private  ])rosecufion.  the  de- 
fendant woulil  then  have  been  obliged  to  ])ut  his  ju--tirication  upon  the 
record,  and  to  prove  the  truth  of  it  by  witnt.'sscs  placed  in  the  I»ox.  and 
examined  on  oath,  not  by  hear.^a}•,  nor  even  by  the  rcpoi't  of  a  committee 


h 


TRIAL    FOR   TJBEL 


76 


of  Tlis  Majo.sty's  Council.  TIic  invc-ti'jralion  l»y  tliom  mic:;lit  bo  a  jn'opor 
.■^top  ti)  .~('<'  it  iIktc  wvvv  iidl  crrni'-  in  this  system  tlic  niatristrntes  were 
t'allcil  upon  lo  Mtlininistcr ;  Iiiu,  tliank  (lod,  tlic  reputation  of  no  man 
can  be  tried  except  in  the  face  of  tlie  coinitry  ;  neither  a  report  from  thci 
council  chanil)er,  nor  ironi  any  otiier  body,  could  be  received  in  evidence 
lor  any  ,-ucii  ])urposo  in  this  court.  Had  the  circumstances  .-tated  by 
the  dei'endaut  aixaiust  suuk'  oilhi-  majzistrates  been  brought  to  the  notice 
vi'  this  courl  by  atiidavit,  and  not  denied  in  the  same  .--olenm  manned',  I 
should  have  lelt  it  my  duly  to  have  tiled  an  information,  and  in([uiretl 
into  the  trutii  of  the  matter  cliar;:ed;  but,  in  tiie  present  prosecution, 
you  must  consider  it  mere  assert!  )n  uitiiout  legal  ])r()of.  The  liitel  is 
not,  as  we  arc  informed,  an  editorial;  it  is  not  written  by  the  defemhint. 
]f  the  charges  against  the  magistracy  wen;  thus  broadly  to  be  made, 
Avhy  did  the  writer  shriid^  from  his  work,  why  falsify  him.;elf  under  a 
borrowed  name,  and  become  a  coward  in  his  crime,  [Here  the  defend- 
jint  interrupted  lh(^  Attorney  (leneral,  and  stated  tliat  lu;  had  fidl  per- 
mission to  give  up  tiie  author  whenever  he  [deased,  imt,  contrary  to  the 
])raotici'  in  all  such  cases,  tlie  name  had  never  been  demanded.  This 
declaration  elicted  a  round  of  ap])lause,  which  having  been  promjitly 
suj)pre-;sed  liy  the  court,  .Mr.  Archibald  continued.]  Although  that  was 
true,  iiad  the  autlior  been  given  u[),  he  would  not  have  i)roceeded  against 
the  ])nblisher. 

Having  said  so  much  on  the  law  '"  libcd,  allow  me  to  say  a  few  words 
upon  what  is  erroneously  understood  to  be  the  liiierty  of  the  ])re.sg. 
There  is  no  (|ue>tion  of  greater  importance  in  a  iWa  country  than  the 
libi.M'ty  of  the  press  ;  and  within  its  legitimate  bounds,  I  should  be  the  last 
to  interfere  with  its  operations.  The  advantages  which  mankind  have 
derived  fi-om  the  use  of  the  press  have  exeiieil  a  feeling  in  its  I'avor  not 
ca>ily  to  be  overcome  in  a  I'ree  governmen!.  It  was  the  great  means  of 
difTusiug  that  knowk'dge  which  before  'xisted  only  in  masses,  in  schools, 
.and  universities,  and  making  it  the  counnon  atmosphere  to  be  breathed 
by  all.  Moi'al  and  religious  knowledge,  and  tlu;  principles  of  liberty, 
were  circidatcd  by  it.  The  term  "  frt'c  press,"  however,  is  to  be  understood 
with  its  limitations,  as  this  great  ongiiK^  of  human  invention  may  other- 
wise be  a-  dangerous  in  its  al)Use,  as  it  is  beneticial  in  its  use  :  that  term 
wa-;  applied  lo  the  pre-s  in  op[)o-ition  to  the  licensing  and  shackling 
^vhich  it  undeiwent  in  forni(a"  times.  The  rulers  of  the  continent  seized 
upon  tlii<  valuable  inveiuion  as  a  s(jrt  of  royal  i'ranchise.  and  enslavt'd 
and  controlled  it  by  limitations  unknown  to  the  laws  of  England.  Our 
law  thus  deliues  it,  as  the  personal  liberty  of  the  person  who  us(>s  it  to 
expre.-s  his  thoughts  in  the  more  improved  way,  thus  invenf('d  by  human 


1 

'^Hm!  ] 

Tpl'-- 

» 


76 


TRIAL   FOR   LIliEL. 


:.  '  I: 


i  i 


ineonuity,    lo.iviiici    liiin    always    lial)l('    f 


or   ain 


iiifrincfC'inciit    o 


f    tl 


le 


nviicLrfs  () 


f"  ollicrs.      It    was   ii   new   jjowcr,   but   no   new    riirlit 
ot   al»riil,Lr<'(l  liy  this  new  di-covcry. 


ami 


security  of  rciiutatiou  was  not  al»riil,Lr<'(l  liy  lliis  new  di-covcry.  TIic 
lialtility  of  puuisluiK'ut  v.liicli  that  law  imposed  was  not,  on  tlio  one 
hand  ahridwd,  nor  was  any  new  rij^lit  or  privilege  granted  (o  those  who 
might  u,-e  tlie  prc-^s.  Fi'ce  diseiission,  although  enlarged  by  the  u>v  of 
Ih 


])]■(■ 


as  confined  to  the  same  leirilimate  l)onnds,  as  r( 


d  tl 


ic 


rights  of  others;  that  which,  i*"  written  and  ])ul)lished  in  the  streets,  or 
stuck  upon  a.  corner,  and  wliich  was  in  its  nature  a  lihel,  would  ho 
not  the  less  so,  whei 


ihlished  in  th 


)f 


AVhat 


newspapc 
man  has  a  right  to  tiiink  and  speaU,  he  has  a  consequent  right  to  jirint 
and  to  publish  ;  but  no  man  ha?  a  right  by  the  common  law  to  speak  and 
publish  what  is  injurious,  in  a  high  degree,  to  others  ;  no  man  has 
a  right  of  accusation,  trial,  and  judgment ;  so  likewise  no  man  lias  u 
right  to  pul)Iisli,  true  or  I'alse,  in  the  ])ress  or  otherwise,  that  which 
a  regard  to  tlie  pulilie  pi'ace  and  tlu;  rights  of  society  prohibit.  He  who 
cannot  justify  slander  written  of  me  in  his  individual  character,  cannot 
return  into  the  iirst  person  ))hiral  behind  his  press,  and  do  the  same  thing 
with  imjiunity  ;  the  individual  wrong-doer  is  not  lost  sight  of  by  the 
law  in  the  plural  of  the  press. 

J^ct  me  now  remark  ujion  the  intention  of  the  defendant  in  this  publi- 
cation, lie  has  defended  himself  with  the  exercise  of  that  clear  mind 
and  sound  understanding,  which  he  possesses  in  so  high  a  degree ;  but  I 
cannot  allow  him  the  range  he  has  taken  for  liio  proof  of  intention. 
The  intention  of  the  writer  is  to  bo  gathered  from  the  libel  written  ;  and 
for  that  puriKjse  he  may  call  I'or  the  reading  of  every  part  of  it,  al- 
though not  set  i'orth  in  the  indictment ;  and  if  it  be  a  book,  or  jiamphlet 
written  as  a  review  of  the  works  of  others,  or  I'or  any  otlur  purpose,  he 
may  read  jiassages  irom  the  general  work  to  prove  rjiio  aiiinio  it 
was  written.  ]jut  to  allow  evidence  of  intention  to  be  given  in 
any  other  way  is  unknown  to  the  law.  The  extenuating  evidenc(.'  is 
confined  to  the  proof  that  it  is  a  report  of  a  trial  or  n  speech  in  i)arlia- 
mcnt,  or  the  like;  but  exci'iit  in  such  ca>e-,  the  writer  must  be  judged 
by  what  he  has  written,  and  to  have  done  the  act  with  the  intention 
which  the  ordinary  sense  of  a  jury  put  upon  the  work.  80  clear  is  this 
reasf)ning,  that  I  shouhl  not  des])air,  from  the  correct  views  which  tlio 
defendant  is  capal)le  of  taking  of  this  point,  and  notwithstanding  his 
splendid  defence,  were  he  in  your  box,  to  persuade  him  to  convict 
himself. 

This  libel  runs  against  all  who  have  been  in  o""c(!  for  the  last  thirty 
ycai'S  ;  many  of  them,  men  of  high  honor,  labored  hard  for  the  good  of 


IP^ 


' 


I  14! 


TRIAL    FOR    I.IBF.L. 


77 


(liis  comniuiiily,  niid  li!\vop)iu!  totlicir  riiial  ncooiiiitjc.'ivin!^  an  unsullifil 
rcpiitatinii   bcliiiul   llicia  —  now   lor  tlu>   lir.st   tinu.'  calk'il    in    question. 
Many  now  alive  have  ^iviMi  up  tlicii-  time  to  llic  piililic  witiioiit  reward, 
but  all  are  ineluded  in  one  ^reneral  cliai'ire,  witliout  any  (>videnee  beinj^ 
given    airainst   any  one.      It    re(iiiire<l  the    reading   of  the   defendant 
to  select  iVoni  this  ".sacred  band"  of  ndibers  those  who  are  to  come  undcT 
the  .savinif  clause.     The  del'endant  has  reail  out  liis  venerable  father  as 
one  ;   he  need  not  have  done  so ;   his  unsullied  reputation  would  never 
have  left  him  obnoxious  to  any  such  charjre.     I  readily  assent  to  all  that 
has  been  said  1)y  a  son  of  a  father  who  is  an  honor  to  him.     I  am  proud 
to  call  him  my  friend  ;  he  was  amoiiir  my  most  early  aciiuaintances  in 
this  town,  and   I  have  never  ceasiMl  to  esteem  him.     lint  miirlit  he  not 
liave  returned  to  this  band  and  handed  t)Ut  others  ?     [Here  he  read  over 
th(!    names    of  several   ol"  the    niiij^ist rates.]      INIen    whose    reputation 
lias    never    been    sullied ;    and    if  anirry    feeling    against   one    or    two 
was    the  groinul  of  this  i)roceeding.  why  not  have  named  them,  tunl 
allowed  them  to  justify  themselves  Ijy  putting  him  to  the  proof  of  the 
assertions  ?     l>ut  in  this  case,  even  to  those  aimed  at,  there  is  no  proof; 
while  all  wlio  are  charged  with  keeping  the  ]iul)lic  jieaee,  are  included 
in    one    libellous    attack.     Geiuleiiien,  it    is  with  you,  under    the    law 
of  I  lie  lam!,  to  pronounce  U[)on  this  ])ublication,  and  be  careful  that  your 
verdict  be;  not  the  occasion  of  greater  mischief;   that  you  do  not  open 
the  floodgates  of  libelling,   and  lead  partii-s  to  aveng(!  themselves,  and 
thereby  to  bring  id)ont  all  the  mischief  the  common  law  intended  to 
prevent.     I  have  stated  the  viiw  which  1  think  it  my  duty  to  take  of 
this  publication,  and,  having  discharged  my  duty,  I  leave  the  cas(>  with 
you. 

Ills  Lordship  Chief  Justice  Ilalllburlon,  then  delivered  the  following 
ditirge  : — 

Gentlemen  of  (he  Jin-i/,  —  This  is  an  indictment  ])referre(l  in  the  name 
of  the  King  ag.'iinst  Joseph  Howe,  and  it  is  tlie  duty  of  the  coin-t  to  state 
to  you  Avhat  the  law  is  Ity  which  the  case  is  governed.  This  duty 
is,  perhaps,  rendered  more  imptM'ative  by  the  novelty  of  tli(!  proceeding 
in  (;ur  courts,  aiid  by  the  erroneous  views  which  are  often  entertained  of 
tjje  law  of  libel.  It  has  l»een  tndy  said,  that  nothing  has  been  more 
libelled  than  the  law  of  libel  itself.  There  are  three  modes  by  which 
parties  may  seek  redress,  and  by  which  society  is  lu'otected  against  the 
consequences  of  slanderous  and  improper  accusations  :  by  bill  of  indict- 
ment, e.r-ojjtei'o  information,  or  !)y  an  action  on  the  case,  instituted  by  a 
private  party  for  the  damagv'  which  his  character  may  have  su>taine(l. 


- 

f 

lli^' 

i 
i 

: 

a 

^           ■ 

■li 


^1 


1  i 


1  i-i; 


78 


TRIAL   FOR  LIBEL. 


i!.'  M 


'   1 


Tlio  l;nv  of  lilu'l.  like  tlu'  rest  ol'  llio  oomiuoii  law  of  Kii,i:laM<l, 
is  iouiidcd  ill  reason ;  ami  it'  a  })rivato  i)arty  cuiiu's  into  court  \ov 
ilaniaircs  to  rrpair  liis  reputation,  lie  nuist  sliow  tliat  he  liatl  one  to  lose, 
and  that  li»;  lias  in  reality  been  injured.  He  inn.-^t  not  come  Ih'Vv 
to  make  money  of  liis  eliaraeter  ;  and,  therefore,  the  defendant  can  put 
in  his  ])!ea  of  justification,  and  set  out  that  the  c'harijres  were  true; 
and  if  he  can  satisfy  the  jury  that  (hey  were,  the  plalnlitl"  ^oes  without 
damatn's,  heeause  none  have  heen  sustained.  An  iul'orniation  may  also 
be  filed,  at  th(>  instance  of  a  private  ])erson,  lor  the  vindication  of  his 
character,  upon  his  own  atlidavit  that  th(!  ehartros  are  slanderous  and 
untrue.  So  cari'ful  is  the  law  ol'  the  I'iLjht  of  i-epiualion,  il  as-nmes  that 
nothin,!?  can  be  more  valuable  to  man  than  his  character,  and.  therefore, 
it  provides  this  easy  mode  by  which  a  man  may  couk;  into  court  and 
vindicate  liimself  iVom  slanderous  imprUalions.  On  the  other  hand,  ihe 
party  oppos.'l  may  come  in  ami  prove  that  the  cliarp's  are  ti-iie;  and 
if  he  does,  (lie  prosecutor  loses  his  action,  because  it  is  incinulKiit  upon 
him  to  pn.ve  that  he  is  an  injured  man. 

When  we  proceed  in  the  other  way  we  throw  the  party  entirely  out 
of  the  (picstion.  The  matri>t rates  are  not  known  here.  'J'he  defendant 
stands  charged  at  the  suit  of  the  King;  he  has  deiended  himself  with 
the  warmth  and  animation  natural  to  the  situation  in  which  he  was 
placed,  and  he  has  had  a  wide  scope  allowed,  iu  staling  to  the  jiny  such 
things  as  he  conceived  material  to  his  defenc(\  AVhere  panics  under- 
take to  |dead  their  own  cause,  they  are  usually  allowed  a  greater  lati- 
tude than  their  council  would  I)e  )»erniitti'd  to  take,  lint  as  respects  the 
magistrates  we  have  them  not  here.  Your  verdict  will  not  eondenni  or 
acquit  them.  A  charge  of  libel  has  I)een  made,  but  it  comes  to  us  from 
the  grand  inquest  of  the  couiUy.  In  bringing  this  case  before  iIk;  court, 
the  Attorney  General  had  two  courses  open  to  him,  either  of  which  ho 
was  at  liberty  to  take.  llecouM  proceed  either  by  information  or  indict- 
ment. A  private  party  may  have  his  information,  but  then  he  must 
coiiK!  into  court  and  swear  that  the  charges  are  false.  lie  must  satisfy 
the  court  that  it  is  libellous  matter  of  which  he  complains.  Hut  in  a 
criminal  action  we  have  nothing  to  do  with  the  truth  ;  we  are  only  bound 
to  protect  the  public  peace. 

The  other  tbi-m  of  information  is  directed  to  this  olject  as  well  as  the 
indictment.  The  Attorney  General  is  entitled  to  file  his  informal  ion 
ex  oj^/irio,  and  over  this  the  court  has  no  coiUi'ol.  He  is  wisely  clothed 
with  this  authority,  becau.-e  in  times  of  g'reat  public  excitement,  it  may 
be  necessary  to  check  disorders  promptly,  and  yet  exti'enicly  ditlieull  to 
get  a  grand  jury  to  find  a  bili.     The   Attorney   General,  of  course,  in 


TllIAf,    It) I!    MItKT,. 


70 


ii<iniX  till-  iiKiili",  i<  ri'-:|)on-.iIilc  tor  llu"  rxcn'ist'  of  liis  Jiidtriiit'iil,  lor  tlii« 
nhii-c  of  lii-i  powrr.  A  privali'  ;ii»|ilifiinl  i>  lioiiinl  to  ncirnlivi'  tin'  iin- 
])iit;ili(in- ;  the  Allonicy  (  IimicimI  i>  IimuihI  !<>  cMTci-;!'  a  soiiml  ili>('i'(  tioti. 
Till'  ollii  I'  coiir-r  i-  In  1:0  lii'l'iirr  llir  Ljiainl  iiii|ii('-l,  ami  siil)iiiii  ilif  lilicl- 
loiis  matter  in  a  Mil  of  imlictmciit.  ami  il'  liity  .-hmilil  In'  of  opinion  tiiat 
it  was  not  lihcltoii-.  it'  llicy  iliil  iioi  iliink  that  il  was  calciilalrd  to  have 
a  ini~iliir\oMs  tciiiliiii-y.  tlnii  ol'  (■oui'--r  liny  would  not  liml  tin'  l>ill. 

I'mlcr  tlic-.('  circmii-tam'i's  iIm'  party  cliarucil  in  this  imlictmrnt  has 
Ix'cii  KroiiLrlit  lii'f"'.  Till'  law  umlcr  wliidi  lie  has  hccii  ariaii:iii'il.  i> 
i'oiimlril  ill  reason,  ami  coiiiiiioii  -ciisc  ami  jii^tici'.  As  inilis  idiials  ai''' 
lial)lt'  to  coniiiiil  otriiiccs  a;:aiii~t  ^nriciy,  tin'  courts  haNc  licni  appointed 
to  trv  .-iich  olli'iidcrs.  Ii  is  not  in  the  cohinni-;  ol'  u  newspaper  that  they 
are  to  he  tried  and  condemneil.  And  il'  instead  ol'  parlies  pret'erriiiL; 
ihcir  aeeii-alioiis,  and  .-eekinix  redress  hejiire  the  proper  trilmnal-.  ihey 
choo-i'  to  x'atter  aliroail  charps  and  -n-jiieions,  tinder  eircuni'tanees 
whieh  imlin-e  a  uraiid  jury  to  liml  a  hill,  liiry  have  a  riirht  to  !)e  hroiiijht 
here;  and  we  are  to  iry  wheiln'r  the  mailer  eliaririMl  was  cak'nlated  to 
tlistiirh  the  piiMie  peace,  anil  to  inceii-e  and  dei;-rade  the  parties  at  whom 
it  Mas  aimed.  "Willi  this  invesiiualion  we  are  now  cmrau'ed.  and  hy 
your  verilici  ihe  character  of  the  imi'^i-trates  will  neither  he  impro\ed 
nor  inJMn  d  ;  ihi'  Klwx  is  the  pro-ecntor  iicre.  and  all  yon  ha\ c  to  deter- 
inine.  i--  whether  ihe-e  charLTes  are  liliellon-.  and  whether  (tr  not  they  an; 
calculated  to  di^tiirh  the  peace. 

Il  would  he  dillicnlt  to  ^•ay  that  iliis  Idler  does  not  contain  a  serious 
reflection  upon  the  inaL'ist rales  ol"  llMlil'ax.  AlthouiLlli  it  is  my  ihity  to 
in-trnci  yoii  as  to  tin'  Iriie  hearing-'  of  the  law,  and  to  tell  you  the  view 
which  I  lake  of  the  ])iihlication  ii-elf;  still  the  law  has  plac'il  the  wdioh; 
re-pon>ihility  on  yon;  you  stand  ihcic  —  twelve  men  chosen  I'roni  the 
country,  and  repre-entin;.!;  it  on  this  occa-ion — hound  to  perform  a 
.solemn  duty,  accordini;;  (o  the  principles  of  hnv,  uniiilliit'iiccd  hy  :vny 
i'celimrs  hut  lho,-e  of  reverence  for  the  knv. 

We  have  hear.l  much  here  ahout  the  iiherly  of  Ihe  ]iress.  The 
jMTss  is  never  mentioned  wilhoiU  awakenin:^;  a  feelini;'  of  friend-hip 
in  t!ie  lu'east  of  every  Hn,<];li-hman.  il  is  to  that  !i;i't'at  instrument  we 
ari'  indehled  l()r  the  recognition  ami  L^eneral  dill'usion  of  tlioso  sonml 
principles  that  existed  hel'ore  its  invention,  hut,  which  hy  its  aiil  iiave 
l)een  vin  licated  and  delined.  'I'o  this  we  owe  the  llrm  cstahlislmient  ol' 
those  salutary  principles  of  the  common  law,  hy  which  your  verdict 
should  lie  controlled,  hut  which  cannot  hi'  shaken  or  dcsiroyt.'d  whatever 
way  you  decide.  Your  verdict,  I  repeat,  ihou'^Ii  it  will  hi;  very  impor- 
tant to  the  defendant  and  tiie  communiiy  in  which  you  reside,  cannot 


1 

1 

1          !■ 

i             M!' 

f' 

IV  >1l 


i    ' 


I'' 

:(     ■ 
1 


'in!''*' 


'  ?  if 


■ti-  i\ 


'-^^ 


I       !! 


1 1  f 


I    : 


1 

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.    1: 

i 

: 

■ 

1 

i 

[t... 

80 


TRIAL    FOIl   LIIJEL. 


(li-tiirl)  tlio-o  T'lilcs  of  law  l>y  wliidi  tlu'  cliaraftcr.'^  «if  |)!irti<"-»  nrc 
jriiiii'tlnl.  iiiid  tlif  lihcrtifs  ol'  tlir  pre-.-,  secured.  Tlicy  an-  too  liriiily 
I'.-talili.-Iicd  to  lie  uiidiTiuiiu'd  liy  any  siiiLdc  deci-ioii,  l)ii(  ycf  il  i-;  iiio-t 
dfsiralilc  that  all  dcci-ioii-  ,-liniild  Ix*  con-ici  and  fonfoi-niaMr  to  law. 
Yoii  will  ilo  yniii'  duty  as  I  (1(»  iiiiiie,  ilioii^rli  f'idly  a|i|»i'Ofialin;(  llic  hcn- 
cilts  ol'  lice  discussion  ;  tlic  value  of  that  eriL'iiie  hy  which  tin*  s!icr(.'(l 
Sefi|itnres  ai'<'.  dilViised  over  the  universe,  and  which,  lhoii;.di  invented 
liy  man.  was  the  jfil't  of  (Jo<l  to  man,  for,  as  he  ;rave  him  speech  I>y 
which  to  eomniimicate  his  thouiihts  and  im|ire-sions  to  his  neifihhor,  .so 
has  he  ;„'i\en  him  the  press  Ity  which  these  maybe  conveyed  over  tv 
wider  range,  only  bounde"!  by  the  circle  of  human  sympathies  and  civili- 
zation. 

The  ^ift  of  speoi'li  is  sometimes  abu-ed.  The  ton^^ne  that  ha-  been 
given  to  praise  its  ^faker  is  fre(|uently  u-ed  to  blaspheme  him;  ami  thus 
the  press.  Ik  stowed  lor  the  [nirpose  of  correclinj^  the  (MTors  and  improv- 
ing the  condition  of  man,  is  sometimes  directed  by  malice  and  revenge, 
lo  the  injury  of  private  character,  and  l\ui  disturbance  of  the  puldie 
peace,  lie  who  thus  conducts  or  uses  the  press,  subjects  himself  t{»  the 
jienaltit's  of  the  law  —  the  same  law  which  existed  for  the  ]»rotection  of 
society  before  the  ])ress  was  invented.  That  engine  has  nol  altered  the 
law.  although  it  has  nuiltiplied  cases  for  its  exercise.  J^et  discussion 
be  free;  but  accusation  and  discu>sioti  are  dillereiit  things.  Though 
sut  h  charges  are  Ireii'ieutly  found  in  newsj)ai)ers,  still,  if  individiuds 
seek  their  remedy,  or  if  IIk;  crown  odicers  pre])are  a  bill  of  indictment, 
the  party  having  had  the  i>r()tection  which  such  an  investigation  all()rds 
—  for  twelve  men  out  of  twenty-four  must  find  the  bill  —  comes  beloro 
a  court  wluoe  duty  it  is  to  state  its  opinion  of  the  law  and  th(^  tiicts ;  and 
if  the  jury  find  that  the  party  has  deserved  the  jjcnalty  of  the  law,  ho 
sulTers  that  from  which  he  should  have  been  shielded  iiy  his  own  pru- 
dence and  di-cr<'tion.  These  are  the  principles  by  which  ])ublie  discus- 
sion is  regulated,  ai'.d  I  il'ol  sati-lied  that  while  you  will  be  disposed  to 
cherish  and  protect  the  pre.-s,  you  will  never  sanction  its  abuse. 

The  course  taken  by  the  defendant  has  ikjI  been  to  induce  you  to 
believe  that  this  paper  is  not  a  libel,  but  that  he  was  acting  under  txn 
impression  that  the  chax-ges  were  true,  and  that  with  that  lidicf  ho  ad- 
mitted it  into  his  columns.  It  is  my  duty  to  tell  you  that  that  is  no  legal 
excuse.  If  every  word  were  true  it  would  not  be  a  justilicalion ;  how 
then  can  he  be  excused  ?  Surely  not  by  the  sUj)po<itions  and  impres- 
sions on  his  own  mind.  IMalice  is  cert.'dnly  one  of  the  ingredients  of  a 
libel ;  but  if  a  publication  is  libidlous,  and  reflects  on  the  characters  of 
parties  in  such  a  way  as  to  disturb  the  public  peace,  the   law  imputes 


I 


TiiiAL  roil  Miu;r„ 


81 


ni!ili('<',  ami  tluit   im|iiiliitl<tii  must  Ix;  n  Itiittctl  I'V  tin'  tli  Irinlaiii.     Tho 
onus  of  rcliiitliiii^  llir  Irp'il  iiiCiTciKM'  lies  ii|i(iii  hill),  I»iit    till'  only   iiroof 


tinl 


\VC   !•(■( 


iiirc  ill  (IniwiiiLT  tli.ii  inli'rriicc  is  ihc  lihcl  il-cll'. 


C'l 


'•re   lil,^ 


loril-liip  rcail  iiinl  (•(iiiir.i''iiliil  on  tin'  ]\\n\-i'  |ii'(iiiiiiifiit  |i:iss;i^-s  of  ilm 
Icltrr.]  I'or  this  |i;i|ii'r  thi'  u'raiiil  Jni'V  hii\('  all()\vc(l  ihc  pai'ly  In  he  in- 
illrti'd  ;  tiny  lml^t  ha\('  hcIicMil  ii  Id  lir  ol'a  iiiischiovoiis  Iniih'iicy,  else, 
their  (hity  was  not  |i»  lia\f  Iniiinl  a  hilh  In  my  opinion,  thf  iiapcr 
rhaiVJ''il  is  a,  liln'l,  ami  ymir  duty  i-.  to  >(ati'  hy  yonr  vcnlict.  that  il  is 
lihi'lloiis.      Villi  ai'c  imi  hiiiiinl  Iiy  my  oiiinioii.      Von  arc   imt  to  In-  ihllii- 

Ix't'orc  you   aiToi'diii'^  to 


ic  ca^t 


ciiccfl  I>y  li'fliiii^s,  hilt  I'l  pi-oiMMincc  on  l! 
tln' sohci"  coiivictioiis  of  yiiiir  own  mill'!-.  If  you  think  tliat  lhi>  is  not 
a  lihrl,  as  a  c'onsnpiciuT,  you  must  think  that  il  hears  no  relicciions  Inju- 
rious to  the  eoinphiiniut?  [larties.  Iflliis  is  your  opinion  .say  so;  I  hnivo 
the  case  in  your  hamls. 

[The  Jury  relireil  for  tt.'u  minutes,  vIkmi  they  i-eturned  witli  a  verdict 
of  ^of  G'liilti/.  The  hreathless  silence  in  which  it  was  heard,  was 
broken  hy  slioiits  of  applause  fi-om  the  immense  crowds  in  and  around 
the  court  house.  Al'ier  receiving;  the  con;j;ratulations  of  his  fii(  iids  who 
Avere  immediately  ahoiil  him,  the  defendant  hegged  leav(!  to  reliii'ii  thanks 
to  the  court  for  tlie  kindness  and  consideration  which  had  been  extended 
to  him  throughout  the  trial.  He  trusted  he  had  taken  no  lihei-ty  to 
which  a  r.iili-h  subject  was  not  entitled,  but  he  i'elt  that  the  court  might, 
as  had  liecn  done  elsewhere,  have  broken  his  argument  by  interruptions, 
and  tied  liim  up  within  narrowei*  limlis.  ( )ii  leaving  the  I'rovince  build- 
ing he  was  borin'  by  the  populace  to  his  hom(%  amid-t  deafening  accla- 
mations. The  peo[)le  kept  holiday  that  day  and  tlu;  next.  3Iiisical 
parties  paraded  the  strei-ls  at  night.  All  the  sleds  in  town  were  turned 
out  in  procession,  with  banners;  and  all  ranks  and  classi-s  seemed  to  join 
in  fcli.'ilatioiis  on  the  ti'iumph  of  (In!  press.  'J'he  crowds  were  lu'ielly 
nihlressed  by  ."Mr.  Iliwe  Iroin  his  window,  who  besought  them  to  keep 
the  peace  ;  to  enjoy  the  ti'ium]ih  in  .social  imercourse  roinnl  their  own 
flre-ide<;  and  to  leach  their  chililreii  the  names  of  the  TW'i:i,vi:  mi:n. 
who  had  estal)lished  the   IKKKDOM   oi'  TIIK    I'UKSS.] 

Tliis  iiii^riiious  and  inat^lcrly  (lefciicc,  iviado  for  Mr.  llowc,  as 
iiiiu,Iit  iialiiraljy  be  expected  in  a  small  eommuiiity,  some  bitter 
and  implacable  enemies.  'J'lie  bold  stand  which  he  had  taken 
nii^ainst  the  bankers  on  Ihe  currency  (juest ion,  made  some  more, 
while  the  iVej'dom  with  which  he  exatnined  the  very  roimda- 
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23  WEST  MAIN  STREET 

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82 


PRESENTATION. 


many  timid  pooplo,  whose  fears  were  excited  by  the  misrepre- 
sentations and  exaggeration  of  persons  interested  in  the  main- 
tenance of  the  abuses  which  "  tlie  coming  man"  as.~;ailed. 
Ilis  popularity,  liowever,  steadily  increased,  and  his  name 
became  more  extensively  known. 

On  the  18th  of  INIay,  a  silver  })itchcr  v/as  sent  from  New 
York  by  the  Nova  Scotians  in  that  city,  and  at  their  request 
was  [)ubliely  presented  to  Mr.  Ilowe,  in  the  Exchange,  in  the 
midst  of  his  fellow  citizens.     It  bears  this  inscription  :  — 

rKKSEXTKD    TO 

JOSEPH    HOWE,    ESQ. 

liY 

NOVA    SCOTIANS    RESIDENT    OF    NEAV    YORK, 

as   a  testimony  of 

THEIR    RESPECT   AND    ADMIRATION 

for  liiti  honest  imleiienilcncc   in  iniblicly  exposing  fraud, 

IMPROVING    THE   MORALS, 

and  correcting  tlic  errors  of  men  in  office, 

AND   III3  ELOQUENT   AND   TKIUMPUANT   DEI'EXCB 

in  support  of 

THE   FREEDOM    OF   THE   PRESS. 

CITY   OP   NEW   TOIIK, 

1835. 

In  the  autumn  of  this  year  the  serious  derangements  of  the 
currency  produced  great  commercial  depression  and  gloom  in 
the  community.  Many  of  the  laboring  and  middle  classes 
emigrated  to  the  United  States,  and  feelings  of  distrust  and 
a])prehension  were  wide-spread  and  very  general  in  all  parts 
of  the  country.  Mr.  Howe  exerted  himself  to  rouse  the  spirits 
of  the  people.  In  a  series  of  articles  he  showed  that  the  causes 
of  embarrassment  and  depression  were  but  temporary  and 
would  soon  pass  away ;  that  the  undeveloped  resources  of 
the  Province  were  great  and  inexhaustible  ;  that  to  ily  from 
a  country  so  richly  endowed  was  folly  and  sheer  cowardice ; 
that  prosperity  would  return  with  a  sound  currency,  and  that 
every  community  was  subject  to  similar  crises,  which  energy 
and  perseverance  invariably  overcame.  These  appeals  restored 
confidence  and  did  much  good. 


\'- 


m 


RAILROAD    AFFAIRS. 


83 


Towards  the  close  of  ihv.  year  Mr.  ITowe  lost,  his  fiitlicr,  at 
the  advanced  ago  of  ciglity-three.  The  j)ersonal  appearance 
of  this  geutlemau  we  remember  very  distinctly.  He  was  taller 
and  stouter  than  his  son,  strongly  built,  with  a  r(Mnarkal)ly 
benevolent  expression  of  countenance,  and  a  fine  head.  The 
]niblie  references  made  to  this  (>^timable  man  have  been  al- 
ready noticed,  l)ut  in  private  life;  his  son  was  never  weary  of 
cxj)atiating  on  his  virtues.  "  For  thirty  years,"  we  have  heard 
him  say,  "  lu;  was  my  instructor,  my  playfellow,  almost  my 
daily  companion.  To  him  I  owe  my  fondness  for  reading,  my 
familiarity  with  llie  Bible,  my  knowledge  of  old  Colonial  and 
American  incidents  and  characteristics.  lie  left  me  nothing 
but  his  example  and  Ihe  memory  of  his  many  virtues,  for  all 
that  he  ever  earned  was  given  to  the  poor.  lie  was  too  good 
for  this  world;  but  tlu;  remembrance  of  his  high  principle,  his 
cheerfulness,  his  child-like  simplicity,  and  truly  Christian  char- 
acter is  never  absent  from  my  mind." 

On  the  first  of  October,  1835,  jNIr.  Ilowe  commenced  a 
scries  of  articles  that  were  afterwards  republished  in  pamphlet 
form,  and  in  which  puljlic  attention  was  directed  for  the  tlrst 
time  to  the  practicability  and  importance  of  connecting  Hali- 
fax with  all  the  counties  lying  round  the  Basin  of  INIines  by 
means  of  a  railroad  to  Windsor.  Had  this  project  been  carried 
out  twenty-two  years  ago,  who  can  estimate  the  eft'ects  which 
it  would  have  produced  by  this  time  upon  town  and  country  ? 
Windsor,  it  may  be  safely  assumed,  would  have  been  as  large 
as  Halifax  was  in  183-5,  and  Halifax  would  have  been  far  in 
advance  of  Portland  or  St.  John.  But  Mr.  Howe  was  not  in 
the  Legislatiu'e  at  that  time,  and  there  was  not  forecast  and 
energy  sufficient  to  grapple  with  an  enterprise  of  so  much 
magnitude  and  importance. 

In  1836,  several  articles  were  written  by  Mr.  Howe,  call- 
ing public  attention  to  the  value  of  horticultural  gardens,  as 
schools  of  instruction,  replete  with  genial  iniluences,  and 
repositories  from  whence  would  spread  a  taste  for  flowers  and 
a  knowledge  of  scientific  horticulture.  A  society  was  formed 
shortly  after,  ground  purchased,  and  the  valuable  gardens  which 
now  adorn  the  peninsula  of  Halifax  attest  the  liberality  and 


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ELKC'TKD    TO    THE    ASSEMULV. 


zeal  of  1lii).<('  l)y  whom  Ihcy  arc  owned  and  condncicd.  Tn  tlie 
fdc^s  of  Hiis  year  we  find  a  lectnre  deli\-ered  l)y  Mr.  Tlowe,  on 
the  "  ^Nloral  Inlluenee  of  Woman,'' which,  wilh  some  others, 
many  of  liis  countrymen  wiJl  not  regret  to  see  preserved  in  this 
coUecljoii. 

Tlic  House  of  Assembly  was  dissolved  by  proclamation  on 
the  second  of  November.  It  had  not,  in  INIr.  Howe's  opinion, 
realized  iho  expectations  created  in  the  i)ulj!k'  mind  dm'ing  the 
debates  upon  the  Brandy  ({uestion,  and  had  utterly  failed  to 
carry  out  any  organic  changes  in  the  structure  of  the  Council, 
or  improvements  in  the  mode  of  administration,  which  he  and 
many  others  so  ardently  desired.  U[)  to  this  period  my  personal 
knowledge  of  Mr.  Howe  had  been  but  slight,  as  I  lived  in  the 
interior.  W(>  were  both  nominated  and  elected  to  represent  the 
county  of  Halifax,  in  November,  18-36,  and,  from  that  time  to 
the  ))resent,  we  liavc  b(>en  not  only  political  but  intimate  per- 
sonal friends,  diflering  upon  soine  (piestions,  but  agreeing  in 
the  main  ;  and  our  social  relations  have  never  been  disturbed 
by  any  I'onllict  of  opinion.  When  we  met  on  the  hustings, 
I  had  an  opportunity  of  hearing  ]\Ir.  Howe  for  the  first  time 
address  a  j)opular  assembly,  and  was  surprised,  as  his  fellow 
townsmen  generally  were,  at  his  command  of  materials  and  of 
language.  Elections,  under  the  old  law,  wvrc  not,  as  they  are 
now,  held  simultaneously  and  determined  in  one  day.  An 
election  for  the  county  of  Halifax  lasted  a  fortnight.  The  can- 
didates addressed  the  electors  every  morning  and  evening  if 
they  chose,  and  as  often  during  the  day  as  occasions  arose  out 
of  the  struggles  of  party  or  conflicting  inter])retations  of  law. 
But  one  or  two  sjieeches  by  ]\Ir.  Howe  had  ever  ap})eared  in 
print  prior  to  this  election,  and  I  w^as  not  prepared  for  the  per- 
fect command  of  his  audicmce,  and  for  the  readiness,  tact,  and 
humor,  displayed  by  him  from  the  beginning  to  the  end  of  the 
contest.  His  majority  at  the  close  of  it  w^as  upwards  of  one 
thousand  votes. 

From  the  speeches  delivered  during  this  election  it  is  easy  to 
gather  the  reasons  wdiicli  induced  Mr.  Howe  to  go  into  the 


Legislature. 


We  give  a  single  extract ;  — 


ELIX'TION    SPEECHES. 


85 


But,  it  may  bo  a?k(xl,  •what  arc  those  hheral  opinions?  What  nro  you 
all  contcniling  about?  I  will  tell  you.  As  ros])('ctsi  this  town,  we  ask 
for  a  systom  of  responsible  government  —  such  an  administration  of  our 
muni('i[)al  affairs  as  will  give  to  the  lower  and  middle  elasses  that 
influenee  in  society  to  -whieh  thoy  are  cntitleil,  and  place  all  the  ollicers 
who  collect  and  expend  the  people's  money,  imder  the  people's  control. 
Every  complaint  that  has  1)een  hitherto  made,  has  l)een  answered  by  an 
obnoxious  appointment,  or  an  increase  of  expen-e.  The  grand  jury 
turned  out  the  clerk  of  the  license,  l)ecause  Ik;  did  not  keep  his  accotnits 
correctly.  "What  was  the  result  ?  ]Mo<t  of  you  know  that  a  new  one 
was  ap])ointed,  and  the  fees  of  the  oflice  were  doubled;  Imt  some  of  you 
may  not  know,  that  the  law  was  so  altered  as  to  make  what  was  an  an- 
nual  otrice.  a  freehold  for  life ;  giving  the  grand  jury  power  to  appoint  a, 
new  ollicer,  only  when  the  situation  became  vacant. 

As  res])ects  the  general  concerns  of  ihc  Province,  wc  ask  for  those 
free  institutions,  which,  while  they  truly  reflect  the  feelings  of  the  people, 
shall  best  promote  the  ha])piness  and  prosperity  of  the  country.  The 
British  laws  are  modified  to  suit  the  condition  of  the  colonies,  and  we  sec 
no  reason  why  British  institutions  should  net  be,  in  like  manner,  adapted 
to  our  situation.  We  arc  not  s\ich  fools  as  to  believe  that  the  glory  and 
the  value  of  the  lU'itish  Constitution  are  to  be  foun<l  in  the  mace  which 
lies  on  the  table  of  tlie  Commons,  or  tlu;  woolsack  on  which  the  Lord 
Chancellor  sits ;  we  know  tliat  its  great  corner-stone  is  responsibility  to 
the  ])eo[)le.  In  England,  one  vote  of  the  people's  representatives  turns 
out  a  ministry,  and  a  new  one  comes  in,  wdiich  is  compelled  to  shape  its 
policy  by  the  views  and  wishes  of  the  majority  ;  here,  wq  may  record 
live  hundred  votes  against  our  ministry,  and  yet  they  sit  unmoved,  re- 
producing thems(dves  from  their  own  friends  and  conn(!Ctions,  and  from  a 
narrow  i)arty  in  the  country,  who,  though  opposed  to  the  peo[)le,  have  a 
mono[)oly  of  inlluence  and  patronage.  The  sheriff  admonishes  me  to 
be  brief  as  we  have  much  work  to  do.  I  will  not  trespass  much  longer 
on  your  time.  But,  gentlemen,  in  England  the  people  can  breathe  the 
breath  of  life  into  their  government  Avhenever  they  please ;  in  this 
country,  the  government  is  like  an  ancient  Egyptian  mummy,  wrapped 
up  in  narrow  and  anti([ue  j)rejudices  —  dead  and  inanimate,  but  yet  likely 
to  last  forever.  We  are  tlesirous  of  a  change,  not  such  as  shall  divide 
us  from  our  brethren  across  th<!  water,  but  Avhich  will  ensure  to  us  what 
they  enjoy. 

Gentlemen,  all  wc  ask  is  for  what  exists  at  home;  —  a  system  of 
j'osponsibility  to  the  people,  extending  through  all  the  departments  sup- 
ported at  the  public  expense. 


;i^! 


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,  I 


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fi         3! 


ft    if 


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•  ;>■'■ 

^  ■'■■I 

it;: 


8G 


KLHCTION    SI'EKCIIES. 


In  his  spcocli  cU'livercd  at  llic  closo  ol'  llic  p»)ll  at  Halifax, 
then;  is  one  of  tliost;  oiit])nrsts  of  filial  tendernes-s  to  which  ref- 
ercMice  has  already  hvvn  made  :  — 


GoiUli'iiK'H,  I  will  not   tlcliiiii  you  loii^fcr.     Allow  ino  to  say  in  c 


Oll- 


clusioii,  that  I  have  lici'ii  i.u'oud  ami   liappy  to  sei-  not  only  lliosc  friends 
come  here  to  vote  lor  luf  on  this  occasion  who  agree  with  me  in  political 


sentimen 


t,  hut 


lunidriHl 


liose  wlio  liave  known  me  Ironi  a  ( 


lil.h 


niai 


'y 


of  Avhom  Avere  my  schooH'elluws,  or  associates  in  the  sports  of  hoyhooil, 
and  whose  iamiliar  faces  reminded  me  of  many  a  joyous  sctnie.  Those 
who  have  known  me  hest  and  longest,  have  l)een  Ibremost  in  their  ex- 
pressions of  confidence  and  esteem.  J  sincerely  thank  them,  an<l  shall 
endeavor  so  to  conduct  myself  as  still  to  preserve  their  friendship. 
Gentlemen,  I  was  lauglil  hy  the  venerable  being  who  has  passed  away, 
to  resj)ect  my  fellow  creatures,  and  endeavor  to  do  them  good.  I  hope 
I  have  not  ibrgottcn,  and  never  shall  ibrget,  the  lesson.  Pardon  me,  il", 
in  this  moment  of  triumph  —  overcome  by  my  i'eeliiigs  —  lam  but  a 
child.  In  those  scenes  of  iittellectual  contention  which  await  me  —  in 
those  struggles  for  your  rights  and  interests  which  are  yet  to  come,  1 
will,  by  the  blessing  of  God,  endeavor  to  be  a  man. 

To  secure  representative  municipal  goverimient  for  his  native 
city,  and  responsible  govennnent  for  his  nativ(.>  province,  were 
the  openly  avowed  objects  vvhicli  induced  Mr.  ITowe  to  enter 
the  Legislature.  He  was  not  tardy  in  commencing  his  work. 
The  members  were  sworn  in  on  the  olst  of  January,  and  on 
the  motion  to  appoint  a  clia})]ain,  JNIr.  Howe  took  occasion  to 
claim  for  all  religious  denominations  and  creeds  that  perfect 
equality  which  has  been  since  so  universally  recognized  and 
firmly  established  in  every  part  of  British  America.  The  doc- 
trine propounded,  however,  somided  strangely  in  the  cars  of  a 
great  many  people  in  1837.  Its  general  scope  and  tenor 
may  be  gathered  from  this,  the  first  resolution  ever  moved  by 
Mr,  Howe  in  the  House  of  Assembly :  — 

Hesolced,  That,  representing  the  whole  Province,  peopled  by  various 
denominations  of  Christians,  this  House  recognizes  no  religious  distinc- 
tions, and  is  bound  to  extend  not  oidy  (M'ual  justice,  but  e(pial  courtesy, 
to  all. 

Up  to  this  period,  the  Legislative   Council,  which  was  also 


'»;' 


COUXCIL    DOWN. 


87 


the  FiXccntivo,  sal  with  closed  doors  HirouiijlimTt  the  sossion. 
This  ])r!ictic(^,  ridiculed  jiiid  complained  of  for  years,  liad  sur- 
vived Ihc  s!iarp(>st  collisions  of  the  brandy  dispute,  and  had 
been  left  nnrefornied  by  tlu^  I  ist  House.  The  attention  of  the 
new  one  was  called  to  it  without  delay.  Tlie  routine  business 
of  the  openinijf  day  havinj^'  Ixmmi  dispatched,  ]\Ir.  L.  O'C.  Doyk; 
moved,  and  JMr.  Howe  seconded,  tlii^se  resolutions  : — 

Ju'siifrcif,  Thai  the  ]ir;u'licc  Jiiliici'to  piu'sui'd  liy  His  jMajcsly's  Legis- 
lative Council  ill  tills  I'foviiice,  of  cxclmliiig  (ho  ])co[)lc  from  their  delib- 
erations, is  not  only  at  variance  ^vilh  that  of  the  House  of  Lonls  in 
Kn^iiuid,  and  that  of  several  of  llu;  legislulivc  Councils  in  the  other 
llritisli  North  American  colonies,  hut  contrary  to  the  spirit  of  the  r»rit- 
ish  Constitution,  and  injurious  to  the  interests  and  libLTties  of  this  couii- 
try. 

.R('sulrc(h  That  ^\\\'\]o  this  House  has  no  desire  to  deny  to  the  upper 
branch  of  llu?  legislature  the  I'iglil  enjoyod  l)y  the  representatives  of  the 
people,  and  sanctioned  hy  public  o])inion,  of  closing  their  doors  during 
the  discussion  of  questions  of  order  and  privilege,  and  on  ]iartieular  oc- 
casions, Avhen  the  public  interest  may  reciuire  secret  deliljcration,  yet 
they  should  fail  in  their  duty,  if  they  did  not  express  to  His  Majesty's 
Council  the  delil)erate  conviction  of  those  they  represent,  that  the  system 
of  invariable  exclusion,  pursued  for  a  series  of  years,  and  still  pertina- 
ciously continued,  is  fraught  with  much  evil,  and  has  a  tendency  to  foster 
suspicion  and  distrust. 

Resolved,  That  this  House  is  pre|)ared  to  provide  the  expenses  ■which 
may  he  incurred  for  the  accommodation  of  the  public  in  the  legislative 
council  chamber. 

Resolved,  That  the  clerk  do  carry  these  resolutions  to  the  Council,  and 
request  their  concurrence. 

Mr.  Doyle's  speech  on  the  occasion  was  spirited  and  to  the 
point.     Mr.  Howe  said :  — 

lie  trusted  that  all  the  members  would  approach  the  subject  with  the 
same  spirit  as  himself.  They  had  been  sent  there  to  do  the  public  busi- 
ness, not  to  insult  the  members  of  the  Council,  and  he  could  not  conceive 
that  their  actions  could  be  misinterpreted.  From  one  end  of  the  coun- 
try to  the  other,  the  people  were  indignant  at  the  idea  of  one  branch  of 
the  Legislature  sitting  in  secret  conclave,  to  transact  the  public  business. 
It  was  an  insult  to  the  peo[)lc ;  and  in  England,  the   House  of  Lords, 


li'lVi 


Hi 

1:      f 


$1^ 

M 


fill 

.-if' 
.  ;  If; 


vSt 


'i 


HtM 


\ ' 


88 


couxcir,  DOWN. 


willi  all  their  IiiL;Ii  rank  mill  licri'dilniy  priv  ilcu'cs,  ili'l  nut  dai'c  In  sliiit 
tlir  ii('(i|ilc  mil  Iroiii  llicir  (IcIilu'nitioMs.  It  may  lie  sa'nl,  (•(UitiiiiK'd  Mv. 
Hour,  tliat  this  is  iiiciv  iiiatirr  ol' spfciilalioii,  and  tliat  (i|)ciiiii;^f  the  doors 
would  lie  prodiiclivc  ol'  no  liciictit  ;  IjmI  it"  j^ood  rc.-tills  to  iis  iVoiii  llif 
jpiihiicily  ot' our  dt'liliiTalioiis,  what  is  to  ]ii'c\('iil  the  same  cau.-c  fVoiii 
Iia\iiiLr  the  .-aiiic  ellrct  in  the  other  end  of  the  hiiildiiiL!;  ?  At  some  other 
lime  il  may  he  necessary  to  coiisidei'  the  slnictiire  ol'  that  Ixidy — to 
dissect  il,  and  ,-liow  lo  tlie  country  its  iiiilitness  i'or  the  purposes  ol'  u 
l(,2,'i>hilive  as.-emhiy,  lint  thai  is  not  the  (luoslioii  now.  lie  would  ask, 
if  the  Iloti-e  would  ;^i)  on  year  after  year,  allowinu;  one;  branch  of  llio 
Legislatiii'e  to  clo.-e  its  doors  to  the  people?  Were  the  courts  of  justice 
to  he  shut  Up,  he  feareil,  from  the  natural  inllriiiily  of  the  hiinian  mind 
and  the  dan;,Trou.s  ell'ecis  of  secrecy,  that  those  men  who  now  <liscliarge 
llieir  diilies  upon  the  heuch  with  honor  ami  inleirrity,  would  he  apt,  when 
the  [)uhlic  eye  was  removed,  to  become  corrui)l  and  unlit,  for  (heir  ollioes. 
lie  would  ask,  if  il  were  necessiuy  to  keep  njxni  the  lower  house,  choson 
as  it  was  freely  Ity  th(!  ]ieopIe,  (he  salutary  and  wholesome  check  of  the 
public  eye,  should  it  be  saiil  that  that  check  was  less  necessary  to  a  body 
indiienced  chielly  by  placemen,  whom  the  ]»eo])le  could  neither  apiioint 
nor  removi' '?  Why  shouM  tlu^  ])eoi)le  of  Lower  Canada  enjoy  a  privi- 
IcLTe  of  which  v,e  wi'i'e  deprived?  Why  should  the  little  i.-land  of 
Prince  Kdward,  and  New  I'oiindland,  with  its  iK^wly  constituted  le<i;isla- 
ture,  be  moi'e  lluored  than  we?  lie  would  have  felt  himself  guilty  of 
il  Jie,uk'ct  of  duty  if  he  had  failed  (o  bring  (he  matter  before  the  House; 
but  while  the  measure  was  a  necessary  one,  it  was  projier  to  bring  to  it 
the  best  tem[)er  ;uid  spirit,  and  it  would  bo  perceived  that  the  words  ol" 
the  resolutions  were  particularly  respectful. 

These  rosokiiioiis,  slightly  aiucndcd,  were  passed  nnuni- 
mously,  and  sent  to  the  Couiu-il.  On  the  4th  of  February 
they  were  answered.  "  His  Majesty's  Council,"  as  it  used  to 
be  called,  denied  the  right  of  the  House  to  eominent  on  its 
modes  of  procedure.  Wliether  their  deliberations  were  open  or 
secret  was  their  concern,  and  theirs  only.  The  subject  had 
been  under  consideration,  and  they  would  consider  of  it  again. 
Taunts  were  add(>d  to  open  defiance,  and  both  Houses  were 
thus  fairly  committed  to  a  contest  which  was  destined  to  take 
a  wide  range,  embrace  an  extensive  field  of  discussioji,  and 
engross  public  attention  for  a  series  of  years. 

Early  in  the  session,  a  bill  was  introduced  by  IMr.  Doyle  for 


I    iti',. 


t;t:pi,y  to  stkwaht. 


80 


rodnciiiij;  I  In'  dnratidii  of  I'uiTMimciit  from  seven  years  to  ft)ur. 
Aiiiiiiiited   (lel)iiles  anise  upon  this  nieiisiire.     Mr,  Howe's  part 
in    llicni  was  sullieieiitly  consiiienous.      lie  supported   the  hill. 
Mr.  Stewart,  wiio  o|)[)osed    it,  and   who  resented    Mr.    Ifowe's 
ne\vspa])er   eritieisnis   n[)ou    the   eonchiet    of   the    hist    Jlouse, 
attacked   him   with    i^reat    bitterness    and    severity,  and    chal- 
lenged him  to  a  discussion  of  the  points  involved, andtoa  de- 
fence of    his    opinions    elsewhere    exjiresscd.      We    reinend)er 
the  scene  as  distincllv  as  if  it   occurred  but  yesterday.     Mr. 
Jlowe  had  sat  n[)on  the  red  benches  but   I'onr  days,      lie  was 
altDi^ether    unpractised    and    vniknow'n    as    a    piU'lianientary 
debater;    and  when   one   of   the    most  alih*   and    experienced 
lea(h'rs  of  i\n\  Assembly  —  havinir  hurled  at  his  head  sarcasm, 
arjj^ument  and  deli;ince  —  sat  down,  every  eye;  was  turned  to 
the  new^  member  for  Halifax,  and  a  good  many  of  his  warm 
friends  were  doubtful  of  his 'ability  to  bear  the  shoi-k.      In  the 
court  and  on  the  huslini^s  he  had  astonished  everybody;  but 
the  Assembly  was  a  diU'erent  scene.     JIt^  might,  or  might  not, 
be   able  to  hold   his  own   with  half  a   dozen  skilful   and   able 
debaters  sitting  around  him,  ready  to  search  every    joint  in  his 
armoiu'.     We  felt  that  much  in  his  fut pre  career  depended  upon 
his  ability  to  bear  that  shock.     As  ]\[r.  Stewart  sat  down,  he 
rose,    and    without    a    moment   for  rt  (h'clion   or   })reparation, 
accepted  the  challenge,  and  hnrled  ])ack  upon  him  argument 
and  sarcasm,  with  the  n(>rve  and  ])oldness  of  a  person  very  un- 
likely to  ho.  intimidated,  and  with  the  iluency  of  a  practiced 
debater.      Prom  that  moment,  Mr.  Howe  might  be  said  to  have 
won  his  footing  in  the  new  House,  and  bef  )re  the  close  of  the 
session  he  was  the  acknowledged  leader  of  the  •    j  ailar  majority. 
We  give  this  speech, not  b(^caus(^  there  is  any  tu    ,,"  very  remark- 
able; in  it,  but  because;  it  marks  a  |)eriod  in  his  public  lite  and 
mental  development  to  which  his  friends  attach  some  interest :  — 

j\Ii'.  IIowo  was  at  all  tiiiics  anxious  not  to  tire  llic  House  with  much 
talkintx;  lie  knew  from  experience  fiiat  members  were  not  inclined  to 
waste  time  in  listeninjjf  to  speeches  not  hearing  on  (he  question,  or  etil- 
eulnted  lo  fiicilitate  llie  business  before  the  House.  I  have,  said  he,  stu- 
diously refrained  from  making'  charges  in  this  Assembly,  upon  those  that 
preceded  it.     My  opinions  ;is  lespeets  llieir  measures,  1  have  elsewhere 

8* 


''^i 


Ii*4;:i 


in 


00 


TEPLY  TO   STEWART. 


m 


m 

iiiili 


frct'ly  cxprci'scd  ;— for  tlioso  opinions  I  fuii  of  coiir-ic  rosponsililc  ;  —  l)iit, 
I  pi-csiinu!  tliat  I  0!in  only  be  ciillcil  on  Iktc  to  dcfcnil  wliat  I  may  say 
and  do  as  a  nicndtcrol'  lla-  House.  As,  liowcvcr,  llic  IcmimmmI  and  lioiior- 
idtlf  nicnil)i'r  IVoni  C'innlirrlaiid  lias  tlion.^dil  proper  to  cliallenp'  those 
who  have  elsewhere  arrai^^ned  (he  eonduel  of  tlie  last  lloii-e,  and  ealloil 
upon  tiieni  enipiiatieaiiy  to  meet  him,  and  put  their  valine  cliarges  into 
shape  and  form,  I,  as  one  of  tliose,  am  ready  to  accept  his  eiiallon;fe, 
and  to  point  him  to  some  (»f  the  rea-ons  whicli  in(hiced  me  to  liml  fanlt, 
—  which  created  dissatisfaction  in  ihcM-onntry  —  and  wiiicli,  I  believe 
earned  lor  that  body  a  n'putation  that  1  trust  the  present  House  will 
endeavor  to  avoid. 

I  will  not  j^o  into  an  elaborate  review  of  all  th(>  nn'asures  of  that 
Assembly  ;  but  the  learned  gentleman  will  permit  me  to  turn  his  attention 
to  on(>  of  their  earliest  acts  —  to  remind  him  that  while  yet  fresh  from  tlio 
hustings,  with  j)opnIar  professions  and  sentiments  of  patriotism  on  their 
lips,  one  of  the  lirst  things  they  did  was  to  increase  their  own  )»ay. 
Was  not  tins  a  measure  ealeidated  t(»  arouse  suspicion  ?  To  e\eite  the 
people's  fears?  And  though  in  itself  i)erhap.s  a  triile,  was  it  not  a  pretty 
decided  indication  of  the  sjjirit  and  leanings  of  that  Assembly?  One 
of  the  next  things  tluy  did  was  to  double  their  Speaker's  salary.  The 
learned  gentleman  will  perhaps  also  allow  me  to  remind  him  of  the 
commutation  of  the  (juit  rents  —  that  ridiculous  arrangement  by  which 
£2000  ]ier  annum  wen;  taken  from  the  resouices  of  the  country  to 
swell  the  casual  revenues,  by  which  the  only  chance  Ibr  reducing  our 
enormous  salaries  and  making  a  ^alisl'aclory  adjustment  of  the;  civil  list, 
likely  to  occur  for  years,  was  lost  to  the  Province,  and  the  hands  of  those, 
already  too  powerful  for  mischief,  were  thereby  strenglhened.  Th(\so 
an;  some  of  the  things  Avhich  that  House  did  ;  allow  me  to  turn  to  some 
others  which  it  neglected,  and  which  this  one  has  as  yet  shown  no  dis- 
position to  neglect,  and  I  trust  may  yet  accomplish.  The  learned  mem- 
ber has  talked  in  a  sneering  tone  of  what  this  House  has  already  done. 
What  has  been  done  will  be  acce[)table  to  the  country,  as  at  least  a 
pledge  that  it  intends  to  do  much  more.  It  has  already  recorded  its 
opinion  of  the  right  of  all  religious  denominations  to  perfect  equality ; 
it  has  abolished  one  invidious  distinction;  and  I  trust  it  will  I'ollow 
up  that  measure  with  another,  which  will  drive  the  bishop  from  the  other 
branch  of  the  Legislature.  Tlu;  members  of  this  House  are  the  repre- 
sentatives of  the  people,  composed  of  every  religious  creed,  and  it  is 
their  duty  to  see  that  no  particular  and  favored  church  has  its  represent- 
ative, as  a  matter  of  exclusive  right,  at  the  council  board. 

The  learned  member  from  Cumberland  is  fearful  that  the  Quadren- 


I 


REPLY  TO   STEWART. 


01 


nial  liill  is  oalciilatcil  >  destroy  tin-  iiilliKMicc  of  this  IIoii-o  upon  the 
oilier  braiiflu's ;  Imt  I  will  a^k  him  ii'  the  ia4  scptciiiiiiil  Asscmhly  look 
iiiiy  {■nVcliial  stf'ps  to  diiiiiiii-h  lln'  powers  of  His  Majesty's  C'oiiiicir:' 
Did  they  a-k  lor  the  removal  ol"  the  hl'hop?  Did  they  not  leave  tiie 
Chief  Jii.-lic»^  to  jire^ide  over  that  hoard  —  to  miui^h.'  in  the  strife  ol'  poli- 
tics, and  hy  his  iMlhieiice  over  th(!  courts  and  the  bar,  to  Ib.-terand  maiii- 
tiiin  11  narrow  and  illiheral  party  in  tin;  conntry,  opposed  to  measures  of 
reform,  and  the  jii-t  claims  and  acknowkHlged  interests  of  the  ])eople  ? 
I  trnst  thai  this  Assembly  will  endeavor,  a-  far  as  po-^iiile,  to  draw  a 
broad  line  of  demarkalion,  separalimij  tiie  juiheiary  from  politics,  and 
for  one,  T  am  fre(3  to  declare,  that  I  will  n(!ver  rest  until  the  Chief  Jns- 
tico  is  removed  from  the  Conncil.  I  will  ask  tho  learned  ^rentleman  if 
the  last  House  altempled  any  thing  ctlectual  to  sati>fy  tin;  general  wish 
of  the  conntry,  by  improving  the  ^trnclur(>  of  that  branch?  Does  he 
consider  that  body,  as  now  con.-ti luted,  such  a  one  as  ought  to  exist,  to 
pass  npon  the  measures  of  this  House,  and  di-patch  the'  bu:>ine-;s  of  the 
Province?  He  know.s  that  members  of  that  body  are  called  upon  in 
one  capacity  to  make  the  laws,  in  another  to  ailmini>ler  them,  and  in 
a  third  to  advise  theexeeiitive  as  to  their  execution.  Such  a  comliinatiou 
of  powers  is  at  vai'iance  with  the  prineiples  of  the  IJriti-h  Constitution; 
and  if  it  be  true,  as  has  been  pretended,  that  the  abridgmiMit  of  tin? 
period  to  four  years  will  fail  to  weaken  their  influence,  I  have  liltli.' 
doubt  that  letting  the  public  eye  range  over  their  di'liI)erntions  will  cro 
ate  a  salutary  check  upon  their  conduct.  But  this  House  will  lidl  >hort 
of  its  duty  if  it  stops  here  ;  —  it  should  endeavor  to  have  a  reconstruction 
of  that  body. 

Having  shown  the  learned  and  honorable  gentleman,  in  answer  to  his 
defiance,  my  opinions  of  some  of  the  acts  and  omissions  of  the  past 
House,  I  will  not  occupy  time  longer  with  that  subject.  I  support  the 
present  bill  because  I  believe  it  will  improve  the  character  and  increa»;e 
the  power  of  the  popular  branch,  and  because  I  am  satisllel  it  will  be 
acceptable  to  the  people.  It  will  give  them  more  fre([uent  opportunities 
of  reviewing  the  conduct,  and  rewarding  the  faithfulness  or  puni.-hing 
the  neglect  of  members,  and  therefore  T  know  that  it  nnist  be  praclicidly 
useful.  I  will  not  libel  the  character  of  the  constituency  of  the  country, 
by  attributing  as  some  gentlemen  have  done,  the  results  of  the  last 
election  to  mere  accident.  Here  and  there  some  local  combinations,  or 
some  impro[)er  influence  may  have  been  brought  to  bear  ni)on  jjarticular 
contests;  but  the  electors  in  general  knew  well  what  they  were  about. 
I  said  on  a  former  day  that  I  was  desirous  of  coupling  this  measure 
with  the  ,  ute  by  ballot,  but  was  afraid  of  eudangerhig  one  good  princi- 


M 


i 


^  Hi 


.K 


02 


nnPLY   TO  STEWAHT. 


I 


;!  !!=■. 


m 


Jill'  )•}'  scckliicr  ton  miicli  in  llio  sanwi  liill.  Vet  I  slioiild  liavo  licon 
n«liiim('(l  to  iilldw  lliis  ti»  |p!iss  witlioiit  ;,'Iviiiir  liiii'  iidiicf  of  my  iiilcD- 
lions  (()  Iii'ini;  llic  oilier  Coiujiril  at  a  f'litiirc  lime  TIp"  lioiioraliic  and 
IcariH'il  ;.>TiilIrmaii  iVom  ('iiiiiIk  riainl  Iia-i  a>k('(I.  il'  Hmr  yai's  In'  '.'ooil 
\\\iy  will  mil  one  lie  licllrr?  If  iliat  .i^etillcman's  coal  woiilil  wcai-  wril 
for  I'oiir  years,  wliere  \v<iul(l  lie  tlic  nt'cossity  I'or  jrettiii;;  a  new  <int'  every 
spriii.LT?  Hut  if  it  wonid  not  last  seven,  \vliy  slioiiid  lie  wear  il  i'nv  llirt'O 
years  after  it  lieeaiiie  slialiliy  ami  di'l'aeed? 

Tlie  learned  and  lionoralilo  f^entleinan  I'roin  .Iii-te-an-('or|i-;,  lias  stated 
lliat  lie  i>  (i|i|io-e(l  to  the  Iiallot  ;  thai  he  is  only  (iir  a  safe  and  moderate 
reform;  and  (hat  he  fejirs  to  introduce  any  new  princi[ile  thai  has  not 
been  saiictioiiecl  hy  the  jiraclice  of  the  mother  coimtry.  For  my  part, 
I  cannot  altogether  ai:,'ree  with  Iiiin.  1  have  not  thai  pions  horror  of  iinio- 
vatioii  with  which  some  LTcntlcmen  arc  iinliiied.  I  do  not  thiidv  that  the 
colonial  le,!ii>laliircs  ,-hoiild  always  shrink  fr<iin  the  adoption  ol  a  soimd 
princiiilc  till  the  Imperial  TarliainenI  sets  them  the  exampii'.  AVoiild 
the  learned  gentleman  ii(\Ldect  to  shiiiLrlc  his  lionse  till  some  wealthy 
neifrhlior  over  the  way  put  his  in  a  state  of  i-epair?  I  admit  that  inno- 
vations should  not  lie  hastily  pressed  in  any  country.  1  will  not  ailvisc 
])iilling  down  and  changing  mcndy  iiir  anni-ement — liut  am  anxious 
that  this  ironse  should,  without  i'cferenc(!  to  what  may  lie  done  in  other 
countries,  or  said  across  the  water,  ascertain  where  th(>  slme  pinches  t/s, 
and  having  done  so.  with  a  firm  hand  remove  tlu^  evil.  As  i-egards  the 
iu'ee--ity  for  annual  cdecti<ins  which  learned  gentlemen  have  urged.  I  am 
well  aware  that  there  are  stratagems  in  politics  as  well  as  in  war;  and 
tliat  when  it  is  found  impossible  to  break  down  a  measure  by  fair  argu- 
ment, its  opponents  sometimes  try  so  to  extend  the  princijile  as  to  alarm 
the  fears  of  those  who  seek  only  for  rational  reform.  I  am  jirepared  to 
vote  against  the  learned  gentlemen  ;  T  will  try  the,  exjieriment  of  four 
years,  suid  trust  it  will  have  a  beneficial  elfect  u[ion  the  legislation  of 
the  Province.  References  have  been  made  to  the  law  preventing  the 
dissoliiiion  of  the  House  on  the  demise  of  the  King.  I  ajiproved  of 
that  law.  Tn  England  there  are  sound  reasons  for  a  dissolution;  a  new 
ministiy  comes  in,  as  a  matter  of  cour.-e.  Hut  wdiat  effect  has  the  death 
of  a  dozen  kings  on  the  i>ublie  atfairsof  Nova  Scotia?  They  may  pass 
away  as  ra[)idly  as  Danqno's  ghosts  vanish  from  the  stage,  williout  pro- 
ducing any  sensible  intluence  here.  To  follow  out  the  pi-incijile  fairly, 
the  House  of  Assembly  ought  to  be  dissolved  everytimc;  the  colonial 
ministers  are  changed  (and  they  are  changed  often  enough,  Heaven 
knows),  for  they  are  the  real  colonial  kings. 

I  was  not  desirous,  Mr.  Chairman,  to  go  back  to  former  Houses  of 


^'u\,.> 


m 


TWKLVR    nESOLl'TIONS. 


03 


I  ' 


A'^('iiil)lv,  iHir  ti>  I'.'i--'  "iiy  t'rii-iirr    Iifi-i',  whalcvtr   I   may  lia\c  don 


i'l>C'\vln'l'c,  iipuii    tl 


H'lr   II 


ii':isiin>i,  lint    lia\r    liccii  ili'awii    IiiIm  il    liywlial 


\Vi\-i  .-Mill  I'V  nllici'-.      I  liavc   In  iUimI  n  lillli'   iiitn   ill.'  pre iliii;.'-*  nl'  l")!'- 

1111  I'  A--<'iii!»Ii<'-.;  niwl  -n  liira-  I   am  I'liai'ii'iu'ij,  I   am  ili'-irnii-;   Ik  iimk<! 
the  !cL'i-Iatii)ii  1)1'  tlii>  llna-i'  a>  lillli'  llki'  lliciis  as  |i(i--II)!('. 

Diiriiii^  lh(!  week  which  rollowcil  ilic  (Iclivcry  orilu'  Coiiiicirs 
M('ssiijL(<',  ihcri'  was  iniich  iiiirtli  and  csldciit  triiiinph  in  ihc 
K\rciilivc  ciri'lcs  ;  iiuicli  :iii\i('ly  and  i\rr\)  inijiirnation  \vrrf> 
plainly  visible  in  ihc  ranks  of  llic  ( )i)iM)siti(in.  Two  modes  wen^ 
.siiij;^feste(l  by  which  the  crisis  nii^lii  be  met.  ]\Ir.  .lolin  NduMi^ 
moved  two  resohitions  on  Ihe  Ilth  of  Febniarv.  whieli  witc 
desi:!;ned  lo  be  conciliatory,  and  to  jir'veni  o[)eii  collision  with 
the  Coinicll ;  while,  at  the  same  lime,  they  e\prr>.-ed,  in  linn  but 
respect I'nl  lanijir.ii^e,  the  views  which  the  IToiise  cnteiiaincd 
iij)on  the  siiij^le  ([uestion  mider  discussion.  Had  these  resolu- 
tions been  a(lo|)led,  the  new  llon.-e,  liki-  the  old,  v.'ould  h;iVO 
yielded  under  the  pressure  »)!'  His  Majesty's  Council,  and  all 
liope  of  im|)rovemeut,  either  in  the  constitution  of  the  ctauitry 
or  in  its  uiodes  ot'adminislraliou,  would  hiive  been  iudelinitely 
postponed.  Mr.  Howe  saw  this  clctu-ly,  and  determiued  at  once 
to  jj^rapple  with  the  l''i\eeutive,  ;iud  lay  bare  th(>  !d)uses  which 
liad  aecmuulated  under  the  old  system  of  ij^overiniient.  Jfe 
moved,  in  amendment  of  those  oU'ered  by  I\Ir.  Youn^,  twelve 
resolutii)ns,  and  explained  and  enforced  the  n(>ccssity  for  adopt- 
ing them  in  a  speech  wliiih  ot-cupied  an  hour  and  a  half.  The 
resolutions  startled  TTis  Mtijc'sty's  Council,  but  gavo  general 
satisfaction  to  the  country.  We  reprinl  then),  with  the  speech 
in  which  they  were  explained  :  — 

1.  Jicxohrd,  That  !i  coinmitloe  1)0  appoiiitetl  ti)  draw  U[)  an  a<l(lros>i  to 
Ili.s  i\rajcsty  to  cinhnu'c  the  siilistance  of  tlie  following  resolutions  : 

2.  Jicsoh'cd,  That  in  llu^  infamy  of  tiiis  colony  its  whole  government 
Avas  necessarily  vested  in  a  (ioveriior  and  Couneil ;  and  even  after  a 
Ivepi-esentative  Assembly  was  granted,  the  practice  of  choosing  Members 
of  Comu'il  exclusively  from  among  the  heads  of  departments,  and  [>er- 
sons  resident  in  the  capital,  was  still  pursued;  and,  with  a  >iiigle  exeeii- 
tion,  has  been  continued  down  to  the  present  time.  That  IIk.'  practical 
cil'ects  of  this  system  have  been  in  the  highest  degree  injurious  to  iho 
best  interests  of  the  country  ;  inasmueh  as  ouo  entire  branch  of  the  Leg- 


nT 


-T  ir 


h  i  i< 


' » 


94 


TWELVE   RESOLUTIONS. 


,'i       ■: 


¥'•■ 

''  if 


i  i 


m 


islntni'o  lias  ffriiprnlly  hoon  composed  of  men,  who.  from  the  wnnt  of 
local  kiiowleilj^i!  ami  cxpcricncf,  were  not  (|iialifie(l  lo  (lecicl(>  upon  the 
Avanfs  or  just  claims  of  distant  portions  of  tlic  Province,  by  which  tlie 
efforts  of  the  rejjresentative  branch  Avere,  in  n'any  instances,  nentralized 
or  rendered  of  no  avail ;  and  of  ollici's,  who  had  a  dir(>ct  interest  in 
thwarting  the  views  of  tlie  vVssemhIy,  whenever  it  attempted  to  carry 
economy  and  improvement  into  tlie  (k'])artments  nnder  their  controh 

0.  lii'soIrofJ,  Tiiat  a.mong  the  many  jn'oofs  that  might  Lc  ad(hiced  of 
the  evils  arising  from  this  imperfect  structure  of  the  upper  brancli,  it  is 
oidy  n(>cessary  to  refer  to  the  unsuccessful  efforts  of  the  Assembly  to  ex- 
tend t.)  the  outi)orts  the  advantages  of  foreign  trade;  to  the  enormous 
sum  which  it  was  compelled,  after  a  long  struggle,  to  resign  for  the  sup- 
port of  the  customs  establishment ;  to  the  diinculties  thrown  in  the  way 
of  a  just  and  liberal  system  of  education;  and  to  the  recent  abortive  at- 
tempts to  abolish  the  illegal  and  unnecessary  fees  taken  by  the  judges  of 
the  supreme  court. 

A.  Jicsolrcd,  That  while  the  population  of  this  Province  is  com[)Osed, 
as  appeal's  by  the  last   census,  taken  in    1827,  of  twenty-eight  thousand 
six  hundred  and  fifty-nine  members  of  the   Episco])al   Church,  and  one 
hundred  and  fifteen  thousand  one  hundred  and  ninety-five   Dissenters, 
which  proportions  may  be  assumed  as  fair  at  the   present  time,  the     p- 
pointments  to  the  Council  arc  always  studiously  arranged  so  as  to  .sec  n; 
to  the  members  of  the  Church,  embracing  but  one-fifth  of  the  populati    \ 
a  clear  and  decided  majority  at  the  board.     That  there  arc  now  in  tli 
body  eight  members  representing  the  Church;  that  the  Presbyterian, 
who  outnumber  them  by  about  nine  thousand,  have  but  three ;  the  Cat! 
dies,  who  an;  nearly  equal,  h.avc  but  one  ;  while  the  Baptists,  amount!? 
by  the  census  of  1827,  to  nineteen  thousand  seven  hundred  and  nine    , 
and  the  Methodists  to  nine  thousand  four  hundred  and  ninety-eight,  r    I 
all  the  other  sects  and  denominations,  are  entirely  unrcpi'csented,  and  sli>... 
out  from  influence  in  a  body  whose  duty  it  is  to  legislate  for  all. 

5.  I?esoIred,  That  while  the  Catholic  bishop  has  no  seat  at  the  coun- 
cil board,  and  while  clergymen  of  all  other  denominations  are,  as  they 
ought  to  be,  carefully  excluded,  the  bishop  of  the  Episcopal  Church  al- 
ways has  been,  and  still  is  a  member. 

(j.  Ri'sulred,  That  while  Dissenters,  as  they  have  a  right  to,  justly  com- 
plain of  a  state  of  things  so  exclusive  and  insulting,  they  would  regard 
its  continuance  with  more  indifference,  if  it  did  not  lead  to  a  general  and 
injurious  system  of  favoritism  and  monopoly,  extending  throughout  al- 
most every  dei)artinent  of  the  public  service  over  which  the  local  gov- 
ernment ha\e  control ;  thereby  vesting  in  the  hands  of  a  part  of  the 


TWELVE    IJEHOLUTIONS. 


95 


])opulatioii  ihc  rcsoinri's  ;u'isiiii,'  fVom  tlir  iiuliistry  of  tlio  wliolc,  iuid  ore- 
jitinjJ!  invidious  (lisliiictioiis  and  jealous  discontent  in  the  minds  ol'  large 
nunibors  of  liis  ^lajesty's  loyal  subjects. 

7.  JicsoJrctI,  That  two  liunily  connections  ei/ibrace  five  members  of 
llie  council;  that,  until  very  recently,  when  two  of  theni  retired  from  the 
firm,  five  olhers  were  copartners  in  oni;  mercantile  concern;  and  to  this 
circinastance  may  be  altrii)ute(l  iho  failure  of  the  efibrts  of  this  Assem- 
bly to  hx  a  standard  of  value,  and  establi>h  a  sound  currency  in  the 
Province. 

8.  Jivsuliri/,  That  the  As>einl)ly  of  this  Province  have  for  years  as- 
serted, and  still  most  respectfully  assert,  their  riglit  to  control  and  dis- 
tribute the  casual  and  territorial  revenues  of  the  country,  whether  aris- 
ing from  the  fees  of  ofiice,  the  sale  of  lands,  or  the  royally  paid  upon 
the  produce  of  the  mines.  But  this  House  regret  that  hitherto  their  ef- 
forts to  obtain  justice  in  this  respect  have  been  unsuccessful.  The  lands 
of  the  Province  are,  in  eil'ect,  mortgaged  to  [jay  to  the  commissioner  a 
salary  out  of  all  proportion  to  the  services  he  is  calh.d  on  to  perform  ; 
\vhile  all  the  muie.s  and  minerals  of  the  Province  have  l)een  leased  for 
sixty  years  to  a  ■wealthy  English  company,  -without  the  consent  of  and 
independent  of  all  control  by  the  r('i)resentatives  of  the  iieojile. 

1).  lit'suh'cd,  That  apart  from  the  mere  tpiestion  of  judge's  i'i^v.^,  which 
this  House  has  pronounced,  and  still  believes  to  be,  unconstitutional  anel 
illegal,  the  presence  of  the  Chief  Justice  at  the  council  board  is  unwise 
and  injurious,  having  a  tendency  to  lessen  the  respect  which  the  peo- 
ple ought  to  feel  for  the  courts  over  which  he  presides.  From  the 
warm  interest  he  has  always  manifested  in  [lublic  ([uestion-:,  and  i)ar- 
ticuhirly  in  some  of  those  in  which  the  Ivepresentative  branch  and 
His  ^Majesty's  Council  have  been  diametrically  ojjposed,  and  from  the 
infiuence  which  his  position  gives  him  over  a  numerous  bar,  he  has  gen- 
erally been  regarded  as  the  head  of  a  political  pari}-;  and  freiiuciitly 
been  brought  into  violent  conflict  Avith  a  ))eople  imbued  with  the  truly 
])ritish  idea,  that  judges  ought  not  to  mingle  in  the  heats  and  contentions 
of  politics. 

10.  liesolvcd,  That  the  evils  arising  from  the  structure  of  His  IMajes- 
ty's  Council,  and  the  disposition  evinced  by  some  of  its  members  to  i)ro- 
tect  their  own  interests  and  emoluments  at  the  expense  of  the  pul)lic, 
arc  heightened  and  rendered  more  injurious  by  the  unconstitutional  and 
insulting  ])ractice,  still  "pertinaciously  adliered  to"  by  that  body, of  sinit- 
ting  out  the  people  from  their  deliberations.  This  practice  they  still 
maintain,  although  it  is  opposed  to  that  of  the  House  of  Lords  in  Eng- 
land and  that  of  the  Legislative  Councils  of  Lower  Canada,  New  Pruns- 


4 


M 


■mi 


■■;.** 
li: 


t'\ 


v!  i 


9G 


TWELVE   RESOLUTIONS. 


^*if 


wick,  Princo  Edward  Island,  and  Ncwfouiidlaiid ;  and  notwitlistanding 
tin;  iniinnms  and  ( omplaints  of  the  people  for  a  long  ,<erie.s  of  year:^, 
and  the  repeated  i'e[)reseii(ations  and  renionslranoe.s  of  this  Assembly. 

11.  Jicsolfc'l,  That  v.hile  the  II(Mise  has  ;i  ilue  reverencie  lor  l^ritish 
iii-lilulii)n<,  and  a  desii'e  to  preserv(>  to  theni-elves  and  their  ehildrcm 
the  advantages  of  that  eonstitiitlon,  under  which  their  brethren  on  the 
other  side  of  the  Atlanlie  have  enjoyed  so  inueh  prosperity  and  happi- 
ness, they  cannot  but  feel  that  those  they  represent  participate  but 
slightly  in  these  blessings.  They  know  that  the  s[)irlt  of  that  Constitu- 
tion—  the  genius  of  those  institutions  —  is  complete  responsibility  to  the 
jieo[)l(\  by  whose  resources  and  ibr  Avliose  benefit  they  are  maintained. 
But  sad  experience  has  taught  them  that,  in  this  colony,  the  people  and 
their  repi-esentatives  are  powerless,  exercising  upon  the  local  government 
wvy  little  inflnence,  and  j)ossessing  no  ('irectual  controh  In  England, 
the  ])('Oid(>,  by  one  vote  of  their  representatives,  can  change  the  ministry, 
and  alter  any  course  of  ])oliey  injurious  to  their  interests  ;  here,  the  min- 
istry are  His  Majesty's  Council,  combining  Legislative,  Judicial,  and 
Executive  powers,  holding  their  seals  for  life,  and  treating  with  contempt 
or  indiderenee  the  wishes  of  the  peo[)le,  and  the  representations  of  the 
Connnons.  In  England,  the  Ivepresentativo  branch  can  compel  a  re- 
dress of  grievances,  by  withholding  the  supplies  ;  here,  they  have  no  such 
remedy,  because  the  salaries  of  nearly  all  the  public  olficers  being  pro- 
vided i'or  by  permanent  laws,  or  paid  out  of  tin;  casual  and  territorial 
revenues,  or  from  the  produce;  of  duties  collected  under  Imperial  acts,  a 
stojtpagc  of  supplies,  while  it  inflicted  great  injury  upon  the  country,  by 
leaving  the  roads,  bridges,  and  other  essential  services  unprovided  for, 
woidd  not  touch  the  emoluments  of  the  heads  of  departments  in  the 
Council,  or  of  any  but  a  few  of  the  subordinate  ollicers  of  the  govern- 
ment. 

12.  ResoJccd,  That,  as  a  remetly  for  tlies(3  grievances,  Ilis  jMajesty  be 
implored  to  take  such  ste[)s,  either  by  granting  an  elective  Legislative 
Council,  or  by  suv-h  other  reconstruction  of  the  local  government,  as  will 
insure  re-ponsibillty  to  the  Commons,  and  confer  upon  the  people  of  this 
Province,  what  they  value  above  all  other  jjossessions,  the  blessings  of 
the  British  Constitution. 

Mr.  llowe  then  i'os(>  and  spoke  to  the  following  effect.  I  wish,  Mr. 
Speaker,  either  that  I  had  the  abilities,  the  eloquence,  and  the  logical 
mind,  of  the  honorable  g(>ntleman  from  the  county  of  Sydney,  or  that  he 
had  tidcen  the  same  views  that  I  do  of  the  present  question.  Or,  sir,  I 
wish  that  I  jjosscssed  your  tine  talents  and  graceful  oratory,  that  on  a 


I' 

0 

t: 
1 

e 


loO_ 


STRUCTURE    OF   COUNCIL. 


97 


former  occasion  rescued  tins  House  from  the  degrading  position  in  wliich 
it  was  sought  to  be  phiced  by  Ilis  Majesty's  Council  ;  or  that  having  to 
rely  upon  the  feeble  powers  of  my  own  mind,  it  was  less  clouded  by  sad 
thoughts  than  it  is  now.*  The  subject  bi.-fore  us  is,  in  itself,  suiliciently 
serious  and  depressing ;  and  I  beg  to  assure  gentlemen  all  around,  that 
it  has  been  to  me  a  source  of  infinite  anxiety  and  solicitude.  I  feel  that 
not  only  this  House,  but  the  country  it  represents,  is  placed  in  a  posi- 
tion the  most  degrading ;  tliat  we  are  cursed  with  a  form  of  govern- 
ment which  is  not  tliat  under  which  we  can  ever  hope  to  pi-ospei".  Some 
gentlemen  may  perhaps  imagine,  that  I  and  otiiers  have  sought  the 
necessity  which  now  forces  us  into  this  discussion,  that  we  intended  it 
from  the  outset ;  l)ut  I  beg  to  assure  them  tliat  nothing  was  further  from 
my  thoughts.  I  felt  anxious  that  the  doors  of  the  Council  should  be 
opened,  and  intended,  some  time  before  the  close  of  the  session,  to  invite 
the  attention  of  the  House  to  what  I  conceived  to  be  imperfections  in 
the  structure  of  that  body;  but  I  had  no  idea  that  the  two  questions 
would  have  been  blended ;  and  when  my  honorable  and  learned  friend 
from  Isle  Madame  consented  to  strike  out  of  the  resolutions  the  only 
Avords  that  could,  by  any  possibility,  be  deemed  otfensive,  I  felt  assured 
that  the  Council  would  yield  to  our  reasonable  demand,  and  that  that 
branch  of  the  subject  was  forever  set  at  rest.  I  knew  that  it  was  the  right 
and  the  duty  of  ihis  House  to  represent  to  either  brancli  of  the  Legislature 
the  views  and  wishes  fif  liiC  people,  and,  as  we  had  sent  up  a  temperate  and 
respectful  remonstrance,  one  with  which  the  Council  might,  with  a  good 
grace,  comply,  I  hoped  that  there  would  have  been  an  end  to  the  matter, 
and  that  we  were  rid  of  a  vexed  and  troublesome  question.  I  need 
scarcely  turn  your  attention  to  the  character  of  the  answer ;  if  I  was 
more  than  ordinarily  excited  when  it  was  read,  it  was  because  I  felt  in- 
dignant at  the  treatment  which  the  whole  Province,  in  our  persons,  had 
received;  and  I  appeal  to  the  honorable  and  learned  gentlemen  who 
opposed  those  resolutions,  Avhether  the  answer,  read  by  the  deputy  clerk 
at  the  bar,  did  not  make  their  blood  boil  with  indignation  ?  Sir,  I  know 
they  felt  as  I,  as  all  Avho  sincerely  love  the  country  in  which  we  live  must 
have  felt,  that  the  people  of  Nova  Scotia  and  their  representatives  were 
placed  in  a  perilous  and  d(>graded  situation,  if  sui'h  insults  could  be 
offered  unrebuked.  Tliat  while  we  possessed  the  name  of  Britons  — 
that  while  we  were  accustomed  to  read  British  books,  and  study  the 
British  law,  we  were  without  either  the  spirit  or  the  forms  of  liberty 
enjoyed  by   the  great  country  to  which  our  affections  cleaved.     Then 

*  His  mothci',  to  whom  he  was  much  attached,  died  on  the  14th  February. 
9 


m 


it 


i'i  '  ■ 

•li. 

"  i  1' 

■  I'i 

J  Ml 

u  f  ■    \ 


I 


if 


^m 


98 


STRUCTURE   OF   COUNCIL. 


it  was  that  the  oonviction  fhished  on  my  mind  tliiit  tli(>  lime  wns  conio  — 
carliiT,  it  i.s  trne,  tliun  I  liiul  expcrttMl  —  wlicn  \vi;  would  be  connRdlud 
to  reviso  onr  local  government,  and  monlil  it  to  a  form  more  eonsis- 
tent  with  the  rights  and  lil)erties  of  the  people. 

Sir,  when  I  listened  to  (hat  message,  I  eonld  not  but  retleet  liow  ex- 
alted must  be  the  opinion  entertained  by  those  who  sent  it,  of  their  own 
imi)unity  and  power,  and  how  contemptible  an  estimate  they  must  have 
formed  of  the  dignity  and  privileges  of  this  House;  and,  when  T  turned 
back  to  the  numberl(>ss  insults  which  this  Assembly  had  receiveil  in 
former  times,  I  could  not  but  feel  that  the  tim(!  had  indeed  arrived  for 
advocating  an  entire  reconstruction  of  the  upper  branch. 

Sir,  I  had  hoped  to  be  able  to  bring  this  su1)ject  belore  the  House  in  a 
manner  suited  to  its  importance,  but  my  time  and  thoughts  have  been 
much  occupied  with  other  affairs.  I  have,  however,  drawn  up  some 
resolutions  that  embody  my  own  views,  which  I  shall  endeavor  to  explain 
as  I  go  along.  lint  that  gentlemen  may  not  suppose  I  am  anxious 
unnecessarily  to  excite  their  feelings  —  that  I  am  not  enlarging  on 
grievances  which  exist  only  in  my  own  imagination,  I  shall  take  the  lib- 
erty of  quoting  your  own  words  on  an  occasion  similar  to  this  ;  and, 
though  I  possess  not  yoin*  I'eady  eIo(juence  and  clear,  jx'rspicuous  mind, 
I  trust  that  I  feel  as  deeply  as  you  did  the  situation  in  which  we  are 
placed.  You,  sir,  on  tiie  1st  of  April,  hSoO,  characterized  the  Council's 
interference  with  the  revenue  bills  as  '•  d  note  Icusoii  of  dcgnuhttum  to 
be  taught  to  this  Assembly."  A  '"new  lesson;"  you,  sir,  and  tiie  older 
members  of  this  House,  know  how  many  had  gone  before.  '*  When," 
said  the  Speaker,  on  that  occasion,  '•  we  return  to  our  homes,  we  should 
tell  our  constituents  not  to  be  deceived;  that  tlieir  rcpirsoifaiu'cs possess 
neither  jioiccr  uor  iujliicnce;  to  address  no  more  idle  petitions  tons;  but 
to  alter  the  address  and  send  them  to  the  other  end  of  the  build- 
ing." And  again,  "  Tell  not  the  iidiabitants  of  Nova  Scotia  that  they 
enjoy  a  free  government  ;  they  have  it  not  ;  the  voice  of  their  representa- 
tives is  oulboi'ue  and  rendered  of  no  avail,  when  it  militates  in  the  slight- 
est degree  with  the  views  of  His  Majesty's  Council."  Sir,  what  was  true 
then,  is  true  now  ;  the  sfjccies  of  insult  which  called  for  that  indignant 
language,  has  but  assumed  another  form ;  what  you  felt  then,  members 

I  cannot  distruise  the 


P 


■  my; 


fact,  that  if  this  House  submits  tamely  to  the  recent  insult,  nay,  if  it 
allows  the  body  which  has  offered  it  longer  to  distract  the  peace  and 
encumber  the  legislation  of  the  country,  it  will  be  indeed  degraded  ;  and 
a  seat  upon  these  benches,  instead  of  conferring  an  honor,  will  be  a 
mark  of  disjirace. 


STRUCTURE   OP   COUNCIL. 


99 


I 


^ 


I  liave  listened  with  attention  to  tlie  laniriiiigo  and  tlie  resolutions  of 
the,  honorable  member  from  Sydney,  and  I  fully  appreeiate  the  love  of 
peace,  and  the  desire  for  eoiieiliation,  which   he   has   displayed.     ]>ut  I 
am  sorry  that  I  cannot  support  his  proposition,  because  it  neither  meets 
the  diHiculties  of  our  position,  nor  sustains   the  dignity  of  this   House. 
The  n.'sult  would  only  be  to  induce  a  second  insult,  because  if  the  Coun- 
cil are  consistent,  they  will  either  hold  no  connnunication  with  you  on 
the  subject,  or  send  down  their  deputy  clerk  with  another  insultinp;  mes- 
sage.    With  them  I  would,  on  this  suliject,  hold  no  further  intercourse  ; 
the  ordinary  business  of  the  session  must  be  jrone  through  with  them, 
that  the  revenue  may  not  be  lost  or  the  country  injured,  but  let  us  seek 
redress  elsewhere  ;  let  us  go  at  once  to  the  foot  of  the  throne,  and  ask 
His  ^Majesty  not  oidy  to  open  the  doors,  but  to  reconstruct  the  Council. 
Let  this  be  our  answer  to  their  message;  ;  I  am   content  that  no  other 
should  be  given.     I  am  willing  to  let  that  document  circulate  as  freely 
over  th(!  Province  as  the  four  winds  of  heaven,  to  have   what  effect  it 
may;  I  know  that  it  will  be   rightly  estimated  by  the  people  ;  they  will 
weigh  it  against  our  lirm  but  temperate  resolutions,  and   will  not   be 
deceived.     Let  us  then  leave  it  to  its  operation  ;  let  us  be  careful  not 
to  court  further   insult,  but  let  us  at  once  go  to  the  root  of  the  matter, 
and  present  a  comprehensive  address  to  the  crown.     With   this  object 
before  me,  I  have  drawn  up  these  resolutions,  which,  if  they  are  not  as 
perfect  as  they  might  have  been,  had  I  had  more  leisure  for  reflection 
and  I'esearch,  express  my  own  views,  and  trace  out  the  line  of  conduct 
which  I  trust  this   House  will  be  disposed  to  adopt.     There  may  be 
errors,  but,  at  all  events,  th(>y  embody  and  state  those  grievances  which 
press  most  strongly  on  my  own  mind  ;  and  I  wish  to  go  at  once  to  the  foun- 
tain-head for  justice;  to  appeal  from  the  Council  to  their  master;  to  ask 
him  who  should  be  the  father  of  his  people,  wherever  their  lots  are  cast, 
and  who  has  no  more  interest  in   refusing  his  rights  to  a  Colonist  than 
to   an    Englishman,   for    a   revision   of    our   local   government.      Wc 
may  bandy  words  with  His  IMajesty's  Council  —  we  may  send  a  saucy 
message  by  our  deputy  clerk  —  but  to  what  end?     At  last  we  must 
resort  to  what  I   now  pro[)ose,  and   therel'ore  I  trust  that  gentlemen  will 
see  the  ])ropriety  of  doing  it  at  once.     IMr.  Howe  then  turned  to  the 
series  of  resolutions  published   in  the  last  Nova  Scotian,  and  reading 
that  marked  number  one,  for  the  appointment  of  a  committee  to  draw  up 
an  address  to  His  IMajesty,  and  number  two,  referring  generally  to  the 
choice  of  all  the  members  of  the  Council  from  the  capital,  he  descanted 
on  the   altsurdity  of  selecting  an  entire  branch  of  the  Legislature,  that 
was  to  pass  ui)on  the  business  of  the  whole  country,  from  one  particular 


i  ■■ 


m 


I  I 


100 


STRUCTURE   OP   COUNCIL. 


I 


;   f 


«i 


;si 


town.  This  was  no  new  comiylaint ;  it  had  hoon  constantly  urf];('(h  Mr. 
Stewart  in  JMairh,  l.s;],'!,  h.id,  in  liis  place,  dec-hired,  that  ''hesidcs  its 
own  representatives,  Ilahliix  had  many  non-resident  members,  and  had 
besides  au  cti/irc  hraiicli  tif  the  Lfulsldtiirc,  slttiiKj  in  secret,  and  exer- 
cising a  controI/iiH/  iiifluenee  over  the  Assetnhlji" 

Though  he  ditl'ered  with  the  honorable  and  learned  member  from 
Cnmberland  in  many  things,  lu;  admired  his  tine  talents,  and  had  often 
listened  witli  ])leasnre  to  his  indignant  denunciations  on  this  and  other 
subjects  on  whicli  ihey  agreed.  AVas  tlu're  not  good  reason  to  complain 
on  this  head?  He  had  travelled,  perhaps,  as  much  over  the  Province  as 
any  person  of  his  age ;  but  how  coidd  he  pretend  to  represent  distant 
counties,  the  high  I'oads  of  which  he  had  only  ridden  over  once  or  twice, 
but  of  whose  local  wants  and  wishes  he  knew  absolutely  nothing — and 
yet,  here  was  an  entire  branch  of  the  Legislature,  almost  every  member 
of  which  knew  comparatively  less.  Some  persons  may,  sir,  be  surprised 
that  being  myself  n  resident  in  the  town,  I  am  anxious  to  do  this  justice 
to  the  country;  they  may  sui)pose  that  it  is  the  interest  of  those  I  repre- 
sent to  accumulate  in  the  capital  all  the  honors,  and  power,  and  patron- 
age of  the  government ;  but,  lor  myself  and  my  constituents,  I  disclaim 
any  such  narrow  and  illiberal  feelings.  Wc  seek  for  no  advantages  but 
such  as  arise  naturally  out  of  our  situation ;  wc  repudiate  the  ancient 
prejudice  that  the  town  and  country  have  separate  interests ;  wc  wish 
equal  justice  and  a  fair  participation  in  the  influence  and  advantages  of 
the  government  to  bo  extended  to  all.  And  we  know  that  it  is  practi- 
cally absurd,  that  men  without  local  knowledge  and  experience  should 
have  the  right  to  legislate  upon  all  the  roads,  bridges,  and  peculiar  inter- 
ests of  imjjortant  sections  of  the  country,  which  they  cannot  possibly  un- 
derstand. For  the  proofs  of  their  incompetence,  their  ignorance,  their 
local  prejudices,  I  did  not  think  it  necessary  to  turn  to  the  dusty  records. 
The  impressions  are  too  strong  upon  my  own  mind,  and  I  appeal  to 
the  older  members  of  this  Assembly  to  say  whether  they  want  evidence 
to  enable  them  on  this  resolution  to  come  to  a  conclusion.  We  may 
difler  as  to  the  mode  by  which  a  new  council  is  to  be  created ;  some  of 
us  may  be  in  favor  of  election ;  others  may  be  anxious  that  the  Gov- 
ernor should  select  them  from  the  towns  and  counties  ;  but  all  must  agree 
that  such  a  body  as  this  ouglit  not  for  a  session  to  exist. 

Mr.  Ilowe  then  read  the  tiiird  jvsolution,  referring  to  the  mode  in  which 
the  influence  of  the  Council  had  been  brought  against  that  of  the  As- 
sembly, in  reference  to  foreign  ti-ade,  the  custom  house  salaries,  educa- 
tion, and  the  judges'  i'i^i}^ ;  and  (pioted  ]Mr.  Stewart's  declaration  on  a 
former  occasion,  that  "  Some  live  or  six  years  ago  the  Council  were 


! 


:1 


II 


STRUCTURE   OF   COUNCIL. 


101 


nskod  to  concur  with  the  IIouso  in  !i  rcciucst   th(tf  the  quit  rents  viu/Iil 
be  idt(tii(lonc(L     They  rcfiisri/,  hut  thoiii^ht  liiat  i,'2()00  oii}j;ht  to  hn  fjivcn 
as  iv  coniiiiiittitioii ;  and  llie  next  tiling  was  a  proposition  from  the;  <i;()v- 
(■rnnicnt  at  home  to  t/iat  vjf'cct."'      Similar  hmguage  was   licld  hy  J\Ir. 
Min'tlot'h,  a  gciitlfman  wlio  was  an  ornament  to  tli(!  profession  to  which 
he  helonj^eil,  and  to  the  House  while  he  was   u  memln'r — a  f^entleinan 
whom,  thonj^h  he  could  not  on  principle  support  him  in  a  recent  contest,  he 
regretted  was  not  still  upon  the  henches.     ]\Ir.  ^[urdoch  hail  declared  in 
his  place,  that  "  when  sent  to  ask  the  Council  to  join   the   House  aI)out 
the  (piit  rents,  he  ibund  that  thci/  jildocd  t/icnisclrcs  in  the  ijap  against  tho 
wishes  of  the   House  —  (Kjaiiist  the    iris/ics   (iiul  interests  of  the  penj)le. 
In  1821)  and  1<S30  they  i)ursued  the  sanui  course,  standing  aloof  I'rom  this 
branch  of  the   Legislature,   and  throwing  their  weight  in  the   ojiposite 
scale."    tSir,  this  is  the  policy  which  His  JMaJesty's  Council  have  steadily 
])ursned.     They  have  invariably,  upon   all  great  (luestions,  htnig  like  a 
dead  weight  on  the  efforts  of  this  Assembly,    "With  the  conllicting  views 
of  gentlemen  who  dillered  as  to  the  degree  of  fi-eedom  in  the  prosecu- 
tion of  foreign  trade  it  Avas  expedient  to  extend  to  the  out  ports,  I  have 
nothing  to  do;  —  we  may  dill'er  as  they  did;  but  the  question   is,  shall 
the  requests  and  representations  of  a  majority  of  this  House,  represent- 
ing th(!  whole  Province,  after  grave;  (h'liberation  and  debate,  be  defeated 
by  the  secret  dispatches  of  a  little  knot  of  persons  selected  from  a  single 
town.      In   this,  as  in  other  matters,  they  did  not  truly  rei)resent  the 
wishes  of  the  ])eople  among  wdiom  they  live.     "We  ask  (or  no  mono|)oly 
of  trade  ;  we  wish  not  to  build  u[)  our  prosperity  on  the  ruin   of  other 
sea-ports  ;  we  believe  that  all  should  share  in  tlu;  blessings  of  commerce, 
so  far  as  is  compatible  with  the  security  of  all.      But,   sir,  while   His 
]Majesty's  Council  are  desirous  to  conline  all  trade  to  this  town,  they  have 
never  been  anxious  to  lighten  its  burdens.     Did  they  join  this  House  in 
endeavoring  to  remove  the  ices?  to  reduce  the  expenses  of  the  customs? 
No;  and  why  not?      Uecausc  the  collector  and  his  friends,  and  the 
comptroller's  friends,  had  an  overpowering  influence  at  the  board,  and 
because  it  was  necessary  to  protect  their  interests  at  the  expense  of  the 
public.     Had  that  body  joined  this  House  upon  this  question  ten  years 
ago,  at  least  £20,000  might  have  been  saved  to  the  country.     Another 
mode  by  wdiich  members  of  the  Council  have  sought  to  strengthen  and 
extend  their  own  power  and   influence,  has  been  by   monopolizing  the 
education  of  the  country.     For  many  years  four-fifths  of  the  population 
were   shut  out  by  religious  tests  from  the  only  institution  at  which  any 
thing  like  a  liberal  education  could  be  procured ;  and  to  which,  from  its 
position,  and  the  costly  habits  encouraged  at  it,  but  few  except  the  sons 
9* 


:r 


h^ 


102 


STRUCTURE  OF   COUNCIL. 


iM 


of  tlio  rounoillors  nnd  great  olHccrs  of  flio  govcrnmont  could  1)(>  sent. 
To  |)i()tt'ct  the  interests  of  this  iiHtitiilioii,  iilthougli  of  late  yeiirs  the 
'ests  hiiv'c  been  removed,  the  most  determined  hostility  has  been  dis- 
phiyeil  towards  every  other  <'slahlis!iment  which  might  interfere  with  its 
monopoly,  and  (liffuse  among  the  mass  of  the  peojdo  the  blessings  of 
cdncation.  Need  I  remind  gentlemen  of  the  inert  condition  of  the  I)al- 
houso  College  ;  of  the  long  and  disheartening  contests,  ending  in  the 
partial  ruin  of  the  l'iett>u  Academy?  Thongh  I  have  often  dilfered  with 
you,  IMr.  .S[)caker,  and  have  sometimes  iUtacked  you,  I  never  can  forget 
your  struggles  against  this  baneful  infiuenee,  for  the  establishment  of  Ji 
cheap  and  liberal  system  of  education  in  the  coinitry.  I  have  often 
listened  with  delight  to  your  indignant  denunciations  of  that  system,  iiml, 
when  T  have  felt  most  disposed  to  find  fault,  most  anxious  to  assail  your 
public  character,  I  have  lelt  that  your  ellbrts  for  education  might  atone 
for  many  errors  One  consequence  of  th(!  monopoly  which  this  Church 
and  Council  party  had  for  years  of  the  higher  brunches  of  education,  has 
been,  that  they  liave  never  been  without  tlu;  aid  of  some;  of  the  most 
brilliant  and  highly  cultivated  minds  in  the  Assembly,  which,  attached  to 
their  interests,  and  educated  at  the  exclusive  seminary  at  Windsor,  have, 
with  few  exceptions,  been  their  ablest  and  most  determined  defenders. 
But,  sir,  with  all  their  efforts  they  could  not  dam  U])  the  streams  of 
knowledge  ;  they  could  not  compel  all  our  youth  to  pass  through  their 
narrow  portals  ;  they  could  not  keep  down  the  Provincial  mind ;  and, 
while  I  am  happy  to  sec  upon  these  benches  the  talented  gra'^uates  of 
Windsor,  T  thank  God  that  the  tdumni  of  the  fields,  the  workshops,  and 
the  printing  offices,  arc  springing  up  over  the  leugth  and  breadth  of  the 
land,  to  divide  the  intellectual  arenas  with  them. 

]Mr.  Howe  then  read  and  supported  the  fourth  resolution,  that  exhib- 
ited the  relative  proportions  in  which  Churchmen  and  Dissenters  were 
represented  in  council.  The  facts  which  it  staled  were  not  to  be  denied ; 
it  was  impossible  that  these  things  could  be  the  result  of  accident.  We 
miglit  be  told  that  a  feeling  in  hivor  of  the  old  loyalists  and  their  de- 
scendants was  at  the  bottom  of  the  system;  but  there  were  other  mo- 
tives ;  and,  while  in  the  Council,  on  the  bench,  in  the  list  of  sheritf>,  and 
in  almost  every  department  and  little  commission  upon  which  the  inlluence 
of  His  IMajesty's  Council  could  be  brought  to  bear,  he  found  an  over- 
whelming preponderance  of  Churchmen  above  Dissenters,  he  had  a  right 
to  reason  upon  the  fact,  and  to  charge  such  a  system  upon  those  by  whom 
it  was  upheld.  I  am  hai)py,  sir,  that  I  can  exem[)t  the  great  body  of 
Churchmen  in  this  Province  fi'om  any  wish  to  perpetuate  this  system. 
I  do  not  believe  that  there  is  among  any  large  portion  of  my  countrymen 


;'i      t. 


STRUCTURE   OF   COUNCIL. 


103 


any  desire  for  political  prcffrcnoo  fbiinded  on  religion-*  distinftions. 
Tlicy  ask  that  all  shall  be  free  and  e(|iial  in  tlic  eye  cd'  (lie  pivcrniiicit 
niul  the  law ;  and  Chiu'chnicn,  as  well  as  Dissenters,  know  that  i.i  sueh 
a  coinitry  as  this,  their  iiiitli  can  oidy  llonrish  l»y  the  ze;d,  iiieiy,  and 
sell-denial  of  its  ministers.  Tliey  dislike  as  nuieii  as  1  do  this  hlendini; 
of  Clnnrh  and  State,  to  extend  the  inlhienee  and  cement  the  power  and 
patronat;(!  of  a  tew. 

The  (iftli  n'sohition  referred  to  the  bishop's  seat  at  th(^  C'oniieil,  to 
•which  he  did  not  hesitate  to  attribute  many  of  the  evils  of  whicli  he 
complained.  lie  was  well  aware  that  he  woidd  be  m<'t  by  the  ari^umenf, 
that  in  Kn;fland  the  bishops  had  scats  in  the  House  of  Lords.  lUit  if 
they  had,  what  was  that  to  us.  If,  from  peculiar  circumstances  that  did 
not  operate  here,  the  government  in  KuLtland  had  become  incorporated 
with  the  Clnirch — a  imion  that  now  was  felt  to  be  burthensome  and  im- 
])oIilic  by  a  vast  majority  of  the  nation  —  why  should  we  copy  the  cum- 
brous machinery  and  imperfections  of  tiie  old  world  which  were  inap- 
plicaltle  to  th<^  new?  Why  should  we  create  invidious  (listinctions 
among  our  i)Oj)ulation,  justified  Ijy  no  necessity  of  state  ?  Ought  W(>  not 
rather  to  ask  ourselves,  what  is  suiteil  to  our  condition  —  what  is  right, 
•what  is  just,  and  expedient,  under  tlie  circumstances  in  which  wean? 
placed;  and,  having  found  the  answer,  act  with  uprightness  and  decision? 

The  s'xth  resolution,  complaining  of  the  distribution  of  ]»atronage,  la; 
read  and  illustrated  by  references.  The  Church  had  in  iIk;  Council 
eight,  the  Dissenters  four;  all  the  judges  of  the  .supreme,  and  all  of  the 
inferior  court  but  one,  were  Churchmen;  so  were  eight  or  nine  out  of 
twelve  of  the  high  sheriffs;  and,  as  honorable  gentlemen  from  the  coun- 
try well  knew,  nearly  the  s:iin»!  projiortious  were  preserveil  in  all  the 
litth;  app(»intments  throughout  the  towns  and  counties.  If  patronage 
Avas  distributed  according  to  jtopulation,  the  Church  would  have  in  the 
proportion  of  six  and  a  half  to  twenty-five  ami  a  half;  whereas  it  now 
had  twenly-thrce  to  nine,  although  only  eml)racing  one-fifih  of  the  in- 
h;d)itants.  Tiiis  was  a  system  that  was  unfair  and  unjust  —  one  that  he 
•would  oppose  with  all  his  might,  and  that  the  country  would  never  sub- 
mit to.  The  evils,  the  heart-burnings,  and  the  discontent  which  it  Avas 
calculated  to  engender,  flowed  naturally  from  the  faulty  structure  of  the 
Council,  and  its  extraordinary  combination  of  powers. 

l>y  the  seventh  resolution,  he  had  stated  that  "two  family  comiec- 
tions  enibraced  five  members  of  the  Council;  and  that,  until  recently, 
when  two  of  them  retired  from  the  firm,  five  others  were  copartners  in 
one  mercantile  concern."  To  be  sure,  this  was  not  cpiite  so  bad  as  the 
Council   which  formerly  existed  in  what  i..;  now  the   State  of  ]\Iaine, 


!  i  n 


i 


I 


!■; 


i 


101 


STRUCTURE  OP  COUNCIL. 


composed  ciitln'ly  of  ono  family — or  equal  to  somo  of  the  Irish  cor- 
poral i()ii>i,  const nicfed  on  a  similar  principle  ;  l)Ut  it  was  had  ciioiigli.     It 
•was  mejiiiieholy  to  retiect  that   the  views  of  fifty  men,  chosen  hy  tho 
people  of  Nova  Scotia,  nn;^ht,  after  a  month's  grave  delil)eration,  he  de- 
feated, whenevi'r  the  Council  was  not  quite  full,  hy  a  comhinalion  of  two 
families.     Then,  until  recently,  the  old  15anking  Company  had  the  same 
])ower,  and  exercised  it,  too,  on  more  than  one  occasion.      And,  sir, 
whenever,  in  private  conversation,  I  have  supported   the  application  of 
the  elecli\(!  princi[)le  to  the  up|)er  hranch,  and  have   heen   tohl  of  the 
jiaucity  of  materials,  the  want  of  judgment  and  discretion  on  the  part  of 
the  people,  I  have  pointetl   to  these   live   copartners,  and  asked  trium- 
j)hantly  if  iIk;  people  would  ever  have  conunitted  such  a  hlunder  as  that? 
No,  sir;  though,  if  they  had  the  power,  they  might,  as  they  sometimes 
do  in  organizing  this  Assemhly,  make  a  foolish  selection,  they  would 
never  he  guilty  of  such  ahsurdities  as  these.     Think  you,  that  they,  had 
they  wanted  a  legislative  body  composed  of  twelve,  would  ever  have 
gone  down  to  the  Halifax  Daidi,  and  selected  five  out  of  eight  of  it3 
l)artners  ?     It  is  true,  that,  since  they  (piarrelled  among  themselves,  two 
of  them  have  retired  from  the  firm  ;  but  for  years  lh(,>  whole   liva  sat  at 
the  council  Itoard,  and  tho  effect  of  their  legislation  on  the  currency, 
and  on  the  repeated  decisions  of  this  House,  I  need  not  take  the  trouble 
to  explain.     Sir,  I  do  not  wish  to  be   personal ;  it  has  never  been  my 
desire  unnecessarily  to  annoy  ;  I  never  strike  a  blow  that  is  not  called 
for  by  a  public  necessity :  but  I  do  not  hesitate  to  alRrm  my  own  belief, 
that,  had  it  not  been  for  the  presence  of  those  five  bankers  in  the  Coun- 
cil, we  would  not  now  have  been  left  without  any  standard  of  value  in 
the  country,  and  with  one  currency  for  the  rich  and  another  for  the  poor. 
Three  of  those  copartners  are  still  members  of  the  Council;  —  they  com- 
pose one-fourth  of  the  whole  body;  and  members,  to  satisfy  their  minds 
of  the  magnitude  of  this  grievance,  ne('(l  only  inquire  whether  the  peo- 
ple Avould  have  been  mad  enough  to  choose  one-fourth  of  this  Assembly 
—  twelve  out  of  the  forty-nine  —  from  one  monied  institution.      And  if 
they  had  done  so,  would  we  not  view  with  jealousy  and  suspicion  all  that 
those  partners  said  and  did  in  this  Assembly  ?     "When  they  were  wrong 
•we  should  attribute  to  them  selfish  motives,  and  give   them  no  credit 
\vh(!ii  they  were  right.     To  this  fate  ai^  the  bankers  in  the  Council  con- 
demned, and  their  continuance  there  is  a  practical  and  notorious  evil. 
If  I  am  not  reasoning  justly  from  admitted  facts,  let  the  older  members 
of  this  Assembly  correct  me.     Upon  this  theme  I  have  often  listened  to 
the  indignant  eloquence  of  some  of  them.     The  ))resent  Judge  Bliss, — 
than  Avhom  no  man  was  more  capable  of  forming  an  o[)inion,  —  who  is 


STTlUCTUnR   OF   COUNCIL. 


105 


now  an  ornament  to  tlic  Itcndi,  as  lie  was  tlit'ii  of  tliis  AsscniMy,  -aiil  in 
ls;j;i,  "  tliat  iIk- coinliiMation  of  Itankri's  in  tin'  Coinicil  wi»iili|  li"  fair 
grounil  of  snspicion,  even  if  notliin;jj  cdiild  Itr  cliargfil  against  tlwin  ;  luit, 
in  till'  liit'f  of  acts  so  darin;^  and  injurious,  wlio  coiilil  rcilcci  ii|i()ii  ilic 
matter  witlioiit  tlie  most  .serious  appreliension?"  If  n|inii  tliese  matters 
I  came  here  merely  to  excite  suspicion-^,  and  create  useless  aixitalion,  I 
should  i)e  ashamed  to  occupy  liie  time  of  this  Asseuildy;  l»nl,  .-•ir,  I  ;^ivo 
you  as  proofs  that  this  is  not  the  ca-;e,  tiic  piihlic  declarations  of -mators 
and  judges,  some  of  the  alilesi  men  in  your  cnunlry  ;  and,  if  I  am  lahor- 
ing  to  deceive  you,  they  have  taken  great  pains  to  tUn-eive  us  all. 

In  support  of  the  eighth  resolutioa,  which  relates  to  the  ca-ual  and 
territorial  revenues,  1  scarcely  need  to  [jroduce,  any  argumeul  ;  the 
claims  which  are  emhodied  in  it  have  heen  matters  of  discussion  for 
years  ;  the  main  facts,  and  the  reasoning  arising  out  of  them,  are  famil- 
iar to  all  our  minds.  Gentlem<a»  will  observe  that  I  do  not  touch  the 
question  of  tho  ntility  of  the  Mining  Association  to  this  Province,  (u*  the 
cxp(Mliency  or  inexpediency  of  interfering  with  their  operations;  I 
mendy  state  the  manner  in  which  our  mine's  and  minerals  have  hecn 
transl'erred.  My  own  opinion  has  always  been,  that  they  should  have  a 
cljanee  to  got  back  a  fair  profit  on  their  outlay  ;  but,  if  tin;  principle  be 
sanctioned  that  the  mines  and  minerals  of  Nova  Scotia  can  be  given 
away  to  a  needy  Duke,  .and  seized  by  his  creditors  in  Englaiul.  without 
any  consent  of  tho  Provincial  Legislature,  and  that  all  the  wild  lands  of 
the  Province  c.in  bo  given  to  another  individual  for  an  inheritance,  there 
is  no  security  for  prosperity  and  peace  in  the  land  in  which  w(>  live. 
As  I'ospects  the  commissioner  for  crown  lands,  I  believe,  there  is  scarcely 
a  dissenting  voice  in  this  House,  or  throughout  the  country. 

The  next  resolution  (the  ninth)  referred  to  the  presence  of  the  Chief 
Justice  at  the  council  board,  the  influence  he  exerciseil,  and  the  tenden- 
cies of  his  position.  II(;  wished  to  mak(;  no  iinpro[)er  charge  against 
the  Chief  Justice ;  he  respected  his  talents  and  integrity;  he  hail  been 
tried  before  him  once,  and  should  be  happy  to  be  tried  before  him  again. 
lie  meant  tliat  if  he  were  selecting  a  person  to  do  impartial  justice  I>e- 
tween  one  man  and  another  —  .a  judge  into  whose  court  Ik;  woulil  go  sat- 
isfied that  the  law  would  be  im[)artially  administered,  the  Chief  dustice 
Avould,  perhaps,  be  the  man;  but  he  would  not  permit  the  head  of  the 
judiciary  to  sit  in  the  Legislative  Council,  or  mingle  in  the  heals  and 
contentions  of  politics.  lie  referred  to  the  eifects  of  the  jostling  on  the 
brandy  ([uostion,  to  the  fate  of  the  bills  abolishing  the  judges'  fees.  Had 
Judge  Haliburton  not  been  in  the  Council,  would  that  unfortimate  dis- 
pute ever  have  occurred  ?  or  would  not  the  bills  abolishing  the  fees  have 


I 


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106 


STRUCTURE  OF   COUNCIL. 


ii 


'    r 


pfissfMl  willi  hilt  little  opiKwitidii  ?  ami  it'  llicy  lunl.  was  ilicrc  any  doiilit 
lint  lliat  tin-  (Jdvcriior  wciiiM  have  ;.'ivrii  Iiis  a-isi.nt  ?  In  nine  ea-es  out 
<»l'  ten,  if  the  views  an<l  >vi>lie-<  of  tln'  Cuiiinial  As>einl»lie-t  were  uiiiNfr- 
.^tood  ])y  ilic  ;^'ov('rniiieiit  at  liome,  ami  if  llieir  deci.-ioiis  were  not  swayed 
by  the  iiilrijriies  and  representations  ot' interested  parlies  on  tlii^  side  the 
Atlantic,  His  Majesty  and  liis  ministers  would  lie  disposed  to  do  ns  jiis- 
liee.  Tlie  people  of  Kii;,dand  liave  no  interests  opp(»sed  to  ours.  Mr. 
llowe  then  referi'ed  to  the  influence  which  the  Chief  .Iiistice  wicldi'il 
over  I  he  hopes,  and  fears,  and  prospects  of  some  seventy  or  ciuhty  law- 
yer-;, and  several  hundred  students,  sprcml  over  the  country,  who  iialiir- 
ally  inihihed  his  political  opinions,  ami  were  apt  to  support  him  aL'ainst 
the  views  and  interests  of  the  people.  Such  men  !i>  the  learned  mein- 
l)er  from  Cape  Uretoii,  or  .Iiiste-au-Corps,  iiiiLrht,  from  the  pttsses-ion  of 
wealth,  or  the  force  of  talent,  Iirave  this  influence;  or  his  Iionoralile  and 
learned  friend  from  the  I-le  Madame,  who  always  thoujiht  of  his  own 
interest  last,  mijilit  disrcfrard  and  defy  it,  hut,  iievertli(dess,  over  a  larjio 
class  (»f  the  le-s  able  and  indepeiKh.'Ut  it  was  all  powi'rfiil.  For  tlii^ 
reason,  and  many  others  equally  sound,  h<'  was  jinxioiis  to  remove  tho 
Chief  Justice  from  the  Council.  Let  us,  said  he,  act  decisively  on  that 
truly  l)rili-«Ii  idea,  that  judjics  should  be  \n'[)t  from  lli(.>  heats  and  conteii- 
lioiis  of  politics.  While  we  battle  with  each  other  in  the  open  fields  of 
jiolitical  strife,  while  the  conflicts  of  o])inion  rage,  without  and  within 
these  walls,  while  we  strujigle  and  coiiteml  t()r  the  mastery,  let  us  have 
some  sacred  tribunal  to  which,  when  blinded  and  agitated  by  passion  or 
interest,  w(^  can  all  with  confidence  appeal.  I  im[)lorc  the  members  of 
this  Assembly,  of  ev(n'y  party  and  of  every  creed,  to  set  apart  some  sa- 
cred and  holy  jdace,  untroubled  with  tlu;  storms  Avithout  and  untainted 
by  the  faintest  breath  of  suspicion,  to  which,  when  society  is  convulsed, 
and  the  im]terfections  of  our  nature  have  kindled  into  strife,  we  can  all 
rei)air  for  justice,  the  su'-est  foundation  of  jieace. 

The  tenth  resolution,  which  related  to  the  closed  doors  of  the  Council, 
he  would  not  occupy  time  in  discussing;  he  felt  that  it  would  commend 
itself  to  the  mind  of  eveiy  man  who  heard  him.  Ibit,  said  ]Mr.  Howe, 
as  much  has  been  said,  and  some  misconception  m.'iy  have  gone  abroad,  as 
to  what  fell  from  uk;  on  this  subject  on  a  former  day,  I  wish  His  IMajcs- 
ly's  Council  to  understand  the  peculiarly  ridiculous  position  in  which 
they  are  placed.  Though  suspected  of  urging  to  vioh'iice,  I  have  in- 
variably pressed  reformers  to  keep  within  the  boundaries  of  the  Consti- 
tution and  the  law;  mul  I  am  prepared  to  maintain,  that,  without  trans- 
gressing these,  the  people  may,  whenever  they  find  the  door  unlocked, 
walk   into   the    council  chamber.      Suppose  one  hundred  persons  ap- 


STRrcTum:  or  conNc  it,. 


107 


nroachcMl  tli<>  iloor  of  our  luliliy  iiiul  liiid  lliiil  it  i-*  iiol  lnrkcir  liny  wiilk 
in,  m  II  niatlrr  of  cuiii'sc.  Iliit  siippK-i'  llicy  fliooxc  to  vUii  (lie  uilicr 
CMtl  nl'llic  hiiililiii;;; ;  —  if  lln'  tlonrs  arc  not  lockcfl,  iii  i  'hoy  wiilU  in  and 
take  their  .■'laiKl  \viili(Mii  ilic  l»ai',  Imw  arc  llicy  to  Im;  ili-platt'tl  r*  Ilmv 
uill  the  Comicil  jxt'l  liiim,,(ii?  Will  they  scml  ami  liorrow  our  m'V- 
j^caiil-al-ariiis  to  di-plaii'  tli<iii.  nr  will  tlicy  ordt-r  .loc  Skaili-li  to  arn'st 
the  riiiiilcadrrs  ?  No,  >ii*.  lli<y  tjiu  d"  Mcitlicr  ;  and  liu'  only  way  in 
whifh  tlit'y  can  ri'iii,  tin-  |iroj»|/ ,  is  hy  >((mic  nicmltcr  ri^inL;  in  Ids 
jducc  and  rc(|iicslin^  tiiat  the  loliliy  ujay  hf  cleared.  If  tlie  people  then 
l^'acefidly  retire,  I  contenil  <^  if  flicn'  lias  Im  en  no  onlra;ie;  —  lliey  jiavc 
but  used  their  undniilited  rij^ht,  and  yielded  to  the  e\en  isc  of  the  Coun- 
cil'rt  privilege.  I'mt  if  this  were  done  (Isc  or  >i\  days  in  a  week,  the 
Council  woidd  he  coinp(dle<l  to  yield  ;  ami  I  only  m;d<e  ihi-,  staleiniiil  to 
show  to  the  nicinbcrs  of  that  Inxly  in  what  ii  miseraMy  helpless  plight 
they  are,  even  with  all  the  protection  of  the  Constitution  ami  the  law  ; 
and  I  think  it  nuist  sati>ly  gentlemen  who  were  .so  loud  in  tlnir  ixida- 
niatious,  th;U  they  hail  not  exauiiiu.d  the  (pii'stion  in  all  its  hearings. 

IJut,  sir,  I  am  approaching  now  the  root  of  all  our  evils.  The  points 
which  wo  have  thu.>  far  discusscil  are  comparatively  insignilicant,  when 
wc  come  to  survey  that  gross  and  pal|ial)le  delect  in  our  local  goveni- 
mont — I  mean  tin;  total  ahsence  of  all  responsihility  to  the  Counnons. 
Compared  with  tin.'  15rilish  I'arliameiit,  this  House  has  absolutely  no 
power.  Wo  meet  like  a  grand  jury,  examine  a  few  accounts,  hut  wc 
cannot  expend  a  shilling  without  the  consent  of  the  Coinicil,  and,  in  fact, 
luive  no  constitutional  influence  over  the  l)ranches  of  the  government. 
[Here  he  refenrd  io  and  reail  the  eleventh  i-esohitiou.]  I  ask,  sir,  in 
this  resolulion,  for  nothing  more  than  l>rili>h  sidijecls  ought  to  have.  If 
the  statements  in  it  are  true,  T  appeal  to  any  gentleman  who  hears  me 
to  say  whether  we  have  any  thing  hut  a  mockery  of  the  IJritish  Consti- 
tution. An  Kiiglishmau  would  con.-ider  himself  no  better  than  a  Hus- 
sian,  or  a  Turk,  if  he  had  no  other  guards  for  liberty  than  these.  Had  it 
been  necessary,  I  could  have  turned  back  to  the  pi'oceediugs  and  deiiatess 
of  this  Assembly,  and  accumulated  abundant  evidence  of  tht'  i -or redness 
of  the  views  I  take  ;  but  I  have  alreaily  been  compelled  to  occupy  too 
much  lime.  You,  sir,  ouct^  declareil  "that  tliis  House  ibrmcrly  pos- 
sessed a  salutary  control  over  the  ollieers  of  the  goveriniient  who  had 
seats  in  His  Majesty's  Council,  because  thi.'ir  salaries  depended  on  the 
revenue  bills,  and  anxious  were  they  indeed  to  have  those  l)ills  sent 
them  from  the  Assembly.  But  now,  I  will  ask,  what  control  has  this 
House  over  the  Council  ?  By  permanent  bills  we  have  provided  per- 
manent salaries,  and  hence  the  destruction  of  the  constitutional  control." 


i'l 


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I 


108 


STRUCTURE   OF   COUNCIL. 


!    i 


1 


'li 


Tlioii^li  you  take  no  part  in  this  day's  ilobate,  I  know  you  feci  the  insult 
n'conlly  otR'rcd  to  this  Assembly,  and,  when  your  own  language  is  re- 
called, must  afkuowledge  that  no  im[)rovement  has  taken  place;  and 
however  such  a  state  of  things  may  have  suited  the  early  condition  of 
this  comitiy.  it  is  incompatible  Mith  our  present  .idvancement,  and  ought 
not  to  be  tolerated  for  a  single  year, 

"When  an  Englishman  in  Turkey  or  Russia,  hears  of  a  change  of 
ministry  at  home,  whatever  party  is  in.  the  ascendant,  he  feels  a  tlu-ill 
of  pride.  To  him  it  is  a  manifestation  of  popular  spirit,  acting  upon  and 
chauLiing  the  i)olicy  of  the  government ;  and  he  knows  that  so  long  as 
such  elianges  take  place  —  so  long  as  a  vote  of  the  Commons  can  recon- 
struct the  government,  r>riti.-h  liberty  is  secure.  But,  Avere  I  to  search 
our  records,  I  could  accunndate  such  a  pile  of  votes  expressive  of  a  want 
of  coulidence  in  our  ministries,  as  the  table  could  scarce  contain;  but 
still  llicy  keep  their  seats,  and  to  this  hour  there  is  no  effective  control. 
This  woidd  be  bad  enough,  if  they  did  not  on  all  occasions  treat  the  peo- 
l)le  and  their  representatives  with  contempt,  and  heighten  the  irritation 
of  llieir  acts  by  uncivil  language.  But  let  us  have  no  more  bandying  of 
word<.  no  more  grasping  at  shadows  ;  let  us  go  to  the  foot  of  the  throne, 
and  seek  lh(>  substance  (if  a  useful  reform.  Gentlemen  will  probably 
ask  liei-e,  "NVIiat  remedy  do  you  ])ropose?  and  I  must  confess  the  imjjor- 
tanee  of  that  inquiry.  Tho  igh  young,  my  own  mind  has  often  been 
painfully  exercised  upon  this  subject ;  it  has  cost  me  many  an  hour  of 
anxious  deliberation.  You  are  aware,  sir,  that  in  Upper  Canada  an  at- 
tempt was  maile  to  convert  the  Executive  Council  into  the  semblance  of 
an  English  ministry,  having  its  members  in  both  branches  of  the  Legis- 
lature, and  holding  their  positions  while  they  I'ctaincd  the  confidence  of 
the  country.  I  am  afraid  that  these  Colonies,  at  all  events  this  Province, 
is  scarcely  ])rcpared  i()r  the  erection  of  such  machinery;  I  doubt  whether 
it  would  woik  well  here  ;  aiid  the  only  other  remedy  that  presents  itself  is, 
to  endeavor  to  make  both  branches  of  the  Legislature  elective.  I  know 
that  .-onie  members'  minds  will  be  startled  by  this  declaration,  but  what  else 
ai'e  we  to  adopt?  Looking  to  our  present  ])Osition  —  turning  to  the  evils 
of  the  past,  I  ask,  with  tin;  s])eaker  on  a  former  occasion,  "AVill  it  not  be 
saifl  that  it  is  high  time  that  the  people  of  this  Province  were  turning  their 
attention  to  the  constitution  of  that  body  which  has  brought  those  evils 
upon  them  ?"  It  is  time,  sir,  and  therefore  I  have  prepared  this  resolu- 
tion, calling  upon  the  crown,  "  either  by  granting  an  elective  Council,  or 
by  such  other  reconstruction  of  the  local  government,  to  ensure  responsi- 
bility to  the  Commons." 

The  honorable  and  learned  gentlemen  from  Cumberland,  and  oilier 


I 


STRUCTURE   OF   COUNCIL. 


109 


incmbtM's  of  this  Assembly,  I  am  aware,  eontemplate  the  .«oparation  of 
tlie  Lcgi^ilrttivc  from  the  Executive  Council,  leaving  the  whole  to  be  ap- 
pointed by  the  Governor.  But  would  this  mend  the  matter  ?  "Would 
this  give  control  ?  It  would  be  only  cutting  a  rotten  orange  in  two,  in 
order  to  improve  its  flavor.  In  England,  the  hereditary  ])eerage  fur- 
nishes abundant  materials  to  construct  the  upper  branch ;  but  suppose 
those  materials  did  not  exist,  would  the  people,  if  they  were  forming  a 
government  favorable  to  liberty,  commit  to  tliC  crown  the  entire  construc- 
tion and  control  of  that  branch  ?  No,  sir ;  if  the  scale  was  inclined  at 
all,  they  would  strengthen  the  hands  of  the  peoj)le  ;  if  too  much  power 
must  be  given  or  retained,  ihoy  would  err  on  the  side  of  responsibility, 
and  keep  it  in  their  own  hands.  One  question  to  be  determined  is, 
whether  or  not  we  have  the  materials  to  form  an  electir  c  Council.  I 
have  satisfied  myself  that  they  are  abundant.  Supi)ose  that  you  were 
to  take  any  twelve  members,  as  they  sit  around  these  benches,  would  you 
not  have  quite  as  good  a  Council  as  that  in  the  other  end  of  the  build- 
ing? Sir,  the  materials  are  in  the  country,  and  if  the  qualifications  for 
candidates  and  voters  were  i-aised,  by  a  simple  but  effective  machinery 
which  would  not  take  half  a  day  to  arrange,  a  respectable  and  disinter- 
ested upper  branch  might  be  constructed,  that  would  rid  us  of  many 
of  the  evils  of  which  we  now  complain.  The  honorable  gentle- 
man fi'om  the  county  of  Yarmouth  spoke  the  truth,  when  he  said  the 
other  day,  that  he  had  left  at  home  more  talented  men  than  those  Avliom 
his  constituents  sent  to  this  Assembly.  This  is  true  of  nearly  all  the 
counties  ;  for  if  this  House  is  chosen  from  among  the  best  materials  in 
the  Province,  there  are  enough  remaining  as  good,  if  not  better,  to  send 
twelve  or  sixteen  members  io  the  other  end  of  the  l)uilding ;  and  if  they 
were  sent,  they  would  transact  the  public  business  witii  more  local  knowl- 
edge and  less  selfishness  than  the  present  members  of  His  Majesty's 
Council.  "Would  not  the  honorable  member  from  Lunenburg  make 
(juite  as  good  a  councillor  as  IMr.  Collins  ?  would  not  my  honorable  friend 
from  Falmouth  fill  Mr.  Binney's  seat  to  advantage  ?  and  if  the  people 
had  the  power,  would  they  not  elect  such  men  ?  and  if  they  did,  are  there 
not  others  to  fill  their  places  on  these  benches  ?  "Would  not  the  people 
of  this  Province,  who  understand  their  own  affairs,  who  know  the  up- 
right and  clever  men  in  the  towns  and  counties,  make  quite  as  good 
selections  as  a  Colonial  Secretary  on  the  other  side  of  the  Atlantic  ?  "We 
know  how  these  selections  are  usually  made.  "When  a  man  forfeits  the 
confidence  of  the  people  and  is  turned  out  of  this  Assembly,  he  is  often 
popped  into  the  other  branch  ;  so  long  as  he  retains  the  confidence  of  the 
people,  he  has  no  chance  of  obtaining  a  seat.  Mr.  Lawson,  though 
10 


-Ull 


t;5 


II: 


^  Ml 


m 


110 


STRUCTURE   OF   COUNCIL. 


wealthy,  and  fairly  cntitlt'il  to  llic  notice  of  the  government,  never  got 
into  the  Council,  and  wliy  ?  Because  he  was  too  plain  spoken,  and  would 
not  bend  to  the  views  of  that  body.  lie  lost  his  seat  here,  mi-rely  be- 
cause; he  had  accepted  an  obnoxious  ollice  ;  l)ut  during  the  long  period 
that  he  s(>rvcd  the  country  in  this  House,  he  had  no  prospect  of  bi^coniing 
a  councillor,  but  now,  perhaps,  he  stands  a  better  chance. 

I  know  that  I  shall  hear  the  cry  of  republicanism,  and  danger  to  the 
Constitution,  but  where  is  the  danger?  AVe  have  reduced  our  own  term 
to  four  years  ;  suppose  that  the  franchise  was  raised,  and  councillors 
elected  for  seven,  they  would  neither  l>e  chosen  at  the  same  time  nor 
subjected  to  the  same  influence  as  this  Assembly.  They  would  repre- 
sent another  class  of  voters,  but  yet  be  intimately  connected  with  the  wel- 
fare and  prosperity  of  the  country.  But  suppose  we  carry  our  ideas  of 
danger  further.  Supj)ose  the  two  bodies  set  themselves  in  opposition  to 
the  crown,  what  can  they  do?  Can  they,  in  the  name  of  heaven,  raise  re- 
bellion in  a  little  Province,  witli  a  i)opulalion  of  one  hundred  and  eighty 
thousand  ?  AVould  our  clioosing  twelve  councillors  lessen  the  hold  which 
the  mother  country  has  on  our  affections  ?  The  Governor  would  still  pass 
upon  all  our  bills.  If  any  were  of  a  doubtful  character,  woidd  they  not 
be  sent  to  England,  reviewed  by  the  crown  oHicers,  and  discussed  in  the 
Privy  Council,  or  by  the  Board  of  Trade  ?  One  advantage  of  allowing 
the  people  to  select  their  Council  would  be  this,  that  when  it  did  wrong 
they  would  have  themselves  to  blame.  They  would  not  turn,  as  they  do 
now.  and  vent  their  bitter  feelings  against  the  government.  This,  sir,  is 
the  simple  machinery  I  j)ropose  to  redress  our  more  prominent  evils  ; 
and  the  more  I  reflect  upon  it,  the  more  am  I  satisfied  that  it  is  well 
suited  to  the  wants  and  feelings  of  the  country  in  which  we  dwell. 

I  nuist  apologize,  I\Ir.  Speaker,  for  having  trespassed  upon  the  time 
of  the  House  so  long,  and  for  the  imperfect  manner  in  which  my  views 
have  been  pi'csented.  I  regret  that  tlie  task  luul  not  fallen  into  abler 
hands.  It  is  one  that  I  should  not  have  assumed,  did  I  not  deeply  feel 
that  it  involves  the  peace  and  freedom  of  Nova  Scotia;  and  although, 
when  applied  to  her  alone,  these  princijdes  may  appear  of  little  impor- 
tance, when  I  take  a  broader  view  —  when  my  eye  ranges  over  our  vast 
Colonial  i)Ossessions  —  when  I  see  countries  stretching  through  every 
clime,  and  embracing  many  millions  of  people  more  than  the  islands  to 
whii'h  they  belong  —  and  when  I  reflect  that  upon  a  right  understanding 
of  these  principles,  a  fair  adjustment  of  these  institutions,  depends  the 
se^'urity  and  peace  of  these  millions  of  hiunan  beings,  my  mind  warms 
with  the  subject,  and  expands  with  the  magnitude  of  the  tJieme.  Sir,  I 
ask  for  nothing  but  justice  and  responsibility,  sanctioned  by  the  spirit 


m* 


liRaiiW 


REPLY   TO   WILKINS. 


Ill 


and  forms  of  the  British  Constitution.  Th<i  idea  of  rcpnljlicanism,  of 
independence,  of  severance  from  tlu;  mother  country,  never  crossed  my 
mind.  Centuries  hence,  perhaps,  wh(!n  nations  exi«t  wliere  now  but  a 
few  tiiousands  an;  thiidy  scattered,  tliese  Colonies  may  l)eeome  indepen- 
dent States,  lint  it  will  n(»t  be  in  my  time;  ami  when  it  arrives,  if  it 
be  permitted  to  us  to  look  down  from  tli(!  other  world  n[)on  the  destinies 
of  our  country,  I  trust  hers  may  be  oik;  of  freedom  and  of  |)eace.  But, 
as  there  is  now  no  occasion,  so  have  I  no  wish,  I'or  republican  institu- 
tions—  no  desire  to  desert  the  mighty  mollier  lor  the  great  daughter 
who  has  sprung  from  her  loins.  I  wish  to  liv(!  and  die  a  British 
subject,  but  not  a  Briton  oidy  in  the  name.  Give  me  —  give  to  my 
country,  the  blessed  [)rivileg(!  of  her  Constitution  and  her  laws;  and  as 
our  earliest  thoughts  are  trained  to  reverence  the  great  principles  of  free- 
dom and  responsibility,  which  have  made;  her  the  wonder  of  the  world, 
let  us  be  contented  with  nothing  less.  Englishmen  at  home  will  despise 
us,  if  we  forget  the  lessons  our  common  ancestors  have  bcMiueathed. 


' 


xin  animated  debate  followed,  whieh  was  not  bronght  to  a 
close  until  the  4tli  of  March,  in  which  every  member  who 
could  deliver  his  sentiments  spoke.  Before  it  ended,  the  party 
lines  which  divided  our  population  were  distinctly  visible,  and 
before  the  twelve  resolutions  were  disposed  of,  almost  every 
man  had  defined  his  position.  Mr.  James  B.  Uniacke  led  the 
Government  party,  and  Mr.  Howe  was  roughly  handled  by 
that  gentleman,  by  Mr.  Wilkins,  Mr.  Stewart,  and  others. 
New  as  lie  was  to  the  House,  iiis  friends  were  surprised  by  the 
readiness  he  displayed  in  debate,  and  by  the  tact  and  boldness 
with  wliicli  he  encountered  those  who,  up  to  his  advent,  had 
been  the  acknowledged  leaders  of  the  Assembly,  We  insert 
the  general  reply  made  upon  this  occasion  :  — 

Mr.  Howe  did  not  intend  to  have  occupied  the  time  of  {]u\  House 
again,  until  some  of  the  leading  points  in  his  resolutions  had  been  strongly 
assailed.  He  did  not  expect  to  be  called  upon  to  answer  such  an  ha- 
rangue as  had  just  been  delivered  by  the  honorable  and  learned  gentle- 
man from  Windsor.  He  would  give  tluU  gentleman  the  credit  to 
acknowledge  that  he  did  sometimes  puzzle  him,  not  to  answer,  but  to 
recollect  what  he  said.  To  avoid  the  dillicidly,  he  had  departed  from 
)iis  usual  practic  >  and  taken  notes,  and  would  from  these  endeavor  to 
reply  to  the  little  that  a])peared  to  bear  upon   the  question.     He  talked 


m 


,IKS 


U-i   ^ 


112 


REPLY  TO   WILKINS. 


! 


II 


,li 


4 


■!         i  V 


Ui 


a  great  deal  about  storms  —  the  gathering  of  the  tempests,  the  agitation 
of  the  sea  of  politics,  and  represented  me  as  the  presiding  genius  of  the 
storm;  but  tiie  learned  gentleman  raised  something  of  a  storm  himself; 
the  elements  of  his  mind  rumbled  fearfully,  and  he  gave  us  lots  of  thun- 
der, but — precious  little  lightning;  and  when  the  storm  ceased,  I 
presume  it  was  from  the  same  cause  that  puts  an  end  to  other  storms  — 
the  want  of  wind.  Any  person  who  introduces  a  measure  to  this  House 
is  bound  to  answer,  so  far  as  he  can,  the  objections  urged  against  it ;  but 
the  learned  gentleman  has  taught  me  another  lesson,  that  he  is  also 
bound  to  listen,  Avhich  in  some  cases  may  be  quite  penalty  enough.  He 
commenced  by  expressing  his  surprise  that  somehow  or  other  an  im- 
pression had  gone  abroad  that  he  was  a  thick-and-thin  defender  of  His 
Majesty's  Council.  If  that  be  true,  although  not  disposed  to  believe  so 
much  of  the  old  vox-pojmU  adage  as  to  suppose  the  voice  of  the  people 
to  be  always  the  voice  of  God,  I  must  confess,  that  whenever  a  gentle- 
man, or  a  lady,  accjuires  an  evil  reputation,  there  is  generally  some 
foundation  for  the  story.  And  if  anybody  required  proof  of  the  learned 
gentleman's  steadfast  adherence  to  the  Council,  it  might  be  found  in  the 
speech  he  has  just  delivered ;  for  when  he  tells  us  that  they  have  never 
conimittcd  a  wrong  act,  and  are  scarcely  chargeable  with  an  error  in 
judgment,  I  must  confess  that  he  is  not  very  scrupulous.  He  has  told  us 
of  the  two  great  fountains  of  political  wisdom,  from  which  the  people  of 
England  drink,  and  then  called  in  Sir  James  Kempt  to  aid  him  in  keep- 
ing things  as  they  are ;  but  he  forgets  that  Sir  James  himself  has  taken 
ofTiee  under,  and  acted  steadily  with,  the  very  men  who  slake  their  thirst 
at  the  fountain  which  he  has  stigmatized  as  dangerous  and  unclean.  If 
his  opinions  are  therefore  of  any  value,  we  should  take  those  he  has 
sanctioned  by  deliberate  acts,  not  those  expressed  in  a  private  commu- 
nication. The  learned  gentleman  has  been  exceedingly  classical,  and 
treated  us  to  an  abundance  of  (piotatlons  ;  I  regret  that  my  oppoi'tu- 
nities  have  not  supplied  me  with  such  elegant  sources  of  illustration  ; 
but  I  cannot  help  comparing  the  learned  gentU'man's  arguments  to  the 
fabled  goddess  of  old,  beautiful  to  look  at  and  tempting  to  ibllow,  but, 
when  embraced,  tuj-ning  into  a  cloud.  He  has  favored  us  with  a  leview 
of  the  press  of  the  Province,  and  laments  tiiat  it  is  only  calcuhited  to 
mislead,  from  the  one-sided  view  it  takes  of  political  questions.  l>ut  if 
he  considf'rs  this  so  great  an  evil,  and  really  desires  a  change,  why  does 
he  not  himself  establish  the  knock-down  Tory  paper,  so  necessary  to  the 
general  salvation.  For  my  part  I  should  be  delighted  to  have  him  in  the 
list  of  contemporaries ;  and  I  doubt  not  that  the  others,  to  whom  he  has 
been  so  amazingly  complimentary,  would  have  no  objection  to  met.'t  his 


REPLY    TO   WILKINS. 


113 


lilonviy  comix'tillon.  Tint  I  woiiltl  remind  llic  li'iirmMl  gontlomau  tliut 
there  are  otiier  parties  to  cun-iult  ;  and  that  l)efure  he  sets  up  his  press 
he  should  inipiire  wlielher  the  peoph-  are  likely  lo  suhseribe.  If  he 
oaleulates  without  them,  he  may  iiiid  that  after  playing  Mereury  for  iv 
while  with  feathers  at  his  heail,  he  may  be  glad  to  get  back  to  his  desk 
with  his  (juill  behind  his  ear. 

In  describing  the  happy  condition  of  the  people  of  Nova  Seolia,  h(.>  has 
treated  us  to  an  imaginary  dialogue,  which  W(!  are  to  presume  has  been 
held  with  one  of  his  constituents  in  the  township  of  Windsor;  but  if  the 
party  is  really  so  ignorant  of  his  rights  and  privileges,  and  of  all  that  is 
passing  in  the  Province,  he  must  have  found  it  necessary  to  explain  to 
him  the  meaning  of  the  word  tym[)anum,  and  other  learned  phrases 
which  he  has  employed.  But,  thanks  to  ihe  pnvss,  the  pec,[de  of  Nova 
8cotia  are  not  all  so  ignorant  as  the  lout  he  has  described.  The  yeo- 
manry perfectly  understand  the  leading  (piestions  which,  liavc  been 
agitated ;  they  know  well  what  we  are  about,  and  look  anxiously  to  the 
result  of  our  deliberations.  Though  such  specimens  of  Provincial  intel- 
lect may  be  Ibund  aljout  the  purlieus  of  Windsor,  they  are  rare  enough 
in  the  other  tov/nships,  which  will  require  all  IIk;  learned  gentleman'.T 
eloquence  and  classic  allusions  to  convince  them  that  there  are  no  evils 
rccpiiring  a  remedy  in  the  Province  of  Xova  Scotia.  I  need  not  now 
touch  upon  the  main  arguments  which  bear  on  the  present  question,  bo- 
cause  I  feel  that  the  solid  foundation  on  which  th<\sc  resolutions  rest  has 
scarcely  as  yet  been  touched.  He  takes  them  in  his  hand  and  denies 
that  they  contain  a  particle  of  truth,  and  then  wonders  how  he  can  be 
suspected  as  the  defender  of  Ilis  Majesty's  Council.  lie  differs  widely 
from  the  learned  gentleman  from  Ca[)e  Breton,  who,  with  commendable 
candor,  admits  the  justice  of  the  larger  portion,  but  points  to  particular 
passages  which  he  is  prepared  to  dis[)ute. 

The  learned  gentleman  has  treatetl  us  to  an  extract  from  Lord  Godo- 
ricli's  dispatch  in  answer  to  IMr,  McKenzie,  and  has  drawn  n  contrast 
Ijctween  our  lYooition  and  that  of  I'pper  Canada.  But  we  have  nothing 
to  do  with  the  Canadas.  jMy  opinions  with  respect  to  them  I  have 
expressed  elsewhere,  and  if  we  were  now  trying  the  justice  of  the 
complaints  made  by  the  people  there,  I  need  only  cross  the  street  to 
furnish  abundance  of  testimosiy  lo  satisfy  the  most  fastidious.  I  would 
tell  the  learned  gentleman,  however,  that  just  such  flippant  dispatches 
as  that  to  which  he  has  referred,  have  kept  almost  all  the  colonies 
for  years  in  confusion.  He  should  remember  that  Lord  Goderich,  or 
Goosey  Goderich,  as  he  has  been  familiarly  termed,  has  been  driven  out 
of  office,  and  is  succeeded  by  men  of  more  liberal  opinions.     He  thcro- 

10* 


J' .'I 


:« 


'•tm 


ii 


.i,;S^ 


'\.  A 


iM 

^:l'l:i 

■  m 

lU 


RKI'LY   TO   W 1 1. KINS. 


1  liii 


m 


I  'III/'" 


ini 


!  ' 


iLrc  stamls  lutt  in  our  Wiiy.  'V\w  stale  of  TppiT  Canada  in  fornior  times 
1  Inaid  well  described  liy  a  <rentleniaii  mIio  lield  a  responsilih-  oirice 
there.  "We  eolleeted."  said  he  "  .£l()(),(l(l((.  and  we  divich-d  it  ani()ii,i?.st 
us  ;  there  were  some,  however,  wlio  tiion;_dit  tii's  wa-;  not  eiionLrli.  I>ut  I 
lis<'d  to  say  to  tlieni,  (Jentlenieii,  we  get  all  there  is;  it  all  goes  into  our 
pockets  ;  and  sui'cly  we  ought  to  he  content."  And  so  they  should  have 
been,  sir;  I)ut  was  it  to  he  sup|K)>ed  that  the  ju-ople  would  be  contented 
too?  I5ut  let  nie  caution  gentlemen  not  to  bo  h-d  uwjiy  by  ingenious 
contrasts  with  Cana(hi,  intended  to  alarm.  It  has  been  said  that  wtf  need 
not  ask  tor  an  elective  Council,  because  Lower  Canada  has  asked  ah'cady 
and  has  been  denied,  liear  in  mind,  however,  that  there  .are  some  sub- 
stantial objections  that  have  been  urged  against  lier  claim,  that  do  not 
exist  here.  There,  the  people  are  split  into  two  great  jiolitical  and  relig- 
ious ]»arties;  here,  we  are  all  one  race.  An  Englishman,  Irishman,  or 
Scolchman  lands  u|)on  our  shores,  and  th(;  Hrst  child  he  begets  is  a  Xova 
Scotian.  After  the  first  generation  jjasses  away  a  united  population 
remain;  and  therefore  we  cannot  be  met  with  the  ditriculties  which  the 
Lower  Canadians  find  in  their  way. 

Tlu!  learned  gentleman  has  denied  that  the  people  of  this  Province 
supported  the  view  the  Ar'Sembly  took  in  the  brandy  dispute ;  but  did 
they  not,  with  two  or  three  exceptions,  return  every  man  of  the  majority, 
or  those  who  expressed  similar  opinions?  and  is  not  this  jiretty  good 
evidence  of  unanimity  ?  IJut  he  praises  the  Council  for  telling  us  that 
the  peoi)le  have  no  right  to  listen  to  their  deliberations  ;  and  asks,  if 
they  have  the  right,  why  are  they  not  there?  But  will  he  tell  me  that 
the  right  to  a  thing  in  this  Province  always  ensures  its  possession? 
The  people  are  simple  enough  to  believe  that  they  have  a  right  to 
exemption  from  taxation,  except  by  the  consent  of  their  representatives  ; 
that  they  have  a  right,  except  when  so  taxed,  to  keep  their  own  money 
in  their  own  pockets ;  and  yet  the  judges  take  it  out  by  hundreds  and 
thousands  of  pounds.  In  fact,  here,  as  in  the  ancient  feudal  times,  might 
too  often  takes  the  place  of  right.  He  has  read  to  us  the  ancient  procla- 
mation issued  by  the  Governor  and  Council  for  the  suppression  of  public 
meetings,  and  attributes  the  change  that  has  taken  place  to  the  liberality 
of  the  latter  body  in  modern  times.  If  the  truth  were  known,  perhaps 
they  like  public  meetings  as  little  as  those  who  have  gone  before  them ; 
but  fortunately  such  an  exercise  of  power  would  not  be  so  safe.  But 
if  the  learned  gentleman  had  lived  in  1770,  he  would,  no  doubt,  have 
defended  the  Council  of  that  day  as  warmly  as  he  does  ours  of  183G. 
He  who  thinks  any  change  improper,  except  perhaps  a  change  in  the 
fashion,  would  no  doubt  have  said  to  those  who  complained  of  sik'i  r 


1-  ^  r 


m 


i!ll>. 


REPLY   TO   WILKINS. 


115 


proclainalion,  "  No  rash  innoxulions,  nocoiistitiition-nitMidini^ ;  llic  coiiniry 
is  lia]>|)V,  and  you  liavc  no  ri<ilit  to  coniplain."     llr  has  cautioiicd  us,  in 
the  lanirnagij  of  tlu!  fabh',  not  to  cry  "  Wolf,  wolf !  "  for  I'lar   lliat    the 
shepherds  will  ho,  displeased  at  our  false  alarms  ;  hut  let  nie  leiniud 
liini  of  the  other  story  of  the  wolf  who  hail  got  tiw;   hunh  on   ils   l)ack, 
and  while   he  was   nMuling  ils  flesh  and  suekiny  its  blood,  tried  to  per- 
suade it  that  it  ought  to  lie  still,  and  had   no   reason  to  C'oin|)laiii.     Mr. 
Howe  then  referred  to  tin;  diselaimors  about  the  chief's   inlliience   .)ver 
the  bar.     What  he  disliked  was  the  influence  which  was  exercised,  not 
legitimately  as  a  judge,  but  as  a  legislative   and  exeeutivi;  councillor. 
If  not  the  dispenser  of  patronage,  and  the  ruler  of  a  branch  of  the  Legis- 
lature, the  bar  would  then  have  fair  play,  and  form  a  wholesome  check 
upon  the  conduct  of  the  judicatory;  as  it  was,  they  had  to  contend  against 
influences  which  were  not  necessary  to  sustain  the  character,  and  only 
served  to  protect  the  illegal  emoluments,  of  the  bench.     He  believed  this 
distincti(m  was  recognized  by  many  of  the  more  cnlighteuod   members 
of  the  ])rofession.     Mr.  Wilkins  had  denied  that  the  bishop  at  the  council 
board  took  i)art  in  secular  afl'airs;  but  did  he  not  take  his  share  of  the 
brandy  messages  and  resolutions,  and  must  he  not  have  concurred  in  the 
"  unanimous  "  messagi!  sent  down  about  the  doors.     lie  has  referred  to 
Mr.  Papineau's  letter,  addressed  last  session  to  the  Speaker,  and  would 
fain  persuade  the  House  that  we  are  acting  in  concert  with  that  gentle- 
man.    Perhaps,  to  a  certain  extent  our  views  are  the  same;  but  if  it 
■were  necessary  I  could  soon  convince  him  that  we  differ  in  many  things, 
and  that  those  differences  of  opinion  have  been  elsewhere  strongly  (,'X- 
pressed.     IJul  1  ask  gentlemen  to  confine  their  attention  to  our  own 
comitiy,  and  to  endeavor  calmly,  but  firndy,  to  obtain  what  she  reipiires 
to  secure  her  prosperity  and  happiness.     I  am  not  to  be  frightened  by 
references  to  Canada,  or  to  old  dispatches  and  denials  of  justice.    Sup})ose 
that  the  population  of  the  mother  country  had  been  so  alarmed  that  they 
had  been  deterred  from  seeking,  by  the  difliculty  of  obtaining,  necessary 
reform,  would  they  have  obtained  Catholic  emancipation,  parliamentary, 
or  corporation  reform?     And  suppose  that  the  Colonies  had  asked  for 
nothing  in  former  times  but  Avhat  they  were  certain  to  get ;  suppose  they 
had  been  satisfied  with  what  old  Earl  Bathurst  had  been  disposed  to 
give,  in  what  situation  would  we  have  been  now  ?     "Would  we  have 
had  the  concessions  to  Lower  Canada  —  the  liberal  instructions  to  Sir 
Francis  Head  —  the  relinquishment  of  the  revenues  in  New  Brunswick? 
No,  sir ;  and  therefore  I  repeat  again,  let  us  look  only  to  the  situation 
and  the  wants  of  our  own  Province,  and  ask  for  what  is  right  and  fair. 
The  views  of  the  English  government  with  respect  to  domestic  and 


i: 


;!  1 

i,:    I 


m 


iff 


'M 


m 


m 


m 

'  K'    I. 


110 


lU:ri,Y   TO   WILKIXS. 


■I'^ 


:| 


Colonial  |)(»licy,  an,"  tvtry  year  ht'coniing  more  liboral,  and  wc  have  no 
reason  lo  dc.-paii"  of  ohlainin;;  any  concession  calcnlalcd  to  do  ns  j^ood. 
Colonial  niinislci's  and  tlicir  prcjndicrs  pass  away;  the  Province  still 
ninains. 

The  main  ai%'nnicnt  involved  in  these  resolutions  I  consider  as  yet 
untouched,  as  I  trust  I  shall  Ik-  aide  to  show,  when  they  come  sei)arately 
under  review;  I  contend  not  for  mere  words  and  phrases.  The  learned 
jrenllenian  has  declared  that  they  ai'e  mere  echoes  of  the  sentiments  I 
have  promul,ii:Mted  in  The  Xova  Scotian.  AVhat  rise  should  they  he? 
Perhaps  he  and  <Mhcrs  would  have  hecn  hetter  pleased  if,  in  cominn;  into 
this  Assembly,  I  had  Ixdied  the  sentiments  expressed  elsewhere.  Such 
tinners  may  have  hai)pened  cri'  now,  but  J  trust  that  my  conduct  will 
never  furnish  ani>lher  instance.  To  tlm  opinions  promuljjjatod  throu;!;li 
the  ])rcss  I  still  adhere  ;  and  I  am  happy  that  they  are  sanctioned  by  the 
•I'dLmient  and  sustained  by  the  sympathies  of  the  people  we  represent. 
If  I  know  anythinjr,  it  is  that  the  bulk  ol"  the  jjopulation  —  that  nine  out 
of  ten  of  the  intelligent  minds  throughout  the  country,  firmly  Ixdicve 
the  truth  of  the  i)ropositions  which  those  resolutions  contain ;  and  the 
reforms  demanded  they  are  deternuned  to  have,  the  resistance  of  the 
Council,  and  the  learned  gentleman's  classic  speeches,  to  the  contrary, 
iiotwi'''.slaniling.  As  respects  the  sneers  thrown  out  about  a  deh'gation, 
I  state  fraidxly  that  I  contemplate  no  such  thing,  unless  it  be  found  to  be 
ultimately  indispensable.  From  the  experience  the  people  of  this 
country  have  had  of  missions  to  England,  they  are  not  much  inclined  to 
favor  ihem  ;  aiul  I  should  fear  that  from  the  time  I  set  my  foot  on  ship- 
board on  such  an  errand,  my  ]iolitical  reputation  would  begin  lo  decline. 
At  pr(\sent,  howevc",  my  object  is  merely  to  bring  the  more  prominent 
evils  of  the  Colony  to  the  notice  of  His  INIajesty  by  address.  As 
respects  an  elective  council,  I  ask  it,  because  I  believe  that  the  opinion 
of  the  learned  gentleman's  grandfather  is  correct.  [!Mr.  "NVilkins 
explained  that  it  was  his  grand  uncle  who  spoke  with  rel'erence  lo  the 
Ibrmer  condition  of  New  York.]  That  reverend  gentleman,  then,  if  he 
said  any  thing  that  bears  upon  the  present  question,  said  this,  that  there 
were  not  materials  in  that  Colony  to  construct  such  a  government  as 
exists  in  England.  What  was  true  then,  is  true  now.  If  we  had  the 
materials  for  a  House  of  Lords  I  should  be  ashamed  to  ask  for  this  mod- 
ification. But,  as  we  have  them  not,  we  must  construct  the  best  Ibrm 
of  government  wc  can  with  the  materials  that  are  at  hand.  The  (jnes- 
tion  is  simply  this ;  shall  the  upper  branch  be  selected  by  those  who  know 
the  best  men  in  the  country,  and  have  a  deep  interest  in  their  delibera- 
tions, or  by  the  Colonial  Secretary,  three  thousand  miles  off,  acting  ui)on 


:i' 


IJEPLY   TO   WILKINS. 


117 


the  iUiviceof  one  or  two  iiidiviiliials,  iiilcrtstt'd  in  inisk'adiii^  liim  to  [kt- 
pc'tiiatf  tlic'ir  own  power?     If  tin-  people  of  Knirliind  err  at  all,  ilicy  err 
on  the  side  of  popular  ri<^hts.     The  learned  genth'nian  denies  that  there 
is  liny  jiroinid  for  eoinplainf,  hut  eoiilesses  that  he  desires  an  iiilii-ion  of 
a;Ti-iciiltMral  spirit  into  the  upper  hraneh.     IJut  we  difl'er  as  to  ih.'  iiKuh! ; 
ant'  when  he  thiidvs  that  a  mere  separjition  of  the  I'xeeutive  and  h-jxishi- 
tive  power  will  give  satisfaelion,  and  leaves  the  scdeelioiis  to  the  L'oveni- 
ment,  I  turn  him  to  New  lirnnswiek  where  such  a  change  lias  iiccn  intro- 
duced.    The  learned  memher  from  Cape  Breton  ueknowh'dgrd  ilial  our 
Couneil  was  made  up  of  a  copartnership  and  a  family  |)arly.      lliit  in  the 
reformed  council  of  New  IJriinswick  the  same  evil  is  preserved;  for,  if  I 
am  not  mistaken,  three  family  comiect ions  have  a  decided  majority  at  the 
board.     And  I  will  venture  to  predict,  that  if  a  similar  alteiaiion  lakes 
phice  here,  the  same  principle  will  b(!  adhered  to,  and  that  two  oi-  three 
little  parties  will  have  ii  preponderating  inlluence;  and  memlters  will  find 
that  such  selections  will  be  made  as  will  astonish  them  all,  and  disajipoint 
their  lio[)es.     IJut  we  an;  told,  we  may  all  obtain  seats  in  the  C'oinicil  if 
we  elioose  to  apply.     If  I  wished  to  secure  one,  I  would  endeavor,  lirst,  to 
get  in  here,  and  whenever  the  Council's  policy  was  attacked,  I  would  rise 
and  defend  it ;    whenever  their  vi(!ws  and  interests  weic   assailed,   I 
•would   come  to   their  aid  with   airy  arguments  and  classic  (iiiolations  ; 
when  their  rights  and  privileges  were  talked  of,  I  would  muster  all  the 
llnmders  of  declamation,  and  if  possible   enliven   the  storm  by  a  little 
lightning;    but   when    the    rights  and   duties    of    this  Assembly    were 
involved,  I  would  sneer  at  and  oppose  them,  and  take  my  seal  in  a  lean 
and  miserable  minority,  satisfied  that  my  object  was  attained  without  any 
other  interest  at  court.     But,  shouM  I  go  to  the  government  and  say,  I 
reside  in  the  country  —  by  industry  have  accumulated  a  competency  and 
stored  my  mind  with  knowledge  —  by  an  independent  and  uprigiit  dis- 
charge of  duty,  even  in  opposition  to  the  views  of  His  ^Majesty's  Council, 
have  won  the  peo[)le's  esteem,  I  should  ask  for  a  seat  in  vain  ;  my  claim 
would  never  be  allowed.     He  wants  the  Council  created  by  sneaking  ser- 
vility to  the  local  authorities;  I  wish  to  base  it  upon  kind  ticts  and  con- 
scious  indei)endence.     I  fear  we  shall  never  agree.     In  conclusion,  sir, 
I  have    again  to  express  my  regret   that    the   honorable  ami   learned 
member  for  Windsor  cannot  believe  that  any  practical  grievance  exists 
in  the  Province  of  Nova  Scotia.     His  classic  sympathies  may  be  excited 
by  an  old  elm   tree;    the  sighing  of  the  winds    through  its  branches 
oppresses  his  niin<l  with  sadness;  but  the  sighs  of  the  living  population 
of  the   land  for  liberty  and  justice  —  lor   the  checks  and  blessings  of 
the  British  Constitution,  fall  unregarded  on  his  ear. 


'!  ::P-I 


I  '/' 


i\ 


h    ■!■!:: 


;,^ii  J 


118 


TWKLVK   ni:S0LUTIONS. 


Oil  iiu)viiiii[  the  clcvciitli  resolution,  on  the  'M  of  Marcli,  Mr. 
llowc  iiiiidt'  ii  speech  tliiit  is  worth  preservini,',  l"or  various 
reasons.  Those  who  defeiKh'd  tht*  t)Ul  system  ol'  irovernnient 
assiuned,  Ih-st,  Ihat  the  institutions  of  th(^  United  States  had 
laih'd  to  seeUH!  Hi)erty  and  iia|)piness,  and  that  by  yieldinjj; 
responsii)le  <foverinnent,  republican  institutions  would  be  at 
once  iiitrodueed.  Mr.  Howe  coinl)ated  both  these  ari^innents. 
While  he  did  justice  to  our  neighbors,  and  ascribed  to  the 
jn-actical  working  of  their  purely  elective  institu'ions  the  great 
prosperity  and  freedoiii  \vhich  thoy  enjoyed,  he  slK)w«'d  that 
responsible  government  was  not  republicanism,  l)ut  a  j)urely 
]3ritish  mode  of  conducting  public  all'airs,  which  British  Ameri- 
cans might  claim  without  any  iniixachment  of  their  loyalty  :  — 

]\Ii'.  Howe,  in  rising  to  move  tlic  hist  ri'solntion,  said,  that  while;  lie 
would  congratnhife  the  House  on  havinggot  so  nearly  tlirougli  the  series, 
lie  luiisf  also  thank  tlicni  (orlhc  patient  attention  with  wliicli  he  had  heeii 
iavon'<l,  and  whieli,  as  a  vei'y  yonng  nieniber,  he  had  no  right  to  expect. 
lie  I'elt  iiiniself  relieved  from  a  weight  of  responsibility,  by  the  sanet'f  u 
that  had  been  given,  after  grave  deliberation,  to  so  many  of  his  opinioris, 
"Where  gentlenii'n  had  ditl'eriMl  with  liini.  he  felt  they  had  exercised  au 
undoubted  right  ;  and  the  address,  whenever  it  should  l)e  framed,  would 
speak  not  the  language  of  any  individual,  but  of  a  larg<'  majority  of  the 
rej)resentatives  of  the  people.  In  bringing  inider  review  the  last,  but 
by  no  means  the  lea>t  impoi'tant,  of  these  resolutions,  I  nuist  beg  of 
members  lodiseharge  from  their  minds  all  needless  horror  of  innovation, 
till  undue  pnjudiee  in  favor  of  the  mere  framework,  K'lher  than  the 
spirit,  of  eslal)lished  institutions.  I  trust  that  gentlemen  will  be  disposed 
to  examine  the  change  which  it  demands,  with  reference  to  its  probable 
utility,  not  l>y  its  inapplicability  to  the  parent  Stiite.  In  pressing  it  on 
the  attention  of  the  Ib^ise,  I  should  have  felt  much  less  disposed  to 
occupy  time,  had  it  not  been  for  the  ehxpient  and  ingenious  speech, 
delivered  on  a  former  day  by  the  learned  member  from  Cumberland, 
and  which  was  so  well  calculated  to  arouse  j)rejudices  in  many  minds 
again.-t  thetdective  principle.  That  gentleman  drew  a  vivid  contrast  be- 
tween the  institutions  of  America  and  those  of  the  mother  country  ; 
and,  while  he  did  but  justice  to  the  latter,  the  former  were  held  U[)  to 
ridicule,  as  being  based  upon  unsubstantial  theory,  and  incapable,  of 
securing  life,  liberty,  and  j)roperty,  when  reduced  to  i)ractice.  He  is 
opposed  to  this  resolution,  because,  judging  from  the  elective  [jrinciple  in 


i    I 


i.t 


TWKLVE    IlESOLUTIOXS. 


119 


t 

1 


ihu  Ui\it(Ml  St:itos,  In-  lM'li('V(\-(  tliiit  if  ai»  flccfivo  romicil  woro  crciitcd 
here,  it  would  be  i'ullowi'd  I)y  aiiiiiial  pailiaiiicuts,  iiml  (lie  clictioii  l)y  (lie 
])('ui»lt'  of  our  jii(lg(!s  ami  pJViTiiors.  That  oik.'  violent  clian'ro  would  Ih- 
Ibllowod  by  another,  produced  by  an  insatiable  spirit  of  cxeilemcnt  and 
innovation,  until  this  Provinct;  was  brouiiht  to  the  same  dcploralili-  con- 
dition to  which  our  n('i;»hbors  arc  rcilucc(l  by  ihc  dist(inpcrc(l  iina;^inatiou 
of  my  honorable  and  learned  iViend. 

Sir,  I  trust  that  those  who  hear  nic  will  I)c  disposed  (oa^k  themselves, 
not  what  exists  in  Eni^land,  under  circumstances  very  dill'erenl  iVoni 
ours  —  not  what  exists  in  republicini  America,  created  out  of  a  slati-  of 
thinjrs  which  is  not  likely  to  bo  forced  on  us  —  but  what  is  re»iuired  by 
the  Provinc(!  of  Nova  Scotia,  under  tlu(  eircumstanci'S  in  which  we  are 
placed  ;  what  form  should  her  institutions  assume,  in  order,  by  ju'e- 
serving  the  responsibility  of  all  branches  of  the  f^ovennnent  to  tin? 
Commons,  to  secure  her  prosperity  and  ndvancement.  l>ut,  sir,  Avhen  I 
hear  it  asserted  in  this  Assembly  that  there  is  nolhinj:^  practical  in  tin; 
institutions  of  our  neighbors  —  that  they  are  based  on  mere  speculation  — 
that  Ijcneath  their  shade  neither  lile,  libeily,  nor  property  ai'  secure  — 
SI  sense  of  justice  —  of  what  is  due  to  the  aljsent  —  would  compel  me  to 
say  something  even  in  an  enemy's  defence.  Sir,  when  the  lenrned 
gentleman  thus  asperses  the  institutions  of  our  neighboi-s,  when  lie  tells 
us  that  there  is  nothing  practical  in  republican  America.  I  point  to  that 
great  nation,  stretching  from  the  Gulf  of  ^lexico  to  the  IJay  of  Fundy, 
and  I  ask  him,  excepting  the  IJritish  Isles,  to  show  mc  where,  upon  the 
Avide  surface  of  the  globe,  within  the  same  extent  of  territory,  an  equal 
amount  of  freedom,  prosperity,  and  happiness  are  enjoyed  ?  Nothing 
practical !  "When  I  see  a  people  who  numbered  but  three  millions  and  ji 
lialf,  at  the  time  of  the  Revolution  —  who  owed  then  seventy-five  million 
dollars  —  and  who,  though  they  purchased  Florida  with  live  millions,  and 
Louisiana  with  fifteen,  and  owed  one  hundred  and  twenty-three  million 
dollars  at  the  close  of  the  last  war,  are  now  not  only  free  of  debt,  but  liav(^ 
an  overflowing  treasury,  the  fertilizing  streams  from  which,  rolling  through 
every  State  in  that  vast  Union,  give  life  and  energy  to  every  species  ol' 
internal  improvement  —  I  ask  my  learned  friend,  is  there  nothing  prac- 
tical in  all  this?  When  1  see  fifteen  millions  of  people  governed  by 
the  aid  of  six  thousand  troops  —  less  by  nine  thousand  than  are  necessary 
to  keep  the  peace  in  Ireland,  scarcely  one-third  more  than  are  stationed 
in  the  Colonies  —  shall  I  be  told  that  there  is  nothing  practical  in  the 
government  under  which  they  live  ?  "When  I  survey  their  industry,  their 
enterprise,  their  resources,  tlieii*  commerce  whitening  every  j^cn,  their 
factories,  propelled  by  a  thousand  streams,  their  agriculture,  with  its 


m 


I 


ill 


ift.  .!    I 


' '    'X  f 

'it; .  !■ 


'  ;iv 

i 

^'  # 

fffc 


m 


:'■  ifi 


,.:s;r 

■    :■>:<■  f 


iMTWi^nw^*^ 


120 


TWI:LVK   RKSOLUTIONrt. 


i.. 


ji 


it 


catili'  (111  It'll  tlioiisiind  Iiill-i,  their  forty  noltlo  rivers  flowiiiff  to  the  occnn, 
t'oNcrctl  wiili  siciiiiilpoiils  ciowdcd  with  Inimaii  Iicinjjs  —  ni^Miii,  I  :i»!\,  sliall 
it  1m-  >iiii|  lliatrvi'ii  iIk'  n'|iiilili(':iM  irHtiliiliotis  of  America  liav(>  iinidiiced 
no  |ti'aelieal  result?  AVIieii  I  l)eli<»l(l,  iipoii  the  ;rreat  ialios  —  scarcely 
rivalled  liy  llie  ('as|piaii  and  tli*.'  IJaltic  —  animated  scenes  of  inlaiul 
tralllc,  when  I  look  to  her  li\('  hundred  Itaidxs,  with  their  two  hundred 
millions  of  en|iilal,  In'r  extended  lines  of  railroad  and  canal,  her  sph-iidid 
paekeis,  ;.'lanciM;^  like  hii'ds  athwart  the  Atlantic,  her  n(»I»le  pcniteii- 
tiarie-,  her  excellent  hotels,  her  iifly  colleges,  her  admirahle  conttnoii 
schools. —  I  cannot  hut  feel  that  even  if  such  dreadful  evils  as  these,  were 
to  come  upon  lis  from  makin;;  our  Council  elective,  avc  ouj^ht  Jiol  to  be 
deterred  from  askini^  ibr  ii  change.  And  when  I  thiidc  of  her  acute 
diplomacy,  her  aide  Presidents,  from  Washington  to  tJackson,  her  orators, 
irom  Henry  and  (^uincy,  to  Wirt,  and  I'iVerett,  and  Webster,  her  philos- 
ophers, from  Franklin  to  Fulton,  her  patriots,  from  Warren  to  Clinton, 
her  poets  (and  sweet  ones  they  are),  her  Bryants,  ami  Percivals,  and  Si;?- 
uurneys, —  I  am  bound  to  assert  that  the  great  nation  which  the  learned 
gentleman  maligned,  jtresenis  an  aspect  of  political  prosperity  anil 
grandeur,  of  moral  sublimity  and  high  intellectual  and  social  cultivation, 
that  ought  to  have  made  him  ashamed  of  the  unseemly  pictun;  which 
he  drew ;  and  I  tell  him  boldly,  that  these  arc  practical  restdts  that 
should  challenge  his  admiration,  nither  than  excite  his  contempt. 

r»ut,  forsooth,  all  these  arc;  to  go  for  nothing,  because  there  are  mobs 
in  America;  because  the  people  (»f  Charlestown  burnt  a  convent,  and 
some  of  the  rioters  wire  permitteil  to  escape.  Did  jny  learned  friend 
never  hear  of  Lord  George  Gordon's  mob,  that  took  lawless  possession 
of  the  very  capital  of  that  mighty  empire  to  which  he  is  so  ])roud  to 
belong?  Does  Ik;  not  know  that  an  infuriated  inultitud*;  rioted  for  days 
uncontrolled  in  the  city  of  Bristol  ?  AVould  he  like  to  have  these  in- 
stances of  temporary  misrule,  of  the  unbridled  sway  of  human  passion, 
brought  forward  to  prove  that  there  is  nothing  practical  in  British  institu- 
tions? that  there  is  no  security  for  life  and  property  in  England?  They 
woidd  prove  as  little  in  the  one  case  as  in  the  other.  Mobs  will  spring 
up  occasionally  in  towns ;  but,  if  they  sometimes  disgrace  those  of 
America,  who  ever  hears  of  them  in  her  agricultural  districts  ?  Yet  in 
Britain,  not  only  do  we  hear  of  combinations  to  destroy  machinery  in  the 
cities,  but  the  burning  of  stacks  in  the  country ;  and  therefore  it  is,  that 
when  I  am  cautioned  against  preferring  unjust  imputations  against  the 
body  in  the  other  end  of  the  building,  who  have  their  defenders  here,  I 
advise  them  to  look  at  home,  and  not  to  send  abroad  unfounded  charges 
against  a  neighboring  nation,  on  the  presumption  that  no  one  will  have 


.^- 


N't 


TWKI.VK    IlF.SOLniON^. 


121 


tin'  iiiMiiliiii's-t  to  s;\y  ii  word  in  its  «l<'rt'ii('<'.  I  mij.'lil  turn  liciilli'mt'u's 
allnilioii  Id  s<'i>iii's  wliicli  have  (u-cin'rcd  :il  Iidiih',  iiikIit  tlir  r'liiiilc^w  ol' 
that  ctuistitminii  imd  lliosc  luws  wliidi  lln-y  cnnsidn-  iiciitrl,  ten  tlimi- 
MUinl  lime-*  iiKirr  di>;:riii'»'rid  tlimi  any  llial  liavc  (icciirrcd  in  Aini'rica. 
1  mi^'lit  point  to  "  icd  Uatlifoi'inac,"  ami  liic  otlirrsccnc-^ot' titlif  Itntclwrv 
in  Inlaiid  ;  ami  wliilr  yon  sickcni'd  at  the  Mood  Mowing;  Iron)  tlw  woninN 
intlirtcd  hy  a  linital  siddicry,  I  inii^hl  show  yon  llu-  avaricions  priest."'. 
and  tlio  licsottcil  torii's  —  those  who  drink  IVom  the  pure  stream  of 
juditieal  wisdom,  descril)ed  on  a  I'ormer  day  \ty  the  learned  gentleman 
troll'  WindMir — hnsily  fxoadinjj;  them  on.  JJiit  as  these  woidd  prove 
nothin;;  a;:ains(  the  ^'eneral  workini;  of  nriti>h  institnlions,  the  vast 
amount  of  protection  and  happiness  they  secure,  iieitlier  should  those 
of  our  iiei;:;hl)ors  l)e  assailed  upon  e(|nally  imteiialdc  ;;rounds. 

Wnt  r  am  told  that  slavery  exists  in  the  I'nited  States.  It  does;  and 
I  will  admit  that  if  there  is  a  stain  upon  their  escutcheon,  a  Idot  upon 
their  lair  fame,  it  is  that  slavery  has  lieen  stilVered  to  exist  in  any  part 
of  the  Uni(m  so  l(»n<^.  Ihit,  did  not  slavery  exist  in  the  lliitish  domin- 
ions until  within  two  or  three  years  ?  And  when  I  am  told  of  the 
violent  proceedinj^s  of  the  Southern  plant<'rs  to  protect  their  own  system, 
I  n'lnind  my  leariie(l  friend  of  the  hatcheries,  and  huruiui^s  of  (diiipels, 
in  the  West  India  Islands,  Slavery  is  a  ;ireat  curse;  an<l  wherever  it 
exists,  it  will  he  marked  hy  great  evils,  arisimr  out  of  the  feaiv  of  the 
oppressor  and  the  struggles  of  the  oppressed.  l>ul  let  us  never  forget, 
that  while  slavery  was  forced  upon  the  old  Colonies  hy  the  operation  of 
liriiish  laws,  nine  out  of  the  thirteen  States  that  originally  formed  the 
confederation  have  wiped  away  the  stain,  have,  emancipated  their  honds- 
inen,  have  hroken  the  shackh's  of  the  slave.  If,  then,  I  wished  to  justify 
this  resolution  hy  the  practical  effects  which  the  elective  institutions  of 
America  have  produced,  I  feel  that,  notwithstanding  tin;  (doipience  of  my 
learned  fri(;nd,  I  should  be  entitled  to  your  sui)port.  Tpon  the  f;icts  to 
which  I  have  referred,  and  hundreds  of  others  like  them,  I  might  confi- 
dently ask  for  a  solemn  adju<lication. 

But,  thank  (tod,  there  is  no  need  to  look  to  republican  America  for 
examples.  Throughout  these  discussions  1  have  turned,  and  I  seek 
again  to  turn,  your  minds  to  that  great  country  from  which  we  have  all 
sprung,  to  which  we  owe  allegiance,  !in<l  to  whos(!  institutions  it  is  my 
pride  to  look  for  models  for  imitation.  Though  in  replying  to  my 
learned  friend's  misrepresentations,  I  have  but  done  an  act  of  justice,  I 
ask  you  to  throw  aside  every  argument  that  can  be  drawn  from  republi- 
can America,  to  cast  a  veil  over  her  institutions  and  her  prosperity,  and, 
looking  across  the  Atlantic,  to  gather  support  to  the  resolution  before 
11 


f  n 


n 


1            ir 
1  i 

■.4 

Vi.^     M  I'l 


I 


i!l  i  !l 


i      I 


riii,,M 


i^'W 


122 


TWELVE    liESOLUTIONS. 


;    :':i    t'i 


you  from  the  example  of  Kii;^'laiul.  I  should  not  have  proposed  it, 
I  shouhl  not  stand  here  to-day  to  press  it  npon  your  attention,  did  I  not 
feel  that  it  could  comiucnd  itself  to  your  minds  liy  the  practical  wtu'kiiii; 
of  her  institutions.  A\'ere  you  to  tell  an  Erglishman  lIiat,you,  'he 
Coininons  of  the  country,  had  no  eflcctual  control  over  the  other  braiic  ;es 
of  your  government,  that  liere  there  exists  no  check  which  ensuK's  re- 
sponsihilily  to  the  i)eople,  —  what  opinion  would  he  form  of  the  degree  of 
freedom  you  enj()yed?  Were  you  to  propose  that  half  the  Iloiise 
of  r.ords  should  be  chosen  from  two  family  connections,  aud  the  other 
hah'  should  l)e  mad  >  up  of  public  oillcers  and  directors  of  the  ]»ank 
of  England,  he  would  laugh  you  to  scorn  ;  he  would  tell  you  he  would 
not  tolerate  such  an  upper  branch  for  a  single  hour.  Sir,  it  is  because  I 
feel  that  the  institutions  we  have  are  not  English,  that  they  arc  such  as 
would  never  be  sufl'ered  to  exist  at  home,  and  ought  never  to  be  sanc- 
tioned by  the  descendants  of  IJritons  in  the  Colonies,  that  I  desire  a 
change ;  and,  because  it  i)i"oposes  a  remedy,  because  it  liolds  out  a 
prospect  of  reformation,  that  I  ask  the  House,  not  rashly  to  adopt,  but 
gravely  and  cahnly  to  consider,  the  resolution  before  them. 

I  have  already  said,  and  I  repeat  again,  that  tiie  excellence  of  the 
British  Constitution  is  to  be  found,  not  in  the  mere  structure  of  the 
various  branches  of  the  government,  but  in  that  all-pervading  responsi- 
bility to  the  people  which  gives  life  and  vigor  to  the  Avliole.  That 
Constitution  is  not  a  thing  held  sacred  from  change,  not  susceptible  of 
improv'Mnent,  but  a  form  of  government  subject  to  continual  revision  and 
renovation,  whenever  it  is  found  that  the  great  principle  of  responsil)ility 
is  in  danger.  To  preserve  this  i)rincii>le  {\w  prerogatives  of  the  crown 
were  curtailed;  to  preserve  this  j)rinciple  the  House  of  Commons  was 
reformed ;  and  even  now,  a  struggle  is  going  on  to  reduce  the  power  of 
the  Lords.  Shall  we,  then,  be  blamed  for  seeking  to  preserve  it,  by  re- 
modelling our  provincial  institutions?  When  gentlemen  raise  the  cry 
of  innovation,  I  ask  if  the  repeal  of  the  Test  and  Corporation  Acts  was 
not  an  innovation  ?  if  the  destruction  of  the  rotten  boroughs  was  not  a  great 
constitutional  change  ?  And  while  the  government  at  home  is  subjected 
to  constant  modifications,  required  by  the  increasing  intelligence  of  the 
people,  is  it  to  be  said  that  ours  should  remain  unimproved  —  that  the 
reforming  ministers  of  England  will  deny  to  the  colonists  the  right  to 
imitate  their  own  examples?  Sir,  I  have  often  felt,  and  now  in  my 
heart  believe,  that  if  the  people  of  England  really  understood  the  ques- 
tions which  often  agitate  the  Colonics,  if  the  government  was  accurately 
informed,  instead  of  being,  as  it  constantly  is,  misled  by  interested  parties 
on  this  side  the  Atlantic,  we  should  rarely  have  any  very  irreconcilable 


iL" 


I 


TWELVE    RESOLUTIONS. 


123 


(liflTcrencos  of  opinion.     "What  vartlily  interest  ha?*  Jolni  liiill  in  denying 
his  Itrethren  justice!' 

The  argument  urged  about  the  denial  of  an  elective  Comu'il  was 
partially  answered  on  a  former  day;  hut  gentlemen  may  not  he  aware 
that  the  last  motion  made  by  Mv.  Koehnek  on  the  sulijeet  was  with- 
drawn, imder  an  implied  j)ledge  that  government  would  fairly  consider 
the  (juestion.  Let  gentlemen  review  the  present  system  of  creating  tlie 
.second  branch.  Can  any  thing  be  more  intoleraI)l<' ?  1  referred,  on  a 
ibrmer  day,  to  the  old  Council  of  Elaine,  composed  of  a  single  family  ; 
the  same  evil  has  prevailed  to  a  great  extent  in  every  one  of  which  we 
have  any  knowledge ;  they  have  either  been  composed  of  such  comiec- 
tions,  or  have  been  ruled  by  little  combinations,  always  distasteful  and 
often  injurious  to  the  people.  How  can  it  be  otherwise,  while  the  whole 
branch  is  createtl  on  the  recommendation  of  one  or  two  individuals  in 
the  Colonies,  more  intent  on  preserving  their  own  inliuenee  than  fairly 
distributing  the  royal  favor.  "  It  is  a  fatal  error,"  says  Sir  James 
Mackintosh,  "in  the  rulers  of  a  country  to  despise  the  people;  Its  safety, 
Iionor,  and  strength  are  best  i)reserved  by  consulting  their  wishes  and 
feelings.  The  government  of  C^uebec,  despising  these  considerations, 
has  been  long  engaged  in  a  scuflle  with  the  people,  and  has  thought  hard 
words  and  hard  blows  not  inconsistent  witii  its  dignity.  I  observe  that 
twenty-one  bills  were  passed  by  the  Lower  House  of  Assembly  in  1827, 
most  of  them  reformatory.  Of  those  twenty-one  bills,  not  one  was  approved 
of  by  the  Up{KH'  House.  Is  the  Governor  responsible  for  this  ?  I  answer 
he  is.  The  Council  is  nothing  better  than  the  tool  of  government.  It 
is  not  a  fair  and  constitutional  clieck  between  the  popular  Assembly  and 
tlie  Governor."  I  did  not  think  it  necessary  to  accumulate  evidence  on 
this  point,  or  I  might  have  had  abundance ;  indeed  1  feel  that  it  is  painful 
to  intrude  even  what  has  been  said  upon  the  ILjuse,  after  the  long  dis- 
cussions in  which  we  have  been  engaged.  It  has  been  said  that  elective 
Councils  are  a  new  invention  ;  but  let  it  be  remembered  that  they  existed 
in  some  of  the  old  Colonies  until  their  charters  were  withdrawn,  and 
were  found  to  work  well.  And  if  the  government  would  but  take  an 
enlarged  view  of  the  subject,  it  would,  notwithstanding  the  national  and 
religious  divisions  which  certainly  do  present  some  difliculties,  grant  an 
elective  Council  to  Lower  Canada,  for  these  plain  reasons :  ji  vast  ma- 
jority of  the  people,  and  nearly  the  whole  of  their  repi'esentatives, 
require  it.  To  refuse,  is  to  perpetuate  agitation ;  to  grant  it,  is  to  try  a 
great  experiment  for  the  restoration  of  peace  ;  and  if  it  be  necessary  to 
resort  to  force,  to  reconquer  the  country  again,  it  can  be  done  as  well 
after  i\s  before  the  Upper  branch  is  rendered  elective. 


* 

m 

!     ■       ■  i 

!  it 
;  i  ■ 

i  v 
i 

I" « 


1.1 


!i  i;- 


III 


i!  i:' 


fl 


ll: 


124 


TWKLV E    I?ESOLUTIOXS. 


i  .  rf,, 


r>ut,  it  i.s  said,  the  Councils  would  in  tliat  oase  l»e  llllcd  witli  persons 
of  low  estsUe  ;  witli  i'arniers,  and  nieelianics,  wiio  know  notliiiif?  of  legisla- 
tion. Let  nie,  upon  this  point,  (juote  the  answer  wliieh  an  intelligent 
Anieriean  gives  to  C'aj)tain  Hall.  lie  sajs:  "  From  Canada,  Captain 
Hall  i)ass(s  into  iNew  York.  Delighted  with  a  Ciovernor,  robbing  the 
public  chest  (and  pleading  an  olherwi.-e  unavoidable  subversion  of  the 
government  as  an  excuse),  and  with  a  Council,  comj)osed  of  the  '  Gov- 
ernor's creatures,'  negativing  every  bill  from  the  other  House,  Captain 
Hall  is  of  cours(,'  disgusted  with  the  Legislature  of  A'ew  York,  as  com- 
posed of  luen  '  who  had  come  to  the  Legislature  straight  from  the  plough, 
from  behind  the  counter,  from  chopping  down  trees,  or  from  the  bar,* 
wholly  nnaccjuainted  with  public  business  or  the  duty  of  the  legislator. 
l?ut  we  dislike  this  eternal  drawing  of  inferences,  instead  of  citing  facts. 
We  wish  Captain  Hall  would  point  out  the  great  practical  evils  perpe- 
trated by  this  Legislature,  or  that  he  would  name  a  deliberative  body  in 
the  world,  that  can  show  more  work,  better  done,  ihan  may  be  shown  by 
this  very  Li'gislature  of  New  York.  Look  at  the  institutions  of  that 
State ;  her  various  endowed  charities ;  her  jjenitentiaries,  which  our 
traveller  desciibes  with  great  but  not  exaggerated  praise  ;  the  rapid 
colonization  of  her  own  wide  domain,  with  a  population  greater  than  that 
which  I'arliament,  at  a  {jrofusc  expense  of  public  money,  has  been  able 
to  rear  u[)  in  all  the  liritish  North  American  dominions ;  lier  munilieent 
endowment  of  her  colleges ;  her  princely  school  fund  ;  her  more  than  im- 
perial works  of  internal  connnunication.  These  are  the  doings  of  Cajitain 
Hall's  wood-choppers  and  plough-joggers,  but  not  all  of  them.  It'  there 
be  a  government,  poijular  or  arbitrary,  which,  in  nearly  the  same  space 
of  lime,  and  with  the  same  command  of  means,  has  done  n\ore  for 
the  advancement  of  civilization,  the  arts,  and  the  public  welfare  and 
prosperity,  we  have  yet  to  learn  in  what  part  of  the  world  it  is  to  bo 
Ibund."  I  give  the  same  kind  of  answer  to  my  learned  friends  on  the 
other  side.  Suppose  that  a  new  Council  is  to  be  created  to-morrow ; 
how  is  it  to  be  done?  Two  or  three  persons  furnish  lists  to  the  Gover- 
nor, who  sends  them  to  England.  Now,  this  is  a  power  that  I  would 
not  entrust  to  any  two  or  three  men,  however  wise  or  patriotic  they  may 
be  ;  yet,  if  they  are  the  reverse,  how  incalculable  is  the  mischief  pro- 
duced. 15ut,  suppose  a  member  of  Council  is  recjuired  for  Caj)e  Breton, 
and  by  the  aid  of  the  elective  principle  the  live  gentlemen  wiio  now 
represent  the  Island  are  returned  ;  if  the  Governor  is  compelled  to  select 
one  of  these,  though  he  may  not  take  the  best,  he  must,  at  all  events, 
choose  one  whom  the  people  themselves  have  pressed  u[)on  his  notice ; 
one  in  whom  they  have  confidence,  and  one  who  is  more  likely  to  be  of 


w^__- 


TWELVE   UESOLUTIONS. 


125 


st?Tvice  than  a  person  whom  thpy  never  saw.  Perhaps  he  may  now 
find  one  among  them  that  would  be  seleoted ;  but  I  know  that  there  are 
other  counties  whose  representatives  would  go  a  begging  for  a  seat  in 
Council  before  it  was  obtained.  In  nine  cases  out  often  it  will  be  found 
that  the  men  most  loved  r.nd  trusted  by  the  peo[)le,  arc  the  last  to  obtain 
the  confidenee  of  the  local  government.  Why  should  this  be  ?  In  Eng- 
land, the  King  himself  cannot  exclude  from  his  cabinet  commanding 
lialent,  backed  by  the  support  and  confidence  of  the  nation.  How  often 
have  we  seen  the  British  monarchs  compelled  by  the  country  to  place  the 
reins  of  government  in  the  hands  of  those  from  whom  they  would  gladly 
have  been  withheld.  Can  such  an  instance  be  quoted  in  Colonial  his- 
tory? No,  sir ;  and  therefore  it  is  that  I  seek  for  change ;  that  I  desire 
a  more  responsible  system.  I  acquit  the  maternal  government ;  I  acquit 
the  people  of  England  of  any  wish  to  deny  to  us  the  advantage  of  prin- 
ciples of  which  they  have  proved  the  value.  There  is  something  too  fair 
and  noble  in  the  structure  of  the  Briton's  mind,  to  permit  him  to  deny 
to  otliers  the  blessings  and  the  forms  of  freedom  ;  and  particularly  to 
those  who  speak  his  language,  and  have  sprung  directly  from  his  loins. 
Why  should  Britons  on  tliis  side  of  the  Atlantic  be  denied  those  checks 
and  guards  which  are  considered  so  essential  at  home  ?  There  they 
have  indeed  a  Constitution  practically  u-;eful.  lean  participate  in  the 
glowing  picture  which  the  learned  member  from  Cumberland  drew  ;  I 
can  survey  with  delight  tlie  spectacle  which  England  presents  to  the 
world.  That  great  country  is  free  ;  but  here,  the  blessings  she  enjoys  do 
not  exist.  I  trust,  therefore,  that  this  proposition  for  an  elective  Coun- 
cil will  not  be  considered  so  rash  and  heedless  a  one  as  some  gentlemen 
are  disposed  to  imagine.  The  measure  is  one  that  I  believe  will  be  sat- 
isfactory to  the  peop'.  ;  and  can  there  be  any  danger  in  its  adoption  ? 
Shall  we  be  more  closely  united  to  the  mother  country  if  these  twelve 
men  are  selected  by  the  Colonial  Secretary,  or  somebody  for  him,  than  if 
they  arc  chosen  by  ourselves  ? 

If  It  be  said  that  this  is  too  important  a  change  to  adopt  on  the 
recommendation  of  an  individual,  I  will  read  to  you  the  deliberate 
opinions  of  the  present  Master  of  the  Rolls,  and  whose  sentiments  on  this 
subject,  from  his  talents  and  high  standing,  are  entitled  to  respect.  In  a 
debate  which  arose  in  a  former  Assembly,  Mr.  Fairbanks  observed, 
"That  on  all  hands  the  composition  of  the  Council  was  acknowledged  to 
be  defective  ;  rejecting  the  principle  of  election,  it  would,  perhaps,  be  easy 
to  make  additions ;  but  would  it  be  easy  to  make  such  as  would  please 
rhe  people?  A  new  Governor  would,  perhaps,  come  here,  and  before  he 
has  had  time  to  acquaint  himself  with  the  situation,  and  the  leading  men 
11* 


m 

Hf:'-!  "'; 

1  ' 

1  ; 

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126 


TWELVE    RESOLUTIONS. 


M :  !i 


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if 


11 


.1  ■.){ 


of  the  country,  two  or  three  persons  who  chanced  to  get  into  his  confi- 
dence wouhl  make  all  the  new  appointments  ;  was  it  to  be  supposed  the 
people  would  not  make  belter  selections  themselves  ?  If  they  tould  trace 
the  secret  liistory  of  all  the  appointments  that  had  l)een  made  for  years, 
they  would  not  hesitate  to  change  the  mode.  The  learned  Solicitor 
General  went  on  to  exjdain  how  he  tiiought,  if  the  j)rinciple  of  election 
was  not  introduced,  some  advantage  migiit  be  gained  by  having  a  m-im- 
ber  of  the  Council  to  act  as  member  of  each  county,  whether  chosen  from 
it  or  not.  If  so  designated,  atid  if  it  were  understood  that  they  were 
expected  to  watch  over  the  interests  of  i)articular  districts,  as  members 
of  the  Assembly  now  do,  there  would  b«,*  a  bond  of  union  between  them 
and  the  people  they  were  chosen  to  re])resent,  and  much  of  the  narrow 
and  metropolitan  character  of  the  present  Council  would  be  removed. 
lie  dilfered  entirely  from  the  learned  member  from  Cumberland  about 
the  propriety  of  allowing  either  the  Chief  Justice  or  the  i\Iaster 
of  tlie  KoUs  to  remain  in  either  Council.  His  studies  had  taught 
him  that  the  exercise  either  of  legislative  or  executive  powers  was 
incompatible  with  the  due  administration  of  justice.  The  energies  and 
the  intellect  of  this  country  had  grown  beyond  the  feelings  and  interests, 
and  ])rejudices  of  the  pi'esent  Council.  lie  was  afraid,  however,  that 
merely  a>king  for  an  addition  of  six,  to  be  chosen  as  they  were  at  pres- 
ent, would  be  nothing  at  all.  lie  wished,  that  while  they  were  about  it, 
they  should  really  effect  a  reform,  and  not  merely  an  unimportant  alter- 
ation ;  "  and  on  a  subsequent  day  he  remarked,  '» That  to  tell  him  the 
principle  of  election  was  at  variance  with  the  Constitution,  was  to  tell 
him  what  reading,  and  reflection,  and  experience  dis])roved.  Tlie  Con- 
stitution was  founded  ujion  this  graiul  jjrinciple,  that  every  thing  must 
conduce  to  th(>  good  of  the  people."  These  arc  the  opinions  of  a  man 
who  held  a  crown  otfice  at  the  lime. 

In  conclusion,  I  beg  gentlemen  to  look  around  all  the  Colonies,  and 
ask  themselves,  have  these  selected  Councils  conduced  to  the  jiublic 
good  ?  Turn  to  the  resolutions  you  have  passed  to-day  tor  proof  of  their 
o[)eration  here.  I  regret  that  upon  this  question  I  shall  have  to 
encounter  the  oi)position  of  some  tiiat  1  would  fain  have  carried  with  me 
in  this  measure.  As  we  have  stood  together  on  other  questions,  1  shall 
be  sorry  if  we  jtart  on  this.  They  will  bear  in  mind  that  I  am  not  con- 
tending for  an  ultra  and  uncontrolled  exercise  of  the  elective  print  iple  ; 
I  seek  only  sucii  a  iiiir  infusion  of  it  as  will  preserve  a  constitutional 
balance  of  power.  Insinuations  have  been  thrown  out  about  a  delega- 
tion to  England.  As  I  said  on  a  former  day,  I  say  again,  that  this  is  an 
extreme  step  which  I  do  not  contemplate  ;  one  oidy  to  be  taken  as  a  last 


St 


I 


COUNCIL  S   MESSAGE. 


127 


resort.  Those  wlio  know  me  but  i!ni)eriVctly  may  assert  and  insinuate 
that  I  am  anxious  to  stir  up  strife  ;  that  I  have  ulterior  views  tliat  do 
not  now  appear.  I  hope  to  live  down  such  aspersions.  Sir,  wlien  1  go 
to  Enghmd,  when  I  realize  that  dream  ot"  my  youth,  if  I  can  help  it, 
it  shall  not  be  with  a  budget  of  grievances  in  my  hand.  I  shall  go  to 
survey  the  home  of  my  fathers  with  the  veneration  it  is  calculated  to 
inspire;  to  tread  on  those  spots  which  the  study  of  her  history  has  made 
classic  ground  to  me  ;  where  llami)dcn  and  vSydney  struggled  for  the 
freedom  she  enjoys  ;  where  her  orators  and  statesmen  have  thundered  in 
defence  of  the  liberties  of  mankind.  And  I  trust  in  God  that  when  that 
day  comes,  I  shall  not  be  compelled  to  look  back  with  sorrow  and  degrada- 
tion to  the  country  I  have  left  behind  ;  that  I  shall  not  be  forced  to  contess, 
that  though  here  the  Uritish  name  exists,  and  her  language  is  preserved, 
we  have  but  a  mockery  of  IJritish  institutions  ;  that  when  I  clasp  the 
hand  of  an  Englishman  on  the  shores  of  my  fatherland,  he  shall  not  thrill 
with  the  conviction  that  his  descendant  is  little  better  than  a  slave. 

With  some  inoclifieation^',  Mr.  Howe's  twelve  resolutions 
were  passed,  the  most  of  them  by  handsome  majorities;  and 
on  the  4th  of  March  he  moved  for  a  committee  to  throw  tiiem 
into  the  form  of  an  address  to  the  crown. 

On  the  7th  of  March,  a  message  was  received  which  created 
no  little  alarm.     It  is  Avtn-th  preserving  :  — 

III  Council,  1th  March,  1837. 

His  ]Mujesty's  Council  perceive  by  the  Journals  of  the  IIou»e  of  As- 
sembly, which  the  Council  have  this  day  received,  that  the  House  have 
passed  several  resolutions,  conveying  accusations  against  His  Majesty's 
Council,  and  among  others,  one  declaring  some  of  the  '"  Jfe/nlcrs  of  His 
Majesti/s  Council  hare  evinced  a  disposition  to  protect  their  own  intei'csts 
and  cniohnnents  at  the  expense  of  the  pi(blic.'' 

His  Majesty's  Council  admit,  that  it  is  not  only  the  right,  but  the  duty, 
of  tlu!  House  of  Assembly  to  jjropose  any  alteration  in  the  institutions 
of  the  country  which  they  think  would  prove  beneficial  to  the  people; 
but  they  cannot  admit  the  House  of  Assembly  have  any  right  to  pro- 
nounce the  ^lembers  of  the  Council  to  be  guilty  of  acting  from  corrupt 
motives;  and  if  they  have  evinced  a  disjHjsition  to  protect  their  own 
interests  and  emoluments  at  the  expense  of  the  public,  their  motives 
must  be  corrupt. 

That  decorum  which  ivgulates  the  intercourse  of  society,  could  not 
long  be  presei-ved  in  private  life,  if  in  the  transactions  of  the  Legislature, 


i  'i, 


i 


'i 


if\ 


m 


128 


council's  message. 


:|    i 


■I        ■! 


.  ,1 


ut 


where  a  more  ceremonious  observance  of  it  oiiglit  to  prevail,  one  branch 
sihonld  be  permitted  to  commit  so  great  a  violation  of  it  upon  the  other, 
without  expostulation  or  resistance. 

His  ^lajfc'sty's  Council  trust  that  the  House  of  Assembly  will,  upon 
further  consideration,  perceive  that  a  resolution  containing  such  accusa- 
tion against  a  coordinate  branch  of  the  Legislature  is  inconsistent  with 
these  rules  of  decorum. 

His  Majesty's  Council  would  deeply  deplore  the  evils  the  country 
would  sustain  from  an  interruption  of  the  public  business ;  they  trust 
that  the  House  of  Assembly  would  ccpially  deprecate  such  an  event; 
and  they  therefore  earnestly  hope,  that  the  House  will  feel  the  propriety 
of  i-escinding  this  resolution,  as  His  Majesty's  Council  feel,  that  if  they 
were  to  continue  to  hold  communication  with  the  House,  while  that  ref- 
olution  remains  unrescinded,  they  would  justly  forfeit  their  self-respect, 
as  well  as  the  respect  and  confidence  of  the  public. 

It  therefore  now  remains  with  the  House  of  Assembly  to  prevent  any 
interruption  of  the  public  business ;  and  the  Council  repeat  their  earnest 
hope,  that  the  House  of  Assembly  by  an  act  of  justice  will  enable  the 
Council  to  cooperate  honorably  with  the  House  of  Assembly  in  carry- 
ing forward  the  business  of  the  session,  and  bringing  it  to  an  harmo- 
nious and  happy  issue,  with  all  possible  benefit  to  the  people  and  to  the 
Province. 

Jiesoh'ed  iimmimousli/,  That  the  foregoing  message  be  sent  to  the 
House  of  Assembly. 

It  was  apparent,  from  this  message,  that  the  Council  had 
made  np  their  minds  to  maintain  the  old  Constitution  at  any 
price,  and  to  sacrifice  the  revenues  of  tiie  country  as  they  had 
done  in  1830,  rather  than  not  bear  down  and  crush  the  daring 
individual  by  whom  their  prestige  and  privileges  had  been  so 
rudely  assailed.  What  is  to  be  done  ?  was  the  question  that 
every  man  asked  his  neighbor.  If  a  collision  took  place 
between  the  two  branches,  the  revenue  laws  would  expire  and 
the  revenue  be  lost.  Collision  was  inevitable,  if  the  obnoxious 
resolution  was  adhered  to  ;  and  to  admit  that  it  was  inaccurate 
or  unjust,  upon  compulsion,  was  to  yield  the  right  of  the  House 
to  convey  to  the  foot  of  the  throne  any  statement  or  opinion 
at  which  the  Executive  chose  to  take  offence.  The  position 
that  Mr.  Howe  occujiied  at  this  moment  few  public  men  would 
have  envied.     His  friends  trembled  for  him,  and  his  enemies 


i 


11' 


w    - 


fil. 


«  !:;' 


COUNCIL'S    MKSSAOE. 


129 


triumphed  in  antici[)iition  of  a  spcftly  and  iiifj^lorious  1(>niiina- 
i'lon  of  his  political  career.  Nobody  knew  what  he  would  or 
couhl  do;  and  I  renienil)er  distinctly  the  forenoon  on  which  tho 
Council's  message  was  to  conic  up  for  consideration,  and  tlu; 
anxious  faces  wiiich  lined  the  henches  and  thronged  the  lol^hies 
of  the  House.  Late  in  tho  day  Mr.  llowe  entered,  with  a  face 
as  cheerful  and  a  step  as  buoyant  as  if  he  was  going  to  a 
wedding.  II(?  threw  back  his  coat,  addressed  the  chair,  and  in 
a  few  nionients  the  public  mind  was  relieved,  and  everybody 
felt  that  the  crisis  was  over.  He  had  anticipated  the  action  of 
the  Council  and  was  prepared  for  it.  The  revenue  should  not 
bp  lost.  The  resolutions  had  done  their  work.  They  had 
tested  the  opinions  of  the  House.  They  had  gone,  with  the 
debates  upon  them,  to  tho  country.  They  would  go  to 
England  ;  and,  even  if  rescinded,  the  very  coercion  under  which 
the  act  was  done,  would  illustrate  the  overweening  j)ower  of 
the  upper  ])ranch,  and  the  defective  constitution  of  the  country. 
He  would  not  rescind  the  singh*  resolution  complained  of,  or 
admit  that  the  charge  it  preferred  was  unfounded.  He  wovdd 
mov(^  to  rescind  the  whole,  and  then  ask  for  a  committee  to 
prci)are  an  address  to  the  Crown  upon  the  state  of  the  Province. 
"What  that  address  would  contain  was  matter  for  aft(>r  con- 
sideration, when  the  revenue  bills  had  been  passed.  The 
resolutions  were  rescinded ;  the  revemie  bills  secured ;  and 
within  a  few  days  of  the  close  of  the  session  an  address  was 
reported  and  passed,  which  embodied  all  the  resolutions,  and 
elicited  those  very  important  dispatc;hes  from  Lord  CTlenelg 
which  were  laid  on  the  table  of  the  House  at  the  next  session. 
The  dexterous  manner  in  which  this  blow  was  parried,  and 
the  Council  beaten  with  their  own  weapons,  raised  the  reputation 
of  Mr.  Howe.  Friends  who  had  hitherto  only  given  him  credit 
for  boldness  and  tluency  in  debate,  thenceforw^ard  relied  with 
great  confidence  upon  his  skill  and  prudence.  We  give  the 
opening  speech  delivered  on  this  occasion  :  — 

Mr.  Ilowe  rose  and  adilresscd  the  chair.  lie  felt  that  they  had  now 
arrived  at  a  point  which  he  had  to  a  certain  extent  anticipated,  from  the 
moment  lie  i?at  down  to  prepare  the  resolutions.  IIo  had  presumed, 
judging  from  what  had  occurred  in  times  past,  that  by  tlie  time  those 


I. 


I.M 


:\l'] 


Jftt; 


"ill 


'■    ;!l 


130 


COUNCIL  8  MESSAGE. 


li  I 


■u 


I'll 


resolutions  aiul  tlie  dtbatos  upon  thorn  liiul  gone  jibroad,  .some  such  mes- 
sage :is  that  wliieli  had  just  been  read  wouhl  be  jjresented  at  the  bar. 
Whether  any  portion  of  the  resohitions,  or  the  indignant  expressions  of 
members  again-^l  the  oorruption  of  tlie  local  government,  would  be 
seized  upon  as  the  subject,  he  could  not  of  course  divine ;  but  the  posi- 
tion in  which  they  were  n(»w  placed  did  not  take  him  at  all  by  s'.irprise. 
In  l^ngland  the  rights  and  powers  of  the  diflferent  branches  of  the  gov- 
ernment were  so  beautifully  balanced,  and  the  control  of  the  poj)ular 
branch  was  so  suprenje  over  all  the  others,  that  the  Commons  could 
atlbrd  to  he  respectfid,  and  as  no  such  dangerous  combinatit)n  of  powers 
existed  in  the  Lords,  they  naturally  chastened  the  language  in  which 
the  character  and  acts  of  that  body  were  spoken  of  in  the  lower  House ; 
and  the  consequence  was  that  such  collisions  as  these,  arising  out  of  mere 
exjjressions,  rarely  if  ev(>r  occurred.  Here  the  case  was  different;  —  of 
such  a  body  us  our  second  branch,  it  was  diflicult  to  speak  in  terms  that 
would  not  be  offensive ;  and  the  Commons,  in  endeavoring  to  represent 
to  the  crown  the  reasons  which  rendered  a  reform  of  the  Council  indis- 
pensable, were  compelled,  in  order  to  state  the  truth,  to  depart  from  the 
measui'cd  tone  of  parliamentary  language.  But  it  was  of  little  conse- 
quence ujion  what  point  His  IMajesty's  Council  had  seized,  he  had  felt 
assured  they  would  not  lose  an  opportunity  of  again  exercising  the  coer- 
cive power  they  possessed  over  the  Assembly,  nor  of  embarrassing,  if 
possible,  the  onward  march  of  reform.  On  a  former  occasion  they  had 
thought  proper  to  take  otlenee  at  a  humorous  speech  made  by  Mr.  Hali- 
burton,  in  which  he  compared  them  to  twelve  old  ladies,  and  by  the 
power  tliey  possessed  over  the  revenue  and  supplies,  had  compelled 
the  House  to  bring  him  to  the  bar  for  censure.  On  that  occasion  the 
House  was  forced  to  do  an  act,  which  the  learned  member  from  Cumber- 
land declared  the  other  day  he  would  cut  his  hand  off  rather  than  do 
again.  IJearing  this  in  mind,  and  well  knowing  that  there  were  many 
points  in  these  resolutions  which  would  touch  them  home  —  that  they 
did  not  like  the  spirit  of" reform  that  was  abroad  —  that  the  language  of 
the  debates  would  startle  and  annoy  them,  he  anticipated  some  such 
ste|),  though  of  course  he  could  not  calculate  on  the  manner  or  the  time. 
Tiieir  power  to  coerce  the  House  into  almost  any  thing  was  undoubted. 
In  England,  the  Connnons  could  influence  the  other  branches,  from  the 
power  it  possessed  over  the  revenue  and  supplies.  Here  the  Council 
could  and  did  often  coerce  the  other  two ;  nearly  all  our  salaries  being 
provided  for  by  permanent  acts,  and  the  only  services  that  could  suffer 
being  those  upon  which  the  people  themselves  relied.  It  was  the  deep 
conviction  of  this  fact  that  had  made  hira  so  anxious  to  press   the 


^s;|*l 


council's  message. 


131 


real  -state  of  the  colony  on  the  government  at  home ;  that  they  should, 
wliile  askinj;  for  changes,  state  the  reasons  which  rendered  them  neces- 
sary. Sir,  those  reasons  have  gone  forth  in  tlu^  resolutions  and  discus- 
sions of  this  Assemhly ;  and  if  I  can  trust  the  opinions  expressed  in  the 
interior,  they  have  found  an  echo  from  one  end  of  the  I'rovlnce  to  the 
other.  But  now  that  we  have  staled  tacts  which  our  records  pi-ove, 
Avhicli  the  country  sanctions,  which  a  majority  of  this  Assemhly  heli<>ve, 
now  that  we  have  expressed  a  detennination  to  explain  to  the  Sovereign 
the  real  character  of  tlu^  ahuses  imder  which  we  lahor,  Tlis  Majesty's 
Council  turn  round  and  tell  us,  you  shall  do  no  such  thing,  or  if  you 
do,  we  will  do  no  business,  the  revenue  shall  go  down,  and  the  roads, 
bridges,  and  other  essential  services,  be  left  without  any  provision.  The 
loss  of  £  10,000  is  to  be  the  penalty  for  telling  our  king  the  truth.  Can 
any  man  doubt  their  power  or  their  inclination  to  protect  themselves  at 
this  cost  to  the  country?  "Whatever  others  may  think,  I  believe  them 
mad  enough  to  do  any  thing,  to  keep  up  the  system  which  they  feel  is 
tumbling  about  their  ears.  For  a  ludicrous  speech  they  would  have 
sacrificed  the  revenue,  and  plunged  the  country  into  confusion.  On  that 
occasion  the  House  succumbed.  IJut  at  a  sulisequent  period,  when  they 
made  a  daring  attempt  upon  the  most  sacred  privilege  of  the  Commons 
—  the  right  to  regulate  the  supplies  —  the  House  resisted ;  and  you  know 
■well,  sir,  what  was  the  consequence.  They  persisted,  though  every  prin- 
ciple of  parliamentary  usage  and  common  sense  was  against  them  ;  some; 
£40,000  were  sacrificed,  and  when  the  new  House  met  they  found  an 
empty  treasury.  I  regret  that  it  did  not  then  follow  up  the  attack  which 
we  are  conducting  now ;  but  it  sunk  back  into  the  same  state  of  passive 
obedience,  and  the  consequence  is  that  you  are  now  as  much  at  the 
Council's  mercy  as  you  were  then. 

With  a  knowledge  of  t'.  ese  facts,  being  aware  that  whether  you  made 
attacks  upon  them,  or  they  upon  you,  they  could  insult  and  coerce  this 
House  whenever  they  pleased,  I  was  quite  prepared  for  this  demonstra- 
tion of  their  disposition  and  their  power.  The  question  is  now,  whether 
you  will  comply  with  the  Council's  demand,  or  lose  thirty  or  forty  thousand 
I)ounds  together  with  all  your  appropriations.  It  will  be  remembered  that 
we  have  already  stated,  in  one  of  our  resolutions,  the  powerless  condition 
of  this  Assembly  ;  we  now  give  to  the  country  a  practical  illustration.  I 
have  said  throughout  this  debate,  that  while  pressing  reformation  by 
every  means  in  my  power,  I  was  determined  to  preserve  the  revenues 
of  the  country.  I  say  so  still ;  —  I  will  not  sacrifice  them  to  gratify  His 
Majesty's  Council.  IJut  it  may  be  said,  what  is  to  be  done  ?  And  I 
answer,  sacrifice  neither  the  revenue  nor  the  cause  of  reform.     In  deal- 


Pi 


k 


m 


i    :m 


132 


council's  message. 


ingwith  nn  enemy  ulio  is  (lisimsoJ  to  take  us  sit  (lisadvnntago,  liko  politic 
soldiers,  let  lis  light  Avitli  his  own  weapons.  Karly  in  the  session  wo 
8eiit  a  ri'spccd'iil  rcnioristrance  to  the  Conneil,  on  a  suhji'ct  deeply  inter- 
esting to  our  eonslitueiits ;  an  answer  was  returned,  which  I  believe  all 
felt  to  he  an  insult,  hut  we  had  no  means  of  redress.  They  then  denied 
our  right  to  advise  them ;  they  now  forbid  ns  to  advise  lh(>  sovereign, 
to  tell  him  what  a  large  majority  of  this  House  believe.  T  shall  advise 
the  IIous(!  to  no  coursi!  which  shall  impeach  the  truth  or  justice  of  these 
resolutions;  but  I  will  remove  the  dillicnlty  in  j)oint  of  form,  in  order  to 
save  our  reveiuie.  The  country  will  understand  at  a  glance  the  position 
in  which  we  are  placed  and  the  motives  by  which  wo  are  actuated,  a;;»l 
I  wish  the  Conneil  joy  of  the  triumph  they  are  likely  to  obtain. 
Whether  we  advance  or  recede  for  a  moment  is  of  little  consequence ; 
the  people  all  have  eonfidenee  in  those  who  are  struggling  for  their 
rights,  and  aj)preciat(;  their  motives.  I  have  no  fears  that  even  if  we 
were  to  take  the  extreme  steps  now  sought  to  be  forced  upon  us,  we 
should  be  sustained ;  >vhen,  on  a  former  day,  you,  sir,  stood  forward  to 
resist  the  encroachments  of  that  body,  they  had  you  at  great  disadvan- 
tage;—  the  people  were  comparatively  ignorant ;  —  thej'(!  was  no  organ- 
ized public  opinion  in  the  country ;  but  now,  thanks  to  the  press  which 
some  gentlemen  abuse,  the  i)eople  are  keenly  alive  to  the  doings  in  the 
capitol ;  and  I  believe  that  if  we  were  disposed  to  send  back  an  indig- 
nant rejection  of  the  message,  and  a  dissolution  followed,  there  is  not  a 
man  of  the  majority  that  would  not  be  returned.  IMy  own  constituents 
I  know  would  suj)port  me ;  and  therefore  in  taking  the  ste[)  I  propose,  it 
cannot  be  supposed  that  we  are  influenced  by  any  consideration  but  a 
desire  to  i)rotect  the  interests  of  the  Province. 

The  Council  ask  us  to  rescind  a  particular  resolution ;  I  am  prepai'ed 
to  give  more  than  they  ask,  and  to  rescind  them  all.  This  done,  they 
cannot  refuse  to  do  business,  and  the  revenue  is  secured.  l>ut  I  shall 
follow  up  that  motion  by  another,  for  the  appointment  of  a  committee  to 
draw  u[)  an  address  to  the  crown  on  the  state  of  the  Colony.  As  re- 
spects the  resolutions,  they  have  done  their  work  ;  they  have  elicited  the 
opinions  of  this  House,  and  thereby  told  some  wholesome  truths  to  the 
Governor,  the  people,  and  the  Council  themselves.  They  will  go  home 
to  the  colonial  olfice,  and  their  language  cannot  be  mistaken.  All  the 
threats  of  His  IMajesty's  Council  cannot  destroy  their  effect.  The  form 
which  rescinds  them  u[)on  our  Journals  is  of  little  eonscfpience,  forced 
upon  us  as  it  is  in  the  threatened  destruction  of  the  revenue,  by  the 
very  body  they  are  directed  against.  In  advising  this  course,  I  am  pre- 
pared to  take  my  own  share  of  responsibility;  —  I  wish  T  could  take  it 


ENGLISH   PAIlTirS. 


133 


nil.  T  will  not  wliilf  ^cfkiiii^  a  preaf  pjooil,  permit  ITis  I\rMJ(^>ty's  Coun- 
cil to  do  a  great  evil ;  nor  allow  tlicni  by  an  infliction  on  tlif  comitry,  to 
throw  (lisci'fdit  on  tlic  can-c  of  rd'orin.  I  will  not  apologi/c  nor  with- 
draw ono,  Imt  will,  if  a  majority  arc  so  disposed,  rescind  the  whole. 
The  whole  tnatler  will  then  he  intellijrilile  to  the  Governor  and  the  conn- 
try,  lliil  T  will  not  stop  hen'.  It  is  not  for  me  to  say  when  a  commit- 
tee is  appointed  what  the  address  shall  cf)ntain  ;  hnt  I  presnme  that  hav- 
ing these  rcsolntions  heibre  them,  an<l  knowing  what  a  majority  of  thi.'4 
Assembly  think  and  feed,  they  will  do  their  duty,  and  prepare  such  a 
document  as  will  attain  tin;  objects  for  which  wo  have  l)een  contcMKlinjr, 
and  which  the  peopl(>  have  so  much  at  heart.  Tn  Enirland,  if  difTer- 
enoes  arise  between  the  two  branches,  the  crown  stands  as  arbiter  lietwcen 
them;  here,  even  if  the  Governor  were  disposed  to  side  with  the  Com- 
mons, to  prorogue  for  a  week  in  order  to  obviat<'  diiricidties,  he  lik(^  our- 
selves is  coerced  by  the  upper  branch  who  arc  his  advisers,  and  thus,  as 
an  Executive  Council,  they  can  cover  and  support  their  own  folly  as  a 
legislative  Assend)ly.  IMr.  Howe  concluded  by  moving  the  following 
resolution,  which  he  believed  was  the  only  one  that  would  save  the  rev- 
enue, turn  the  tables  on  the  body  that  had  assailed  them,  and  effectually 
serve  the  cause  of  ri'form  :  — 

J!eso!ir(f,  That  the  standing  order  of  this  House  which  requires 
previous  notice  of  rescinding  resolutions,  be;  temporarily  suspended  ;  and 
that  the  several  resolutions  passed  by  this  IIousi;  on  the  27th  and  28th 
February,  and  the  2d  and  ."d  ^lareh,  relative  to  the  Constitution  of  this 
Colony,  the  distribution  of  patronage,  the  strnctun;  of  Ili.s  Majesty's 
Council,  and  the  disposition  evinced  by  some  of  the  members  of  that 
bo;u'd  to  protect  their  own  interests  and  emoluments  at  the  expense  of 
the  public,  and  ibr  preparing  an  address  thereon,  be,  and  the  same  are 
hereby  rescinded. 

Wc  take  from  tlic  debates  of  this  session  a  speech  in  reply 
to  Mr.  Wilkins,  who  was  one  of  Mr.  Howe's  earUest  assailants. 
During  the  long  period  which  elapsed  between  their  first  en- 
countiu's  and  their  honorable  alliance  in  support  of  the  railway 
policy  of  1S54,  there  were,  between  these  gentlemen,  many 
keen  encounters  of  wits  and  matily  passages  at  arms :  — 

I\Ii'.  Howe  trusted  that  the  House  would  do  liim  the  justice  to  ac- 
knowledge that  if  the  debate  had  taken  a  wide  range  it  was  not  his  fault. 
He  had  no  wish  to  occupy  attention  Avith  extraneous'  matter,  not  directly 
bearing  on  the  bill  before  the  committee.     But,  in  his  place,  he  had  been 
12 


m 


M 


m 


i  i  11 


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1  i 

'i      1 
i 

K  1   I 

'i  1 

i    1 

1  [■ 

>    1 

.     .,  !, 

¥ 

I  i 


H  i  :■ 


134 


ENGLISH   PARTIKS. 


('li!ilIon;j;('d  to  cnnif  loiwunl  iiiul  liiid  any  faiiU  with  tlio  last  IIouso;  nml 
in  answer  lo  that  a|i|K'al  he  liad  lii-i-n  ('oinpcllfd  tct  touch  on  a  variety  of 
topics,  ridin  all  allusion  lo  which  at  this  time  he  would  willin;^dy  have  ro- 
Iraineil.  Thou^^h  he  claimed  none  of  the  honors,  nor  was  chat';;ealde  with 
any  of  the  sins,  of  the  writer  to  whom  learned  gentlemen  had  referred, 
lie  had  always  l»een  preparetl  to  express  his  own  views  of  public  allairs, 
in  i)ro,,cr  iime  and  M-asun,  and  to  defend  them;  but  .some  <^entlemen  had 
seemed  disposed  t(»  einliract!  in  this  discussion  every  thing  in  the  whole 
range  of  history  and  politics.  The  honorable  and  learned  gentleman 
I'rom  Windsor  had  I'ven  gone  into  a  dissertation  on  the  dillcreiit  political 
parlies  which  exist  in  the  mother  country,  with  a  view  to  draw  invidious 
contrasts  between  some  of  them  and  the  reformerd  in  this  House;  but 
ho  tliought  it  would  not  be  diflicult  to  make  that  gentleman  a  little 
ashamed  of  the  |>arty  lo  which  hi^  himself  might  be  said  to  belong,  by  a 
short  review  of  its  pcdilical  history;  —  a  i)arty  that,  saitl  3[r.  Howe,  has 
steatlily  and  selfi.>hly  opposed  all  those  great  and  glorious  improvements 
which  have  been  recently  carried,  and  which  have  made  our  mother 
country  prosperous  at  home  and  loved  and  respected  by  the  world. 
For  years  and  years  that  i»arty  upheld  the  slave  trade  ;  and  when  it  was 
proposed  to  abolish  slavery  in  tlui  IJrilish  (h)minions,  they  denouiuH'd  and 
opposed  the  act  which  was  to  strike  oil'  the  shackles  of  eight  hundred 
thousand  human  beings,  and  raise  them  to  the  rank  of  freemen.  And 
■when  a  wliole  nation  prayed  for  liberty  and  justice  — when  seven  miHions 
of  human  beings,  after  centuries  of  degradation  and  oppression,  asked, 
as  they  liad  a  right  to  ask,  for  an  etpial  ]iarticij)ation  in  the  blessings  of 
the  Constitution  and  the  laws,  they  were  opj)osed  year  aft<'r  year  by  that 
party,  who  never  yielded  their  inijust  monoj)oly  until  it  was  Avrested 
from  them  by  the  combined  eiforts  of  the  [)eople  they  wished  to  enslave. 
That  party,  too,  sir,  were  the  staunch  and  unblushing  defenders  of  the 
rotten  boroughs  of  England.  Lightly  as  we  may  estimate  a  seat  in  this 
Assembly,  what  would  we  think  of  those  who  desired  that  they  should 
be  bought  and  sold  like  cattle  in  the  market?  Yet,  this  was  done  in 
England,  and  the  practice  was  pertinaciously  defended  by  the  party  to 
which  the  learned  gentleman  i'rom  Windsor  is  so  anxious  to  belong. 
Then,  sir,  in  almost  every  town  in  the  three  kingdoms  there  exi.-ted  a 
rotten  cori)oration,  which  levied  taxes  at  their  pleasure,  spent  them  as 
they  pleased,  mismanaged  public  afl'airs,  and  preyed  on  their  2)cace  and 
their  industry;  but  th(3se  were  also  by  that  party  reverenced  and  upheld. 
These  rotten  boroughs  and  corporations  —  these  millions  of  serfs  and 
slaves,  were  regarded  l)y  the  learned  gentleman's  friends  as  the  outworks 
of  the  Constitution ;  they  prophesied  that  without  them  Great  Britain 


ENT.USII    PARTIES. 


135 


could  not  pxist ;  niid  tlicy  (Icnniiticcd  tlioM*  who  diircivil  with  flicni  in 
opinion  as  tlic  distiiihi'ivs  and  cm  inic-*  of  lh<'  coiuilry.  Ami,  sir,  I  am 
not  now  to  h>arn  that  thc>  mom  strikinir  fcaturiM  and  hn('am('nt>i  of  the 
great  partits  which  exist  at  home  an'  l<»  he  fmnid  in  all  tho  colonics.  In 
almost  every  Provinco  there  are  to  In-  foinid  two  parties,  actuated  hy 
antagonistic  principles.  On  tlie  one  side  we  lind  the  ;^roat  mas^  of  the 
peoi)le,  who  are  c(jiilendin,Lj  for  a  system  of  rational  and  economical  jrov- 
'•rnmcnt ;  and  on  the  f)ther  ji  sinall  and  impudent  minority,  who,  for 
selfi-h  ends,  and  purposes  of  personal  or  family  ajrjjrandi/einent,  are  de- 
sirous of  keepinj^  all  power  in  their  hands,  that  they  may  ilivide  among 
them  the  puhlic  resources.  And  is  it  Iiecausc  some  of  ns  in  this  IIouso 
have  calle(l  attention  to  the  operation  of  these  opposing  i)rinciples  lunl 
|)arties,  as  they  affect  oin*  own  Province,  that  we  are  to  he  characterized 
ns  heedless  innovators  —  as  disturhers  of  thepnhlic  peace  —  desirous  of 
promoting  irreligion,  disloyalty,  and  dissension  ?  It  has  heon  sai<l  that  I 
come  here  fancying  that  I  speak  the  voice  of  the  coimtry.  Sir,  I  am  not 
mad  enough  to  ])resume  so  far.  T  come  here  as  the  representative  of  one 
portion  of  the  people,  to  reason  and  deliherate  with  those  gentlemen 
who  represent  tin.'  rest.  "When  we  ask  that  all  religious  bodies  ^hall  be 
put  upon  a  fair  and  e<pial  footing,  when  we  show  that  one-fifth  of  the 
popidation  supplies  two-thirds  of  one  branch  of  the  Legislature,  beside;^ 
having  their  religious  representative  at  tin-  council  board,  and  that  the 
patronage  of  the  country  is  distributed  in  the  same  ])ro])ortion,  shall  wo 
be  told  that  these  things  an;  not  unjust  and  imi)roper?  that  they  are  not 
insulting  and  practically  injurious  to  the  great  body  of  the  people? 
Shall  it  be  said,  where  arc  the  proofs  of  injustice^  —  where  the  necessity 
for  change?  IMembers  of  His  IMajesty's  Cotmcil  make  laws,  administer 
them,  and  advise  their  execution ;  and  yet,  if  a  cimiplaint  is  uttered, 
there  must  bo  charges  of  radicalism  and  disatfection.  Besides  this 
strange  combination  of  powers,  the  seven  years  existence  of  the  Assem- 
blies gives  them  an  opportunity  of  corrupting  and  influencing  members  of 
the  popular  branch ;  and  it  is  because  the  bill  before  the  House  will 
remedy  that  evil,  by  giving  the  people  an  opportunity  to  dismiss  them 
•when  they  become  corrupt,  that  I  give  to  it  my  cordial  support.  As  re- 
spects the  Council  itself,  I  am  free  to  confess  that  the  studious  selection 
of  a  majority  of  its  members  from  one  class  of  the  people  is  a  grievous 
absurdity,  and  so  it  is  felt  by  gentlemen  all  around  the  House.  That 
they  are  all,  with  one  exception,  selected  from  this  town,  is  equally  un- 
just. Is  it  fair  that  the  business  of  the  wdiole  Province  should  be 
discussed  and  decided  by  twelve  gentlemen,  some  of  whom  have  rarely 
been  outside  the  town  ?    And  when  bills  abolishing  the  illegal  exaction 


I 


I  'I 


I 

i 
I 

; ! 


'    .   I 


I  ,1  ii  ' 


136 


HOUSE  OF  LORDS. 


I^lv 


-•^ll- 


>  i^U 


I  it 


:lS    ■;.'! 


'I  Irk 


of  one  thousand  pounds  per  annum,  taken  by  the  judges  in  the  shape  of 
fees,  are  year  after  year  "  burked  "  in  the  other  end  of  the  buihhng,  by  a 
body  over  which  presides  a  gentleman  hirgely  interested  in  that  exac- 
tion, is  it  unfair  to  attribute  to  him  some  agency  in  their  destruction,  or 
to  wish  that  lie  had  not  been  placed  in  a  situation  where  his  public  duty 
interferes  so  much  with  his  private  interests  ? 

I  have  thus  hastily  sketched,  sir,  the  leading  features  of  the  parties  to 
which  the  learned  gentleman  from  Windsor  and  myself  belong;  and  I 
have  endeavored,  so  far  as  my  recollection  serves  me,  to  answer  all  the 
arguments  he  has  adduced.  If  I  have  forgotten  any  of  them  I  am  ex- 
tremely sorry ;  but  perhaps,  by  this  time,  the  learned  gentleman  regrets 
that  he  had  not  forgotten  some  of  them  himself. 

On  the  30tli  day  of  jNIarch  the  Revenue  Bills  were  assented 
to  by  the  Lieutenant  Governor,  and  by  the  middle  of  April  the 
public  business  was  drawing  to  a  close.  All  danger  from  collision 
was  now  over,  and  on  the  13th  Mr.  Howe  rose  to  move  the 
address  to  the  crown  which  he  had  on  a  former  day  reported 
from  a  select  committee.  A  desultory  debate  followed  the  mo- 
tion, and  there  were  divisions  upon  almost  every  clause.  But 
men's  minds  wore  by  this  time  made  up,  and  the  pressure  of 
public  opinion  outside,  kept  those  within  who  might  have 
been  disposed  to  waver  (and  there  were  some),  steady.  The 
address  was  carried  through  the  Iloubc  nearly  word  for  word  as 
reported. 

We  talce  from  this  debate  a  short  speech,  in  which  IMr.  Howe 
compares  the  old  Council  of  Twelve  with  the  House  of  Lords, 
and  illustrates  the  extent  to  which  the  former  exercised  irre- 
sponsible power. 

Mr.  Howe  would  not  occupy  the  time  of  the  House  for  a  moment,  did 
he  not  feel  that  it  was  essential  for  the  people  to  understand  the  true 
bearing  of  some  of  the  points  which  l:<id  been  touched  on  in  this  discus- 
sion, lie  did  not  believe  that  there  could  be  any  very  wide  difference 
even  between  the  learned  gentlemen  opposite  and  himself,  if  they  thor- 
oughly understood  each  other ;  they  and  their  children,  equally  with 
himself  and  his,  were  deeply  concerned  in  the  good  government  of  the 
country.  The  learned  member  from  Windsor  had  referred  to  Sir  Rob- 
ert Peel's  speech  at  Glasgow,  to  prove  that  the  peers  were  only  respon- 
sible to  God  and  their  own  consciences ;  but  he  feared  that  in  this  world 


; .: £;■.    ; 


!\*    - 


M 


HOUSE  OF  L0RD9. 


137 


of  sin  and  sorrow,  it  would  not  always  do  to  leave  any  body  of  human 
beings  Avith  no  other  restraints.  It  was  quite  true  that,  standing  on  their 
hereditary  rights,  the  peers  were  not  directly  responsible  to  the  people 
of  England  ;  but  still  they  were  subjected  to  various  influences,  that  the 
people  had  the  power  to  direct  upon  them,  and  which  had  rarely  failed 
to  secure  any  measure  upon  wliich  they  had  set  their  minds.  The  min- 
istry was  created  by  the  people,  because  the  support  of  a  majority  of 
their  representatives  was  essential  to  its  existence  ;  and  the  moment  a 
cabinet  was  formed,  it  held  in  its  hands  the  patronage  of  the  whole  em- 
pire :  of  the  army,  the  navy,  India,  the  church,  the  colonies ;  so  that  this 
very  patronage  gave  to  the  government,  created  by  the  people,  the  means 
of  extended  inlluence  in  the  upper  branch.  The  bench  of  bishops,  which 
formed  a  part  of  it,  looked  out  for  richer  sees ;  and  many  a  noble 
Ijrd  consented  to  change  his  opinions,  in  order  to  secure  for  himself  or 
his  family  some  of  the  great  offices  in  the  minister's  gift.  Then  the  min- 
isters could  advise  the  crown  to  create  new  peers,  and  the  dread  of  new 
and  extensive  creations  always  had  its  elTect.  It  was  thus,  that  upon 
great  measures,  such  as  that  of  Catholic  emancipation,  the  obstinacy  of 
the  lords  was  gradually  sapped.  In  some  cases,  of  course,  the  lords 
yielded  to  decided  expressions  of  public  opinion,  but  when  they  did  not, 
the  people  had  the  power  of  ultimately  compelling  them  to  yield. 

The  power  to  swamp  the  peers  was  one  never  acted  upon.  [That, 
said  Mr.  Uniacke,  is  possessed  by  the  King.]  True  ;  but  tlie  King  in 
England  has  as  little  power  as  his  picture  has  in  our  council  chamber. 
He  does  what  the  ministry  advise,  and  the  ministry  are  the  creations  of 
the  people.  Now,  the  diffiirence  between  our  government  and  that  of 
England,  lay  in  this ;  that  while  there  the  cabinet,  created  by  the  people, 
had  all  these  means  of  influencing  the  upper  branch,  here,  the  upper 
branch  was  itself  the  ministry,  and  possessed  this  advantage  over  others, 
that  the  people  could  not  turn  them  out.'  But  the  learned  member  from 
Cape  Breton  says,  we  also  can  apply  to  our  sovereign  to  displace  them, 
or  make  additions.  There  is  tliis  distinction.  We  would  have  to  apply 
to  a  government  not  created  or  influenced  by  the  people  who  feel  the 
grievance ;  and  we  have  no  security  that  redress  will  be  obtained.  lie 
was  not  desirous  to  debate  these  matters  over  again.  lie  made  these 
observations  without  temper ;  indeed,  more  in  sorrow  than  in  anger,  to 
illustrate  the  defects  in  our  system,  and  because  he  felt  that  some  of  these 
distinctions  were  but  imperfectly  understood.  If  he  were  discussing  these 
points  with  the  Colonial  Secretary,  he  might  be  disposed  to  enlarge  on  the 
hardships  arising  out  of  the  system ;  but,  addressing  his  countrymen, 
who  were  all,  cfjually  with  himself,  deeply  interested  in  the  establishment 
12* 


■I  41 


'■vfJ 


r\\Y} 


138 


ADDRESS  TO  THE  KING. 


f 


o^  good  government,  lie  could  not  but  hope  that,  though  often  in  the  ar- 
dor of  debate  apparently  opposed,  they  would  yet  unite  in  endeavoring 
to  secure  a  rational  and  responsible  system. 

It  is  curious  to  look  back  and  see  how  far  the  Colonial  re- 
formers of  this  period  were  in  advance  of  the  department  to 
which  our  aflairs  were  intrusted,  and  of  the  great  majority  of 
the  members  of  both  Houses  of  Parliament  without  distinction 
of  party.  In  March,  1837,  the  whole  subject  of  Colonial  Gov- 
ernment came  up  in  the  House  of  Commons,  and  was  discussed 
Ten  resolutions  were  passed,  having  especial  refer- 


at  length. 

ence  to  the  affairs  of  Canada.     Among  them  we  find  this 

itive  denial  of  responsible  Government. 


posi- 


J?esoIred,  That  while  it  is  expedient  to  improve  the  composition  of 
the  Executive  Council  of  Lower  Canada,  it  is  unadvisable  to  subject  it 
to  the  responsibility  demanded  by  the  House  of  Assembly  of  that 
Province. 

But  fifty  members  of  the  House  of  Commons  could  be  in- 
duced to  vote  against  this  resolution.  The  receipt  of  it  here, 
in  the  midst  of  the  session  of  1837,  was  not  calculated  to 
strengthen  the  hands  of  the  reformers.  Mr.  Howe  referring  to 
these  proceedings  in  Parliament,  was  asked  across  the  floor  if 
he  wanted  an  Executive  Council  "  directly  responsible  to  the 
people  ?  "  His  answer  was,  "  Certainly."  If  the  only  responsi- 
bility that  learned  gentlemen  wanted,  or  the  Government  was 
prepared  to  concede,  was  the  old  story  of  responsibility  to  a 
Colonial  Secretary  three  thousand  miles  off,  with  an  appeal  to 
Parliament  once  in  twenty  years,  it  was  in  vain  to  talk  about  the 
matter.  If  this  were  the  beginning,  instead  of  the  end,  of  the 
session,  he  would  feel  it  his  duty  to  call  the  attention  of  the 
House  to  some  of  the  opinions  expressed  by  Lord  Stanley  and 
others,  in  this  debate,  for  they  were  such  as  ought  to  be  j)ro- 
tested  against  by  every  intelligent  Colonist.  If  such  doctrines 
were  to  be  acted  upon  forever,  if  there  was  to  be  in  the  Colo- 
nies nothing  but  a  mockery  of  the  British  Constitution,  he 
would  feel  disposed  to  quit  the  country  and  go  to  England ;  if 
liberty  and  responsibility  were  to  be  confined  to  the  British 


I 


14 


ADDRESS  TO   THE   KING. 


139 


Isles,  lie  would  go  and  live  where  they  were  enjoyed.  As  to 
the  objection  to  a  responsible  Executive  Council,  there  really 
was  nothing  in  it ;  there  was  not  one  measure  in  a  hundred 
proposed  in  the  Colonies  that  could  possibly  conflict  with  the 
interests  of  Britain,  and  when  they  did,  of  course  they  could 
only  be  responsible  within  the  limits  of  the  Imperial  Acts,  and 
the  Governor's  instructions. 

We  insert  the  address   as  finally  carried  through  the  House, 
and  sent  to  the  foot  of  the  throne. 


i' 

!  .1       . 

i           T 

'■          1 

t 

111 


'!  J 


TO  THE  KING'S  MOST  EXCP:LLENT  MAJESTY. 

The  humhh  J'hiress  of  the  House  of  Eepresentatlves  in  General  Assem- 
bly, for  the  Province  of  Nova  Scotia. 

May  it  plkase  Youu  Majesty:  — 

"We,  YuLir  Majesty's  dutiful  iuid  loyal  subjects,  the  rcpi'esentativcs  of 
Nova  Scotia,  while  approacliing  the  throne  to  ask  for  a  redress  of  griev- 
ances, tender  the  assurance  of  the  unabated  attachment  of  those  wc 
represent  to  Your  Majesty's  person  and  government.  Tlie  people  of 
Nova  Scotia,  when  any  thing  trenches  upon  their  rights,  or  retards  their 
prosperity,  turn  to  their  sovereign,  as  the  father  of  all  his  people, 
wherever  their  lots  may  be  east,  and  whose  affection  is  not  diminished 
by  distance,  nor  bounded  by  the  four  seas  of  Britain,  but  extends  to  the 
most  remote  limits  of  his  Empire  ;  rearing,  wherever  practicable,  insti- 
tutions favorable  to  freedom,  and  fostering  that  love  of  justice  —  that 
nice  sense  of  the  relative  duties  of  the  government  and  the  governed, 
wliich  distinguishes  the  parent  State.  Nor  is  their  confidence;  in  Y^iur 
Majesty  diminished  by  the  reflection  that  in  early  life  you  visited  Nova 
Scotia  ;  and,  in  maturer  years,  have  sanctioned  those  vast  reformatory 
changes  at  home,  which  embolden  them  to  seek  for  a  revision  of  their 
institutions,  and  the  introduction  of  those  checks  and  guards,  without 
which  they  feel  that  private  happiness  and  public  liberty  can  never  be 
secure. 

In  the  infancy  of  this  Colony  its  whole  government  was  necessarily 
vested  in  a  Governor  and  Council ;  and,  even  after  a  representative 
Assembly  was  granted,  the  practice  of  choosing  members  of  Council 
almost  exclusively  from  the  heads  of  departments,  and  persons  resident 
in  the  capital,  was  still  pursued ;  and,  with  a  single  exception,  has 
been  continued  for  the  last  thirty  years.  The  practical  effects  of  this 
system  have  been  in  the  highest  degree  injurious  to  the  best  interests  of 


I  ( 


i 

I 


I 


:tl 


140 


ADDRESS  TO  THE  KING. 


I 


•'f: 


the  country ;  inasmuch  as  one  entire  branch  of  the  Legislature  has  gen- 
erally been  composed  of  men,  ■\vho,  from  a  deficiency  of  local  knowledge, 
or  from  the  natural  bias  incident  to  their  official  stations,  were  not  quali- 
fied to  decide  upon  the  wants  or  just  claims  of  the  people  ;  by  which  the 
efforts  of  the  representative  branch  were,  in  many  instances,  neutralized, 
or  rendered  of  no  avail. 

Among  the  many  proofs  that  might  be  adduced  of  the  evils  arising 
from  the  imperfect  structure  of  the  upper  branch,  it  is  only  necessary  to 
refer  to  the  unsuccessful  efforts  of  the  Assembly  to  extend  to  the  out- 
ports  the  advantages  of  foreign  trade  ;  to  the  enormous  sums  which  it 
was  compelled,  after  a  long  struggle,  to  resign,  for  the  support  of  the 
Customs  establishment ;  to  the  diificulties  thrown  in  the  way  of  a  just 
and  liberal  system  of  education ;  and  to  the  recent  abortive  attempts  to 
abolish  the  unconstitutional  and  obnoxious  fees  taken  by  the  judges  of 
the  supreme  court. 

While  the  population  of  this  Province  is  composed,  as  appears  by  the 
last  census,  taken  in  1827,  of  twenty-eight  thousand  six  hundred  and 
fifty-nine  members  of  the  Episcopal  Church,  and  one  hundred  and 
fifteen  thousand  one  hundred  and  ninety-five  dissenters,  which  propor- 
tions may  be  assumed  as  fair  at  the  present  time,  the  appointments  to 
the  Council  have  secured  to  the  members  of  the  Church,  embracing  but 
one-fifth  of  the  population,  a  clear  and  decided  majority  at  the  board. 
They  have  now  in  that  body  nine  members.  The  Presbyterians,  who 
outnumber  them  by  about  nine  thousand,  have  but  two ;  the  Catholics, 
who  are  nearly  equal,  but  one ;  while  the  Baptists,  amounting  by  the 
census  of  the  same  year  to  nineteen  thousand  seven  hundred  and  ninety, 
and  the  Methodists  to  nine  thousand  four  hundred  and  ninety-eight,  and 
all  other  sects  and  denominations  are,  without  any  of  their  members  in 
a  body  whose  duty  it  is  to  legislate  for  all.  The  Catholic  bishop  has  no 
seat  at  the  council  board,  and  clergymen  of  that  and  other  denomi- 
nations are,  as  they  ought  to  be,  excluded  ;  yet  the  bishop  of  the  Epis- 
copal Church  has  been,  since  the  year  1809,  and  still  is,  a  member. 

Your  Majesty  will  readily  perceive,  that,  whether  designed  or  not, 
the  mere  circumstance  of  one  body  of  Christians  having  such  an  over- 
whelming influence  in  the  Legislative  and  Executive  Council  has  a 
tendency  to  excite  a  suspicion  that,  in  the  distribution  of  patronage,  the 
fair  claims  of  the  dissenting  population,  founded  upon  their  numbers, 
respectability,  and  intelligence,  are  frequently  overlooked.  This  is  not 
the  only  objection  urged  by  the  people  of  Nova  Scotia  against  the  com- 
position of  the  Council,  and  to  which  it  is  our  duty  to  call  your  Majesty's 
attention.    Two  family  connections  comprehend  five  of  its  members,  and, 


I 


i-i 


i.DDRES9   TO  THE  KING. 


Ul 


until  very  recently,  when  two  of  tln'in  retired  from  the  firm,  five  were 
copartners  in  one  banking  eslalilishment ;  to  lliis  latter  eirinnnstance  lias 
been  attributed  the  failure  of  the  elTorts  of  this  Assembly  to  fix  a  stand- 
ard of  value,  and  establish  a  legal  eurrency. 

The  i)eople  of  this  Provinee  have  for  years  asserted,  and  still  most 
respectfully  assert,  their  right  to  control  and  distribute  the  casual  and 
territorial  revenues  of  the  country,  whether  arising  from  the  fees  of  ofiice, 
the  sale  of  lands,  or  the  royalty  paid  upon  the  produce  of  the  mines;  as 
also  the  amount  of  the  ol<l  crown  duties.  The  lauds  of  the  Province 
are  in  etTect  mortgaged  to  pay  to  the  commissioner  a  salary  out  of  all 
proportion  to  the  duties  he  is  called  on  to  perform.  Since  iiis  appoint- 
ment in  1831,  £o,G2-i  8s.  Wd.  have  been  received  on  account  of  one 
hundred  and  seven  thousand  nine  hundred  and  twenty-three  acres  of  land 
sold  ;  and  the  whole  amount,  except  ,£21G  8s.,  has  been  taken  to  pay  the 
commissioner  and  defray  the  expenses  of  the  department  ;  while  all  the 
mines  and  minerals  of  the  Province  are  held  under  a  lease  for  sixty 
years  by  a  wealthy  English  company,  without  the  consent  of,  and  inde- 
pendent of  all  control  by,  the  representatives  of  the  peo[)le. 

Apart  from  the  mere  question  of  judges'  i^cc?,  this  Assembly  is  con- 
vinced that  the  presence  of  the  Chief  Justice  at  the  council  board  has  a 
tendency  to  lessen  the  respect  which  the  people  ought  to  feel  ibr  the 
courts  over  which  he  presides  ;  while  the  [)Osition  occupied  there  by  the 
collectors  of  customs  and  excise  is  also  unwise. 

Though  this  Assembly  might  illustrate  the  evils  arising  from  the  struc- 
ture of  the  Council  by  other  examides,  sad  exp(,'rience  has  taught  them 
that  it  is  not  always  safe  to  attemjjt  to  convey  to  the  foot  of  the  throne 
representations  that  are  disagreeable  to  its  members.  A  year's  revenue 
and  all  the  appropriations  were  sacrificed  in  a  protracted  struggle  with 
the  upper  branch  in  1830  ;  and,  during  the  present  session,  the  Assem- 
bly found  itself  compelled,  by  a  regard  to  the  public  interest,  to  rescind 
a  series  of  resolutions  passed  after  grave  deliljt;ration,  and  comprehend- 
ing many  of  the  topics  touched  on  in  this  address.  The  evils  arising 
from  the  structure  of  the  Council  are  heightened  and  rendered  more 
injurious  by  the  p"actice  adhered  to  by  that  body,  of  shutting  out  the 
people  from  their  deliberations.  This  practice  they  still  maintain, 
although  it  is  opposed  to  that  of  the  House  of  Lords  in  England,  that 
of  the  Legislative  Councils  of  Lower  Canada,  New  lirunswick,  and 
Newfoundland,  and  notwithstanding  the  murmurs  and  complaints  of  the 
peo[)le,  for  a  long  series  of  years,  and  the  represcLtations  and  remon- 
strances of  this  Assembly. 

While  this  House  has  a  due  reverence  for  British  institutions,  and  a 


i 


J! 


W0 

'  i 

.     i 
i 


.■  I 


■     (■ 


^t\ 


I 


mi'  1 


i^ 


.J' 

It-     !,| 


142 


ADDRESS    TO   THE   KING. 


■Ml'!: 


;ti'! 


tlc>jire  to  preserve  to  tliomsolvc.-;  and  their  cIiiKlrcn  tlio  advfintaj^oi?  of  the 
Constitution  uiiil(  r  which  thi-ir  brothivii  on  the  other  side  of  the  Atlan- 
tic liavo  enjdyed  so  nuieli  prosperity  and  liappiness,  tliey  cannot  bnt  feel 
that  those  they  represent  parlicij>ate  hnt  slightly  in  those  hl(^ssings.  They 
know  that  the  spirit  of  that  Constitution,  the  genius  of  those  institutions, 
is  conipl(>te  resi)onsibility  to  the  people,  liy  whoso  resources  and  for  whose 
Itenefit  they  are  maintained.  Diit  in  this  Colony,  the  people  and  their 
rejiresentatives  are  powerless,  exercising  upon  tlu^  local  governtnent  very 
little  influence,  and  possessing  no  elTectual  control.  In  England,  the 
people  by  one  vote  of  their  repres(M\tatives  can  change  the  ministry, 
and  alter  any  course  of  policy  injurious  to  thi'ir  interests  ;  here,  the 
ministry  ai'C  Your  INIajesty's  Council,  combining  legislative,  judicial,  and 
executive  powers ;  holding  their  seats  for  life,  though  nominally  at  the 
pleasure  of  the  crown ;  and  often  treating  with  indifTerence  the  wishes 
of  the  people  and  the  repres(.Mitations  of  the  Commons.  In  England, 
the  representative  branch  can  compel  a  redress  of  grievances  by  with- 
holding the  supplies ;  here,  they  have  no  such  remedy,  because  the  sala- 
ries of  nearly  all  the  public  oiricers  being  provided  for  by  permanent 
laws,  or  paid  out  of  the  casual  and  territorial  revenues,  or  from  the  pro- 
duce of  duties  collected  under  imperial  acts,  a  stoppage  of  supplies, 
while  it  would  inflict  great  injury  upon  the  community,  by  leaving  roads, 
bridges,  and  other  essential  services  unprovided  for,  would  not  touch  the 
emoluments  of  the  heads  of  departments  in  the  Council,  or  of  any  but  a 
few  suboi'dinate  ofTicers  of  the  government. 

As  a  remedy  for  these  grievances,  we  implore  Your  Majesty  to  grant 
us  an  elective  Legislative  Council;  or  to  separate  ^he  Executive  from 
the  Legislative  Coum-il,  providing  for  a  just  representation  of  all  the 
great  interests  of  the  Province  in  both  ;  and,  by  the  introduction  into  the 
former  of  some  members  of  the  popular  branch,  and  otherwise  securing 
responsibility  to  the  Commons,  confer  upon  the  people  of  this  Province 
what  they  value  above  all  other  possessions,  the  blessings  of  the  British 
Constitution. 


i  i5) 


II: 


A  very  elaborate  defence  of  the  old  Constitution,  and  of  their 
own  conduct  collectively  and  individually,  was  prepared  in  the 
form  of  an  address  and  observations,  and  forwarded  by  His  Ma- 
jesty's Council  to  the  Colonial  office,  with  a  very  strong 
expression  of  the  Lieutenant  Governor's  opinion  in  their  favor. 
A  Committee  of  Council,  it  was,  however,  announced,  had  been 
appointed,  to  suggest  such  alterations  of  the  Chamber  as 
might  be  required  on  the  admission  of  the  public. 


;U^' 


).:!! 


!f?i; 


I  ■■"' 


MINISTERIAL    RESPONSIBILITY. 


U3 


In  the  course  of  the  summer,  a  set  of  resolutions  calllniif  the 
attention  of  His  Majesty's  government  to  tiic  grievances  vuuler 
which  the  Province  of  New  Brunswick  labored,  was  passed  by- 
its  popular  branch.  There  is  one  of  the  series  which  provt)kes 
a  smile  at  the  present  time,  in  which,  while  the  House  asserts 
that  "  the  Executive  Council  should  be  composed  of  persons 
possessing  the  confidence  of  the  country  at  large,  and  that  the 
cordial  sympathy  and  coiiperation  of  that  body  are  absolutely 
indispensable  to  the  existence  of  any  system  of  administration," 
yet  that  the  House  "  should  repudiate  the  claim  set  up  by  another 
colony,  that  the  Executive  Council  ought  at  all  times  to  be  sub- 
ject to  removal,  on  address  for  that  purjjose  from  the  popular 
branch  of  the  government." 

So  novel  did  this  "claim"  for  responsible  government  ap- 
pear, even  to  the  leading  politicians  of  our  sister  Province,  in 
1837.  They  were  content  to  ask  for  and  accept  such  modifi- 
cations and  changes  as  miglit  meet  the  rei|uiremenis  of  the 
hour,  but  did  not  perceive  that  without  Ihe  establishment  of 
modes  of  redress  and  reformat  ion  apijlicable  to  all  times  to 
come,  there  was  no  security  for  the  wise  administration  of 
public  alVairs. 

In  the  course  of  this  summer,  overtrading  and  extravagance 
having  produced  a  commercial  cri:iis,  specie  payments  were  sus- 
pended by  all  the  banks  throughout  the  United  States  and 
Canada.  It  was  feared  by  some  that  those  of  Nova  Scotia 
would  be  compelled  to  follow  the  example.  Past  experience 
had,  however,  taught  us  a  useful  lesson,  and  saved  the  Prov- 
ince from  participation  in  this  general  disgrace.  Our  banks 
held  fast  to  their  integrity,  and  continued  to  redeem  their 
notes,  notwithstanding  the  absurd  anticipations  of  those  who 
declared  that  if  they  did,  gold  and  silver  could  not  be  kcjit  in 
the  country.  We  record  this  gratifying  fact,  not  only  to  illus- 
trate the  value  of  preceding  discussions,  but  to  show  to  our 
countrymen  the  folly  of  any  departure,  howeVer  great  the  peril 
or  the  temptation,  from  sound  principles  of  fmance. 

Though  the  twelve  resolutions  submitted  to  the  House  by 
Mr.  Howe  on  the  16th  of  February,  were  rescinded,  on  his  own 
motion,  on  the  8th  of  March,  they  had,  as  he  anticipated,  done 


i.     I 


1 


144 


MINISTERIAL  RESPONSIBILITY. 


their  \vork.  Having  been  transmitted  to  the  Colonial  office  by 
Sir  Colin  Campbell,  on  the  30th  of  April,  all  the  points  raised 
by  them  were  considered  and  discussed  by  Lord  (zlenelg  (one 
of  the  most  abh',  amiable,  and  well-disposed  statesmen  who 
ever  presided  over  that  department),  in  a  dispatch,  which  will 
be  found  entire  in  the  appendix.  The  address  itself  elicited 
another  dispatch  on  the  Gth  of  July,  written  in  the  same  spirit. 
If  nothing  remained  on  record  but  these  two  dispatches  to  illus- 
trate Lord  Glenelg's  Colonial  administration,  they  would 
prove  how  unjust  was  much  of  the  abuse  heaped  upon  that 
nobleman  in  the  party  struggles  of  the  period,  and  how  thor- 
oughly upright  and  outspoken  he  was  in  his  dealings  with 
colonial  questions. 

We  shall  never  forget  the  day  when  these  two  dispatches 
were  read  in  our  Assembly.  Within  a  twelvemonth,  Mr.  Howe 
had  borne  no  light  amount  of  obloquy  and  suspicion.  His 
resolutions  had  raised  a  storm  of  declamation  from  one  end  of 
the  Province  to  the  other.  All  those,  and  they  were  many, 
who  were  interested  in  the  maintenance  of  old  abuses,  were 
uncompromising  in  their  opposition  and  not  very  choice  in  their 
language.  What  rendered  his  position  throughout  this  year 
more  trying  and  delicate,  was  the  unquiet  condition  of  Canada. 
It  required  no  ordinary  nerve  in  a  man  legitimately  seeking  to 
reform  the  institutions  of  his  country  by  peaceful  and  constitu- 
tional means,  to  withstand  the  ready  argument,  drawn  from 
armed  insurrection  upon  the  border,  that  such  results  must 
naturally  flow  from  all  political  agitation.  Mr.  Howe  had 
withstood  it.  He  had  baffled  the  most  skilful  defenders  of  the  old 
system  in  the  Hout^e.  He  bore  up,  with  unshrinking  firmness, 
against  the  clamor  raised  throughout  the  country.  When  the 
Canadian  insurrection  broke  out,  he  defined  his  position  with 
precision,  and  by  the  publication  of  his  letter  to  Mr.  Chapman 
proved  that  he  had  forewarned  the  Canadians,  and  had  predicted 
the  failure  of  any  armed  resistance  to  the  Queen's  authority.* 
When  these  dispatches  were  brought  down  he  had  his  reward. 
The  sovereign's  "  cheerful  assent "  was  given  to  "  the  greater 


*  See  Appendix  —  Letter  to  Chapman.    (21st  Dec.) 


MINISTERIAL   RESPOXSIDILITY. 


145 


rd. 

:er 


part  of  tli(>  nicasnrrs"  which  he  had  "  snggrstcd,"  "convinood 
tliat  they  would  bo  condncivc  alike  to  the  honor  of  the  crown 
and  to  tlic  welfare  of  his  faithful  snl)jects." 

These  dispatches  wen;  received  in  August.  They  were 
not  shown  to  Mr.  Howe,  but  negotiatiiMis  were  opened  wiUi 
hirn  by  Sir  Colin  Campbell  in  a  somewhat  informal  mode,  it 
being  intimated  that  certain  information  was  re(iuired,  in  the 
event  of  His  IMajesty's  government  making  concessions  to  the 
Assem])ly.  It  had  been  represented  to  Sir  Colin  that  the  ma- 
terials did  not  exist  in  the  country  for  a  more  extend(>d  basis 
of  gov(>rnm(Mit,  shoTild  distinct  councils,  for  the  discharg(^  of 
executive  and  legislative  functions,  be  conceded.  Though  we 
neviT  saw  the  names,  wv  have  reason  to  know  that  Mr.  ITowc 
met  this  objeefioii  by  forming  two  complete  Councils  upon 
paper,  honorably  disposing  of  every  member  of  the  old  one  by 
giving  him  a  seat  in  (>ither  one  Council  or  the  other,  drawing  in 
leading  men  from  all  the  iin|)ortant  sections  of  the  country,  the 
whole  being  so  arranged  as  to  fairly  represent  all  the  great  in- 
terests therett)fore  excluded,  and  giv(!  very  general  satisfaction. 
These  lists  included,  we  believe,  the  names  of  several  gentle- 
men subsequently  honored  with  Her  Majesty's  mandamus, 
some  of  whom  have  (unaware  of  the  fact,  perhaps,)  very 
stoutly  opposed  the  person  who  first  brought  them  to  the  notice 
of  the  Executive.  When  these  names  were  submitted,  Sir 
Colin  remarked  to  Mr.  Howe  that  he  had  omitted  his  own.  He 
replied  that  he  wanted  nothing  for  himself,  but  would  be  con- 
tent with  any  arrangement  that  would  give  satisfartion  to  the 
country. 

There  was  no  desire  to  give  satisfaction.  On  the  26th  of 
August  a  dispatch  was  for\  arded  to  Lord  Glenelg,  containing 
"  the  plan  for  a  civil  list,  to  be  proposed  to  the  Legislature  of 
Nova  Scotia,  on  the  siuTcnder  to  them  of  the  appropriation  of 
the  casual  and  territorial  revenues  of  the  crown,  and  also  contain- 
ing certain  suggestions  as  to  the  future  composition  of  the  execu- 
tive and  legislative  councils."  Nothing  could  be  more  artfully 
evasive  than  these  "  suggestions,"  nothing  more  frank  and  hon- 
orable than  the  manner  in  which  Lord  Glenelg,  after  reiterating 
the  broad  principles  already  laid  down,  and  enforcing  others 

13 


^fi' 


i.!l 


I 


! 

t 

li'l 


I 


14G 


MINISTEUIAL   RKSI'ONSIDILITY. 


[|^;: 


wliicli  hi'  llu)ii<^lil  should  jLjovcni  llu^  fuiiiiiriul  (|U('sti()iis,  sub- 
luitli'dlo  till' (It'iiiiiiul.  The  fivil  list  (iiu'sliun  iriiiaiiKMl  open 
!Ui(l  iiM(l('i'idi'(l  for  leu  years,  and  was  only  adjusted  when  the 
rel'orniers  eanie  into  the  administration,  in  Isls.  'I'lie  (Jaxette 
had  no  sooner  appeared  whit;h  contained  the  names  of  the  new 
comicillors,  than  it  was  apparent,  that  His  Majesty's  <fraeioiis 
intentions  had  been  ntti-rly  tlisrei^arded,  and  Lord  («leiielii^*s  in- 
structions violated  in  a  manner  thc^  most  adroit,  We  have 
jirinted  the  dispatch  of  the  olst  of  October,  in  the  ap|)endix, 
and  shall  j)resently  j)roi-eed  to  show  how  the  new  arranifem"nts 
were  rcixarded  in  tl 


n' 


u;  Assemh 


ly 


At  the  o^K'nin^  of  the  h^cssiou  of  ISo"^,  it  was  apparent  that 
very  important  advances  had  been  inadi;  iu  the  science  of 
Colonial  Govermnenl.  There  wa^j  a  Legislative  Council,  in- 
cluding nineteen  members,  sitting  with  open  doors.  'J'he  iirst 
debates  of  that  Ijody  aj)pcar  in  the  iu!wspapers  c)f  this  year. 
There  was  an  Executive  Council  consisting  of  the  old  number 
of  twelve,  charged,  after  a  fashion,  with  the  administration  of 
alVairs.  But  the  ap})ointmeiits  to  the  former  had  been  so 
arrang(>d  as  to  preserve  all  the  old  influences  intact.  It  was  im- 
possible to  conceive  of  a  body  more  antagonistic  than  it  was  to 
the  feelings  of  a  majority  of  the  popular  branch  and  ti)  those  of  a 
great  majority  of  the  people.  Fonr  members  of  the  Executive 
sat  in  the  low(>r  House,  and  two  or  three  in  the  upper;  1)nt  they 
acknowledged  jio  responsibility  to  the  Commons.  It  is  curi- 
ous to  look  back  and  recall  tlu'  crud(j  ideas  which  prevailed 
at  this  period.     On  the  29th  of  January, — 

]\rr.  jNIortou  i)Ut  a  question  to  tlic  Hon.  Mr.  Uiiiacke,  wlidlior  lie 
could  iiiforiu  liiiii  wlicii  tlic  LifiitciKUit  Governor  intciulcil  to  lay  licfore 
the  House  the  (lispatcln'-  rcfciTCMl  to  by  liini  in  his  specrh  al  the  ()[i('ning 
(if  tlic  sc<si()M  ? 

Hon.  INIr.  Cniackc  I'cplii'il.  tliat  lie  suppo.-ecl  His  Exfcllcucy  v.cmlil  do 
so  wlicn  he  tliouglit  til. 

Mr.  Morton  had  not  expected  to  receive  such  a  pert  an- wcr.  He 
conceived  that  he  Jiad  asked  a  very  proper  question,  and  that  lie  had  a 
riglit  to  put  it  to  tlie  honorable  gentleman  as  one  of  the  Kxeeulive 
Council. 

Hon.    Mr.    Uniaeke    said,    that    wlien     the    resolutions    p.as,-ed    last 


«» 


MINISTF.IilAL    RKSrONSiniLlTY. 


117 


yonr  they  liml  coMti'inplMtcd  lliat  some  mfmlicrs  .-IiniiM  ho  olio-irn  n<» 
Kxi'cutivc  CiiiiiicilloiN  ;  Imt  lie  did  not  roiisidiT  liimsclf  sittiiiir  in  the 
House  ill  Miiy  iiiiiiistfriMl  ciipiicity,  nor  w.-h  lio  lioimd  to  support  tlir  incas- 
uri's  (li'tlic  ( f()\(i-iiiu('iif.  Notwitli'tiiiidiiiLT  liis  (■(iiiiK  rlinii  willi  llic  Mxcc- 
ntivc,  lit'  sliould  ;d\vays  advocate  tin'  fiirlit-;  and  advain'c  tin-  iiilfrcsts  of 
liis  coii^titiK'uts,  ami  tlw  people  at  lai'L'e.  wiiii  as  imieli  lioldiicss  and 
indepeiiilence  as  ever. 

]\Ii'.  Howe  >aid.  tlial  it  was  eerlainly  eniilempliiled  when  tlie  Iloil-e 
Avi'heil  that  -nine  memhers  dl'ihe  popular  hraneh  -Iioidd  Ite  appointed  to 
the  Mxecailive  Couneil.  that  they  >Iiould  a--iiine  some  deirpce  nf  I'e-poii- 
sildlitv.  It  wonld  jrn'atlv  facilitate  the  hn-iiness  ot'  the  Le<j;i-ilature,  to 
have  some  txenileman  at  hand  to  whom  they  conld  jnok  fur  information 
rcspcctin;/ th(!  views  of  (loverinneiit.  lie  lhon;_dit.  the  (piestion  put  hy 
the  honorahhi  jjenthMnan  from  Coi-nwalli-;.  one  that  had  very  iiatnrally 
occurred;  he  hopeil  the  lionoi'ahh^  ('(imK-iiiors  would,  in  futiuv.  he  pre- 
pare(l  to  ansAver  sucli  question-.  Hi'  certainly  ho[)e(l  that  the  genth?- 
mnn  recently  appointed  would,  on  rellection.  ho  ])i'epared  to  assume 
re<ponsihility  to  a  irreatei-  exti'Ut  than  the  learned  member  i'rom  Cape 
Ureton  apiieared  to  contemplate. 

Tlon.  IVfr.  T'niaclic  had  misa)>prehended  the  import  of  the  quoslion  of 
the  honorahh'  li'entleman  from  ('ornwalIi>,  and  he  hoped  he  would  allow 
liim  to  hcLT  his  pardon.  Just  at  this  moment,  the  Hon.  Sir  Eupert  D. 
GeoriT'^  niiidc  hi»  ap|iearance  before  the  bar  of  the  House  with  the  dis- 
patches already  printeil  ;  the  reading  of  which  occupied  the  IIour«c  till 
a  late  hour,  and  excited  a  very  gen(.'ral  interest. 

To  the  followiiif!^  conversation  wo  may  trace  the  change,  by 
vvliich  comniunieations  are  now  daily  and  honriv  transmitted 


throngh  members  of  (Government,  standing  in  llieir  i)laces, 
instead  of  being  f:ent  down  at  ran*  intervals  and  delivered  in 
writine:  at  the  bar  of  the  House  :  — 


3  ;l 


IMr.  Howe  rose  for  the  purpose  of  giving  a  practical  illustration  of  the 
course  he  had  reconnnended  ye-terday  to  th(>  notice  of  the;  Executive 
Councillors,  who  Avere  memlicrs  of  the  house.  Hitherto,  whenever  in- 
formation was  required,  they  had  been  obligfMl  to  send  away  a  commit- 
tee to  (lovermnent  House,  thus  withdrawing  from  deliberation  a  number 
of  members  every  day.  It  Avould  greatly  simplify  the  machineiy  of 
legislation,  and  sav(!  much  valuable  time,  if  these  gentlemen  wonld  be 
prepared  to  answer  (luestions  ])ut  to  them  relative  to  the  policy  and 
intentions  of  Government;  and  to  furnish  returns,  when  refjuired,  if  there 


W 


•i,,|-;,!l 


■  :    II 


^1 


148 


rolXT.S   GAINKi). 


wnn  i)olliii)<;  itnpi'i)|ifi' ill  lln-  appliiMiioii  ;  :il  the  sainr  liii)<'  In- did  not 
\vi>li  lo  iiiipoM- ii|M)ii  tlii'iii  any  iiii|il<'a^:iiii.  duly.  il<>  wdidd  tlit'irlot'c 
call  atloiitiiiii  to  a  niiiiot  luadi'  liy  llif  lloii-c  at   its  la^t  x'.^-ioii,  lor  re- 


turns ot'  the   t'»c<,  il'  any,  tak;  ii   liv  Judiii's  of  the   interior  ronrl- 


Milt 


one  jiid^r,.  Iiinl  turni-licd  a  it'tiiiii.  lie  wouM  tlifrrlorc  a-k  ol'  llic 
lionoralil*!  nirnilicr  li-oni  Sydney  wliiiln  r  In,'  woidd  sec  tliat  tin-  olliers 
wcro  sultniiilid. 

Hon.  Air.  I)(i(|d  had  no  oltjei'iinn  to  lake  lite  same  view  of  liir  mailer 
us  ilie  lionoral)lo  ;:;eiiilenian  iVoni  tiie  eoinily  of  Halifax;  lie  adiuitlud 
tliat  s(»me  dejfree  of  i'e>|ion.-«iljilily  should  atiaeli  to  exeentivo  <'oinieil- 
lurs.  If  lie  should  liiid  any  thin;;'  in  the  oliie(.'  ineoinpatilde  willi  iIk; 
duty  he  owed  to  the  rights  of  ihi'  people,  he  would  feel  Ixanid  lo  resign 
it.  As  to  his  heing  il  mere  organ  of  eoininunieation  ix'lweeii  that  housii 
and  governmeiil,  he  eould  M'e  no  oiijeelion,  and  would  he  [irepared  to 
gi\c  an  answer  with  respect  lo  the  niurns  reipiin'tl  al  an  early  day. 

llonorahlu  iMesM'i",  Uniaeke,  Huiii,:igion  and  Dewolf,  e\pre.->ed  sim- 
ilar opinions,  hut  e<insidere'd  themselscs  as  free  and  un>liaekled  in  their 
i'epre,-enlati\e  capacity  as  helitre  they  were  elevated  to  their  pre.-ent  hon- 
onible  situation. 

Till'  iiiL'iuber.s  of  tlii;  Executive  Council  having  assuiucd  thi.s 
very  iiiodcriite  luuouiit  of  i-espoiisibility,  the  business  of  the  ses- 
sioii  procei'ded,  until  the  Mlh  of  March,  when  Mr.  Uniiicke,  tho 
leader  of  the  new  govennnent  in  the  Iowjt  House,  moved  certain 
resolutions  for  granting  a  civil  list  in  exchange  for  the  casual  and 
territorial  revenues,  when  a  curious  illustration  was  gi\('n  of  the 
harmony  existing  in  the  new  cabinet.  Mr.  Huntington,  his 
colleague,  who  was  the  only  member  representing  the  })arlia- 
mentary  majority  taken  into  it,  stoutly  opposed  the  resolutions 
and  moved  others  in  amendment.  Mw  ITuntington's  resohi- 
tions  were  carried;  the  i)roj>ositi()ns  which  had  tlu;  sanction 
of  the  e)ther  eleven  meml)ers  of  the  governiuent  being  defeated. 
While  this  subject  was  under  (h'l);ite,  another  singular  instance 
occurred  of  the  want  of  skill  and  knowledge  by  which  colo- 
nial all'airs  were  at  that  time manag(d.  It  was  announced  that, 
by  some  informality,  the  two  Councils,  which  had  been  conduct- 
ing public  business  for  half  a  session,  had  ceased  to  exist ;  and 
it  was  i)resently  discovered  that  the  newconmiission  just  issued 
to  Lord  Dunham  as  Governor  General,  had  been  framed  with- 
out reference  to  the  instructions  issued  to  Sir  Colin  Campbell. 


t'! 


rOINTH    CAINKD. 


ito 


Tlic  ii!iinl)i'rs,  even,  did  not  correspond.  Uy  T<ord  "Ojirlmm's 
(\)tninisslon,  ill"'  I'iXccntivc  Wiis  limited  to  nine  nnd  the  liei^'isiu- 
tive  Council  tt)  lifteen  nieinhers.  The  two  Houses  were  pro- 
ro^jfued.  The  two  Councils  were  dissolved,  iind  two  others,  hy 
pr«)eliiniiition,  :i|>pointe(l  in  their  steinl.  Three  ;^'entlenien  culled 
up  to  the  I'iNcentive.  and  live  appointed  to  the  rj<'i,'isl;itive,  had 
to  l)<>  put  aside.  A  hill  was  introdm-ed  to  le^^ali/e  and  c-onlirin 
the  le<^islalive  proceedings  up  to  the  time  when  they  hiul  been 
so  suddenly  suspended.  When  the  new  councillors  were 
1,'azetted,  it,  appeared  that  Mr.  limit ini^'ton,  the  only  liberal  in 
the  Executive,  had  been  lel'i  out,  and  that  the  Lei^'islative 
Council  contained  a  paelced  and  determin(Ml  majority  hostile  to 
responsible  government  mid  to  the  ])oliey  of  the  majority  in  the 
lower  House.  It  was  not  to  be  expected  that  a  ))olitieian  :\n 
acute  as  ^Fr.  Howe  had  shown  himself  to  ])(>,  would,  with  Lord 
CUtnielif's  dis|)atches  in  his  hand,  cjdnily  ac(piiesce  in  their  (la- 
grant  violation.  In  a  speech  delivered  in  the  debate  on  the 
civil  list,  we  find  Mr.  Howe  deliniuij;  with  sonu;  precision  and 
au  air  of  pardonable  triumi)h,  what  had,  up  to  that  time,  been 
gained: — 

The  time  has  iiuw  arrived,  ^Ir.  Speaker,  when  every  member  .>hoiil<l 
stcate  ills  (ipiiiioa  ou  lliis  >nlijee(.  Tlie  Ihm-e  lia<l  elllier  oiu*  of  two 
courses  lojuloi)t;  —  Ii>  <X()  fully  into  the  (luestioii  in  its  pre-enl  state,  or 
to  wait  until  a  1)111  should  l)e  lirouudil  in.  and  then  to  have  a  lal)oreil  dis- 
cussion whieh  mij^lit  come  heller  in  an  earlier  stage.  The  former 
seemed  the  mode  chosen  hy  ineml)ei's,  and  jierhaps  it  was  every  way  the 
better  one.  I  had  supposed,  sir,  as  those  dispatclies  liad  come  out  in 
answer  to  the  address  of  la-t  year,  in  which  T  took  I'ather  a  i)rouilnent 
pai't,  that  perhaps  it  wonld  have  l)een  left  to  some  of  those  who  acted 
with  me  on  that  occa-ion  to  call  the  attentioa  of  the  House  to  the  ques- 
tions they  involved,  and  to  submit  a  general  measure  embracing  an 
answer  to  the  whole.  I  do  not  eom[)lain,  however;  the  course  pursued 
has,  perhaps,  naturally  arisen  fn^n  circum.-tanees. 

I  felt,  sir,  that  we  could  not  go  into  the  question  of  the  civil  list  until 
the  judiciary  was  arranged  ;  and  the  intention  was,  after  that  should  have 
bc(;n  disponed  of,  and  the  fate  of  the  bill  on  the  suhj<H't  should  have 
been  ascertainetl,  to  give  notice  that  a  general  view  of  these  dispatches 
would  l)e  submitted  to  the  House.  I  do  not  complain,  and  am  rather 
glad  that  the  present  course  has  been  taken ;  it  matters  little  how  the 
13* 


k'H 


m 


'ifflit 


y; 


■M:l 


1  m 


:M± 


150 


POINTS  GAINED. 


H 


i  i)        E  .   '  i 


quostion  romp-!,  =o  tliut  it  is  lirouglit  to  tlic  consideration  of  llu;  House. 
I  feel,  liowL'Vcr,  tliiit  we  are  not  in  as  pood  a  position  to  deal  with  tlio 
suhjeot  as  if  \vo  knew  the  fate  of  that  hill,  —  as  if  we  knew  wliether  the 
country  was  to  have  eight,  or  six,  or  seven  judges.  If  tliat  hill  was  on 
the  tahle,  we  could  go  more  satisfactorily  into  this  question;  hut  I  am  con- 
tented to  take  the  di>cussion  as  T  find  it,  and  will  tronlde  the  House  with 
a  few  remarks  on  th(!  suhjcct  in  the  shape  which  it  has  now  assumed. 

The  honorabli^  gentleman  from  Cape  Breton,  sir,  has  called  attention 
to  only  one  branch  of  these  dispatches,  and  to  that  wc  should  now  chiefly 
contine  our  obsci rations.  In  framing  his  propositions,  and  submitting 
them,  I  only  regret  that  he  <lid  not  do  justice  to  the  spirit  in  which  these 
documents  hnvo  been  conceived,  and  to  the  language  in  which  they  are 
expressed.  They  are  documents,  sir,  such  as  we  have  not  been  accus- 
tomed to  receive  in  this  Colony,  and  are  of  the  most  important  character. 
They  breathe  a  spirit,  which,  if  it  had  influenced  transactions  of  the  last 
twenty  years,  woidd  have  saved  much  evil,  and  produced  much  good; 
which,  as  long  as  it  exists,  will  perpetuate  good  feeling  between  the 
mother  country  and  her  dependencies.  It  makes  us  feel,  sir,  not  as  we 
have  often  felt,  hampered  and  trammelled,  hut  that  Britons  here  have 
the  same  rights  as  liritons  at  the  other  side  of  the  Atlantic. 

Let  us  turn,  sir,  for  a  moment,  to  what  occurred  at  the  last  session. 
Respecting  the  address,  the  Council  had  the  last  word,  or,  as  legal  gen- 
tlemen would  term  it,  the  benefit  of''  the  reply."  The  ad<lress  was  sent, 
and  the  members  of  the  House  separated  to  their  several  homes,  when 
the  other  branch  forwarded  their  celel)rated  observations  in  answer.  The 
House  hud  no  opj)ortunity  of  rejoinder;  but,  as  nn  indiviihial,  I  felt 
strongly  inclined  to  review  those  documents.  After  being  somewhat 
rested  from  the  labors  of  the  session,  I  sat  down  to  the  perusal  of  the 
observations.  I  endeavored  to  divest  my  mind  itf  all  prejudice  and  angry 
feeling,  and  to  come  to  their  consideration  as  a  dispassionate  Englishman 
would,  who  desired  to  judge  calmly  of  the  subject,  whose  duty  it  was  to 
trv  the  cause,  to  decidii  the  issues  then  pending  between  the  Council  and 
Assembly.  Having  read  them,  I  cast  the  pen  aside,  feeling  that  they 
might  very  safely  be  allowed  to  go  for  what  they  were  worth,  and  that 
no  review  was  necessar}-.  We  now  see  how  they  were  received  at 
home  :  while  the  most  important  points  of  the  Assembly's  address  were 
taken  up  in  an  excelh^it  spirit,  and  have  been  liberally  answered,  the 
observations  of  the  Council,  so  far  as  I  can  learn,  have  not  been  deemed 
worthy  of  any  notice.  Into  tluve  questions  I  am  not  disposed  to  go  at 
length  ;  tlu;  results  of  the  address  may  demand  future  consideration,  but 
at  present  our  ground  is  limited. 


POINTS   GAINED. 


151 


It  may  be  as  well,  in  the  first  place,  to  inquire  in  what  our  position 
varies  from  that  of  last  winter.  I  think  that  every  man  who  licars  me 
will  feel  that  we  have  made  a  considerable  advance,  and  that  much  ulti- 
mate benefit  will  be  the  result.  What  (hen  have  we  gained  by  the  la- 
bors of  the  last  session  ?  In  the  first  [jlacc,  we  have  received  the  thanks 
of  our  sovereign  for  bringing  to  his  notice  "measures  which  are  alike 
conducive  to  tiie  honor  of  the  crown,  and  the  welfare  of  his  faithful  sub- 
jects inhabiting  this  part  of  His  ^Tajesty's  dominions."  That  was  the 
answer,  notwitlistanding  all  the  denunciations  of  the  course  pursued  by 
the  majority  at  the  last  session.  The  next  advantage  is,  the  se])aration 
of  the  Executive  and  Legislative  Councils.  This  is  a  very  important 
change ;  the  second  Legislative  brancli  is  now  larger  and  more  popular, 
and,  I  trust,  will  be  nuich  more  satisfactory  in  its  transaction  of  i)ublic 
business.  Then  the  Chief  Justice  has  been  shut  out  from  botli  Councils, 
and  this  secures  the  entire  separation  of  the  judiciary  from  the  contam- 
ination of  party  politics.  Next,  we  have  four  members  of  the  jjopular 
branch  in  the  Executive  Council,  doing  business  in  tliis  House  under 
some  responsibility,  although  not  to  tiie  same  extent  that  tlie  IJrilish  min- 
istry is  responsible.  Tiiat  body  is  much  more  popular  tlian  wiien  it  sat 
in  its  double  capacity  at  the  other  en<l  of  the  building.  Its  members 
mix  with  the  people's  representatives,  they  represent  the  i)0('ple  them- 
selves, they  are  in  the  midst  of  popular  feelings  and  expressions,  — 

"  Can  one  pass  tlirou,i;Ii  the  l)ri;^Iit  Araliian  vales, 
And  not  l)ring  thence  some  perfume  ?  " 

And  can  these  gentlemen  breathe  the  popular  air,  can  they  hear  the 
rights  and  wishes  of  the  people  freely  canvassed  in  this  house,  and  not 
carry  po[)ular  impressions  with  tliem  into  tlie  Privy  Council  ?  These 
are  the  holds  which  we  have  on  tliein,  and  which  are  of  a  character  hon- 
orable to  themselves,  and  beneficial  to  the  country.  Tiie  honorable  gen- 
tleman from  Cape  IJreton  may  smile,  but  he  feels  the  force  of  my 
remark,  and  must  acknowledge  that  I  do  not  chiim  too  much  lor  this  al- 
teration. J^ast  session,  the  other  end  of  the  building  contained  but  one 
gentlemen  from  the  count  y  ;  now  there  are  iiiin',  in  accordance  witli  the 
representations  of  tlu!  address.  In  the  last  Council  we  had  an  over- 
whelming majority  of  one  religious  denomination;  now  there  are  eight  at 
least  belonging  to  dissenting  congregations.  Another  advantage  which 
had  grown  out  of  the  discussions,  and  which  I  consider  of  much  conse- 
quence, and  next  to  the  laurels  gained  respecting  the  Executive  Council, 
is  that  we  have  the  doors  of  the  other  branch  open.  This  has  not  been 
accomplished  with  pickaxes  and  crowbars,  as  some  intimated  was  the  iu- 


r 

'■i 

:  If 

■  -       !  -■ 

. 

1 

i 

:  1 

».'■  ' 


lit.    ■ 


> ' 


m 

m 

lid 

!  i 


'n:i 


ir    ;i 


f^l 


162 


POINTS   GAINED. 


I  i 


I  i 


Ui 


!  '  •* 


tcntion,  but  by  pursuing  the  course  which  the  Constitution  and  the  law 
sanctioned.  AVc  also  have  the  chiim  of  the  Asscniblv,  of  the  riijlit  to 
control  and  a])i)i'opriate  the  whole  of  the  public  reveiuie  arising  in  the 
Province,  "frankly  admitted  by  the  Queen,  in  the  comprehensive  andspc- 
cillc  form  in  which  It  has  been  preferred;"  an  admission  nowhere,  here- 
tofore, to  by  found  on  the  journals  of  the  House.  A  former  olVer  indeed 
might  be  found,  but  nowhere  was  the  claim  conceded  as  it  is  in  the  docu- 
ments now  on  our  table.  The  crown  land  ollice  also,  of  which  much 
had  been  said,  is  handeil  over  to  be  dealt  with  as  the  Legislature  may 
deem  wise.  These  are  imi)ortant  advances,  and  such  as  may  well  claim 
more  than  a  passing  notice. 

It  might  be  allowalde  here  to  dwell  for  a  momcni  on  the  matters 
which  are  withheld,  as  well  as  on  those  wiiich  arc  concedeil,  —  to  in(piire 
what  answers  are  given  to  our  rcipiests  where  our  wishes  have  not  been 
eomi)lied  with,  and  to  observe  how  the  spirit  of  these  dispatches  has 
been  carried  out  by  tin;  local  goverinnent.  1  will  not  now,  however, 
meddle  with  tlu'se  things,  but  will  confine  my  remarks  to  tiie  financial 
poi'tion  of  these  docuuKMits.  Let  us  examine  the  ((uestion  as  il  appears 
bi'fon^  the  House.  [Here  ^Ir.  Howe  read  the  resolutions  nutved  by  Mr. 
Uniacke.]  The  second  resolution  of  the  honorable  gentleman  goes  fur- 
tlu-r  than  the  Colonial  Secretary's  wishes;  it  pledges  the  House  to  pay, 
besides  the  .£8000  per  annum,  all  the  sums  now  chargeable  on  the  civil 
list.  [Mr.  I'niacke.  I  think  that  Her  ^Majesty's  government  wish  us  to 
grant  the  .CbOOO  for  Her  ]M;ijesty's  civil  list,  leaving  us  to  meet  other 
necessary  servici!s.]  That  is  an  advance  on  the  terms  of  the  dispatch, 
and  retains  some  expenses  which  evidently  may  be  avoided.  The  hon- 
orable gentleman's  whole  scheme  is  founded  on  the  supposition  that  the 
revenues  will  not  be  surrendered  for  one  penny  less  than  i'SOUO,  and 
that  all  those  salaries  must  be  fixed  permanently,  which  arc  so  stated. 
I  am  Inqipy,  however,  that  the  House  is  not  embarrasse(l  by  supposing 
that  this  is  an  executive  0[)inion,  tor  we  see  another  honorable  member  of 
Her  ]\Iaje.-ty"s  Ct)uncil  leading  up  the  oppo-ilionon  the  other  side  of  the 
(piestioii.  Tiiei'e  is  nothing  in  the  dispateli,  >ii\  to  warrant  the  ap[n'elien- 
si(jn  that  we  are  tied  down  in  lhi>  manner.  I-'rom  the  whoh;  spirit  of  the 
connnunieation  we  may  deduce  that  the  (pte-tion  is  left  broadly  ojjen,  to 
be  dealt  with  here  as  an  eidiLihtencd  leirii-lature  .-hould  deal  with  such  a 
sultject. 

In  reierring  to  these  communications,  sir,  I  am  happy  to  find  the  men 
who  have  done  so  much  for  the  in.-titutioiis  of  (Jreat  lii'itain.  l)reathing 
into  the  Colonial  Councils  the  .spirit  of  Uritons.  Tlii<  dispatch  comes  here, 
as  the  ministc'r  would  send  a  message  to  the  Coimnons,  ilot  in  the  spirit  of 


k 


POINTS   GAINED. 


153 


(lirtation,  l)u(  informing  us  tluit  the  sovereign  snrren(l(>rs  her  casual  rev- 
enue, anil  asks  in  return  a  just  provision  lor  tlie  public  ollieers.  As  if 
it  were  said,  You  know  (lie  country,  its  revenues,  and  resources,  and 
wants;  take  these  revenues  for  the  public  service,  and  give  a  fair  return 
to  those  who  must  be  provided  for  by  th(,'  general  goveriunent.  I  cannot 
but  remark,  sir,  in  this  place,  that  the  l\v~i  of  these  dis[)atches  which  ar- 
rived was  dated  in  Aj)ril  last ;  from  that  time  it  would  appear  that  cer- 
tain i)ersons  at  this  side  of  tlie  water  had  pre-entiments  of  a[)proachiiig 
trouble,  and  the  lime  between  that  and  the  submission  of  the  whole  sub- 
ject was  occupied  in  negotiations;  in  sending  notes  and  memorials  to  and 
fro;  in  forming  estimates,  and  in  making  protests  against  any  reduction. 
I  merely  call  attention  to  the  fact,  and  will  not  tuin  to  the  jiajxTs  for 
proof;  but  certainly  during  the  recess,  while  the  members  of  tliis  House 
were  at  their  homes,  while  the  House  was  politically  dead,  others,  who 
v;cre  likely  to  be  affected,  were  not  dead ;  they  were  alive  and  wide 
awake,  and  very  active  in  taking  cari,'  of  themselves.  Aceordingl}',  wc  find 
a  scale  submitted  which  did  not  originate  witliLord  Gli'uelg;  on  all  tliat 
reall}'  emanatcMl  trom  the  other  side  of  the  Atlantic,  broad  i)rinei[iles  are  Im- 
pressed ;  they  arc  n  arked  by  candor,  and  frankness,  and  liberality,  cred- 
itable to  those  who  sent  them,  and  honoraljle  to  those  to  whom  they  were 
addressed  ;  but  in  the  skirmi.-h  of  little  I'.oles  and  memoranda,  it  was 
ever}'  man  for  himself,  and  heaven  for  us  all.  This  scale,  it  a[)i)ears,  is 
less  ])y  ,£1000  than  some  othm'  scale  sent  home,  and  to  which  the  Col- 
onial Secretary  alli'des  in  one  of  the  dispatches ;  his  keen  eye  saw  at 
once  through  the  system,  and  he  said,  No ;  that  is  too  mucli,  I  see  that  It 
is ;  I,  who  Iiavc  lived  all  my  life  in  tills  rich  country,  who  never  saw  the 
bad  roads  and  miseralde  bridges,  and  the  general  [toverly  of  Xova  Scotia, 
1  see  at  a  glance  that  the  scale  is  too  high,  and  what  must  it  appear  to 
those  more  intinuvtely  informed  of  the  circumstances  of  the  Colony?  I 
will  therefore  inform  His  Excellency  the  J^Ieutenant  Governor,  that  I 
have  omitted  from  the  list  of  charges  several  that  have  been  submitted. 
That  is  the  way  in  which  I  read  the  noble  Secretary's  communications  ; 
and,  sir,  as  I  read  the  resolutions  of  the  honorable  member  for  Cape 
Breton,  they  go  to  provide  for  those  very  charges  omitted  by  the  home 
government.  I  allude  to  the  fact  as  a  guide  to  the  House,  and  as  an 
evidence  of  the  ditrerence  of  feeling  between  otriclals  here  and  the  home 
government.  I  deny,  sir,  that  the  (piestion  is  in  any  way  fixed,  either  as 
regards  gross  amount,  or  particular  sums,  by  the  home  government ; 
neither  the  spirit  nor  the  language  of  the  dispatches  warrant  such  a  con- 
clusion. 

One  paragraph  says:    "It  is  not  to  them  a  matter  of  any  serious 


.ili 


m 


m 


■  t 


I 


-ill 


'■■1 


JJ'VJJ 


n 


rr 


M 


I  n 


154 


POINTS   GAINED. 


concern,  wliellior  tlic  smIhi'Ics  to  1k'  assirrncil  in  tlic  civil  list  lie  of  rrrcfitor 
or  le>s  amount,  iirovidcd  only  tiny  arc  siiflicii'iit  for  the  maintenance  of 
the  ofllcers,  in  -wlio-o  favor  they  are  granleil.  in  that  station  of  society  to 
which  they  must  belong.  I  am  not  only  willing  to  admit,  hut  even  anx- 
ious to  assert,  that  in  fixing  the  amount  of  oHicial  salaries  in  lii'itish 
North  America,  great  frugality  should  \)v.  oI»s(M'ved.  In  countries  re- 
cently settled,  it  is  of  moment  that  moderate  and  simple  habits  of  domes- 


tic expt'udilure  should  p!Tvail.and  siiould  be  r(vp(>cted ;  nor  is  tiiere  any 
exceiiliou  to  that  rule  which  J  >hoidd  more  strongly  deprecate,  than  one 
which  would  enable,  if  not  refpiire,  olllcial  men  to  distinguish  themselves 
from  other  classes  by  a  less  strict  economy,  and  a  more  costly  style  of 
life."  Could  any  languagr  more  plainlj-  intimate  thsit  the  whole  matter 
was  to  be  fixed  in  this  IL)us(>?  The  p(>rmanency  of  some  salaries,  and 
the  adeipiacy  of  all  for  the  individual  ollicers,  according  to  the  society 
they  moved  in,  seemed  stii)idaled,  and  nothing  el~e.  The  principle^  of 
economy,  and  the  simplicity  of  American  society,  were  fidly  recognized 
by  the  noble  Secretary;  and  I  think,  sir,  that  the  passage  to  which  I 
now  allude,  coming  from  such  a  source,  is  of  the  very  highest  imiiortancc 
to  this  country.  Th(>  })ractice  has  been  to  bolster  up  pretension>,  and  to 
supply  so  lavi>hly,  that  persons  in  ^{Rcc  forgot  that  they  were  the  ser- 
vnnts  of  the  country,  and  almost  imagined  them-elves  to  be  its  nia-ters. 
Such  a  state  now,  however,  is  dcuounce(l  ])y  the  Colonial  Secrc^tary.  and 
'•  he  does  not  shrink,  even  in  the  case  of  the  Lieutenant  Governor,  from 
pursuing  to  th<'ir  legitimate  conseciueuccs  th(^  priu('i[)le-  to  which  he  ad- 
verts." If  the  fiivt  oflicer  of  tlie  Province  is  thus  subjccteil,  shojild  this 
House  shrink  fro.ii  apidying  the  same  riih^  to  others  ?  The  only  stipu- 
lations are  as  I  have  stated,  and  the  permanent  provision  for  some  ollicers 
seems  to  be  considered  of  raon,'  importance  than  the  exact  amounts  of 
their  salaries;  it  was  thought  Avisc  iliat  tluy-liould  not  depend  ou  annual 
votes,  and  should  not  be  subjeclcd  to  tin;  action  of  popular  influence. 
"AVith  regard,"  says  my  Lord  (ilendg,  "to  the  scale  of  salaries  in  the 
preceding  list,  I  must  repeat  that  1  am  not  solicitous  to  sti[)ulate  for  any 
precise  amount  of  remuncrali'ju  for  tin-  various  public  ofrice,-  to  be  in- 
cluded in  the  civil   li>t.     Iter   ^Majesty  will   ex[>ecl,  and   iiuh'cd,  strictly 


rcfpure,  lliat  no  sucli  oliicer  ,-hould  n'cnv 


dd 


"y 


increase  o 


f  h 


IS    o 


fiicial 


enioliimeuls  by  an  annual  <zranl  of  the  A<semblv.  Thev  should,  there- 
fore,  be  fixed  at  once,  at  such  a  rate  as  may  be  adeciuati'  'o  the  proper 
niainteiiance  of  the  ollicers.  If  i'>timated  on  any  other  princii)le  they 
could  not  be  accepted.  If  estiiuatcd  on  thai  princi|)le.  lln'v  mu>t  not  bo 
rejected,  even  though  the  Assi'inldy  should  dltH'r  from  you  in  opinion  as 
to  the  amount  of  the  ,-uin  which  ougiil  lo  lie  a-~igned  for  the  entire  sup- 


por 


tof 


my  one  or  more  of  those 


)Hicer; 


POINTS    GAINED. 


155 


Tlio  Iionoralili'  gentleman  for  Capi'  I'rclon  h:\<  vcO  ri'-d  in  what  oo- 
curred  in  Cansula;  avc  know  what  lias  occuiTcd  llirir.  I  will  not  trace- 
back  their  (liHicMllics,  bnt  T  cnnfi  ;.s  that  their  plan  of  voting  salaries  fuv 
half  yearly  or  ye:»rly  perioils,  is  one  npon  Avhieh  I  always  (.lifi'ereil  with 
the  Assenihly  of  that  Province,  and  which  I  wonld  iii'ver  wish  to  see  estab- 
lish('(l  here.  I  am  willing  to  admit  that  it  is  riglit  and  proper  that  the  g(jv- 
crnment  in  every  Colony  should  have  the  executive  and  tin;  judges  ])er- 
manently  provided  for,  and  two  other  ollicers  also,  according  to  my  views 
of  the  suliject  —  I  mean  the  Provincial  Secretaiy  and  the  Attorney 
General.  If  a  majority  dilfer  with  me  on  lhe>e  [joints,  rather  llia!i  di- 
vide with  those  who  may  hav<3  given  the  sul)ject  more  consideration, 
perhaps  I  may  be  tempted  to  go  further  than  my  own  opinions  incline. 
Goveriun"nt  should  have  al  least  one  perniant'ntly  paid  [)ro-eculing  (jlli- 
ccr  in  every  colony,  although  I  admit  that  the  list  of  those  who  are  to  be 
indeixMident  of  the  inlluence  of  the  po[)ular  branch  sliould  be  as  narrow 
as  possilile.  The  moment  that  a  considerable  liody  was  madi'  independent 
in  a  colony,  they  wei'e  made  its  masters;  in>teail  of  being  accountable  for 
their  acts,  they  becanK,'  as  a  distinct  body,  with  feeling-  and  iiitere-^ts  too 
often  at  variance  with  the  mass  of  the  peoph.'.  The  subject  l)efore  the 
House  is  one  of  coimnanding  interest.  We  have  arrived  at  a  ])oint  in 
the  history  of  Xova  Scotia,  of  vast  importance,  not  only  to  ourselves  as 
the  representatives  of  the  conntr}-,  but  to  those  whom  we  represent  — 
the  people  of  this  Colony  who  have  sent  us  here.  AVe  art;  about  to  make 
a  wise  appropriation  of  the  pulilic  money,  or  are  .about  to  lock  U[)  the 
funds  of  the  Province  unneces.-arily,  in  a  manner  w  hich  would  make  them 
inaccessible  for  generations  to  come.  I  am  somewhat  disposed,  sir  — 
weary  with  these  discussions,  and  anxious  to  settle  this  (piestiou  —  to  go 
further,  for  pre.-ent  incumbents,  at  all  events,  than  perhaps  my  cool 
judgment  would  dictate.  f:*'jme  have  intimated  that  there  is  a  di:-po-i- 
ti''  to  evade  the  settlement,  and  to  accomplish  nothing  this  session.  I 
solemnly  declare  'lat  I  consider  members  —  as  honest  men,  as  Nova 
Scotians,  as  liritish  subjects  —  bound  to  Ijring  the  matter  to  an  ami- 
cable close,  if  it  can  [)os>ibly  be  done  without  improper  sacrifice-. 
INIy  indivi<lual  feeling  is.  so  to  act.  to  the  be-t  of  my  ability  as  to  accom- 
plish a  settlement  on  a  jii-t  basis. 

"When  it  is  intimated  that  a  few  hundred  ])ounds  are  of  little  conse- 
quence, T  look  round,  and  see  the  many  services  to  which  that  sum  could 
l)e  beneficially  applied.  What  was  .i'lO'id  to  the  whole  Province? 
Yet  £1000,  well  employed,  might  occasion  the  (le[»arture  of  four  or  live 
whale  ships  to  the  Pacilic,  and  might  be  of  much  benetit  to  the  commerce 
of   the   country,  and   ultimately   lead   to   the    introduction  of  millions. 


|U||h 

ri 

lnl 

1 

;  1^ 

i| 

^!   :■ 

■•f ' 

: ,  . 

r\ 

u 

■V 


11 


I 

■1-;;  1  ; 


1-^ 


v^il 


!j%* 


■' ,. 


^'! 


15G 


POINTS   GAINED. 


ii 


i» 


!^ 


i 


!i 


u 


Muoli  iiidf't'd  niiglit  bo  acconiplislicil  in  a  new  country  with  tli:it  corn- 
par. it  ivcly  small  siitn.  It  niiglit  cansc  tlic  opening  of  a  tract  of  country, 
and  tlic  settlement  of  smiling  homes  in  what  else  would  he  a  howling 
uilderness  for  fifty  years  to  come.  One  view  which  should  he  taken  of 
colonial  economy  is,  that  it  would  bt!  of  t^ervico  to  the  mother  country; 
and  that  a  system  of  overpaid  colonial  ollicials  ti-anniielled  the  govern- 
ment, and  exliihited  had  examples  which  had  a  hearing  on  the  advance- 
ment of  the  whole  ompi"o.  Ihit  economy  might  be  considered  beneficial 
in  another  point  of  view.  Supposing  a  saving  of  one  hundred  pounds  is 
expended  in  opening  the  wilderness  ;  the  moment  settlers  occujjy  the  new 
line  of  road  they  begin  to  consume  Uriti.-h  manufactures.  Give  a  hun- 
dred pounds  more  than  was  re([uired  to  a  i)ul)lic  officer,  and  perhaps  it 
would  be  sent  out  of  the  country  and  lodgeil  in  foreign  funds;  woidd 
that  ever  do  lln!  same  amount  of  good  even  to  the  mother  country?  I 
liold  it  to  be  an  mianswerablt>  position,  that  for  every  hundred  pounds 
saved,  and  applied  to  internal  impi'ovement,  yo>i  fix  on  the  surface  of  the 
soil  consumers  of  British  manufacliires,  —  ami  thus  3ranche-ter  and  Bir- 
mingham have  a  direct  interest  in  iheeeononu'  of  a  distant  Colony.  Let 
us  turn  for  a  moment  to  the  opposite  side  of  the  (piestion,  and  see  how 
such  matters  have  been  hitherto  maiiiigc'd.  It  is  not  necessary  that  I 
should  revert  to  the  natural  growth  of  extravagance  in  every  new  coun- 
try: as  a  matter  of  course,  in  a  Colony,  at  its  first  settlement,  ofTicial 
men  possess  all  the  mtluencc  of  the  country.  From  the  lirst  settlement 
of  these  countries  almost  down  to  the  present  period,  those  who  had  a 
personal  interest  in  a  system  of  extravagance  possessed  all  the  influence, 
and  did  as  they  pleased.  That  inlluence  diffused  itse^  '  over  every  de- 
partment; it  was  prominent,  perhaps,  in  both  branches  of  the  Legisla- 
ture—  at  all  events,  in  one.  This  has  led  to  extravagance  in  every 
Colony,  and  we  can  easily  trace  its  efFects  in  Xova  Scotia.  A  bill  passed 
the  other  day,  reducing  the  judicatory,  and  striking  off,  as  I  reckon  it, 
£1G97  a  year.  [."\Ir.  Huntington.  This  is  not  to  be  accomidished 
during  the  lives  of  the  parties.]  I  admit  that  the  money  is  not  to  be 
saved  inuuediately,  but  the  bill  is  an  expression  of  the  oiiinion  of  this 
Assembly,  that  we  have  been  all  along  paying  two  judges  more  than 
was  re(iuired,  and  that  the  amount  of  contemplated  saving  has  been 
hitherto  wasted.  In  addition  to  this,  we  were  until  recently  paying  an- 
other £100  a  year  to  an  associate  judge.  "Wt'  were  then,  from  a  variety 
of  causes,  which  operate  in  all  the  Culonies,  paying  for  a  number  of 
years  about  £2000  a  year  more  than  our  wants  recpiircd  for  the  support 
of  the  judicatory.  That  is  the  position  I  assume,  and,  taking  a  period  of 
ten  years,  wo  have  wasted  in  this  manner,  upon  that  branch  alone  of  the 


POINTS  GAINED. 


157 


m 


If. 


public  ?prvico,  £20,000.  Anotlicr  item  wliieh  may  illustrate  the  system 
which  has  grown  up  here,  is  the  customs  cstahlishmeut.  Gentlemen 
may  suppose  that  there  is  no  use  in  adverting  to  this  now,  hut  I  think  it 
necessary  to  do  so,  that  a  general  conehision  may  be  reached.  Fixing 
for  every  ofTicer  employed  a  fair  and  liberal  remuneration,  I  can  show 
that  this  service  should  not  execed  £G000  a  year.  We  have  been  pay- 
ing £10,000;  in  this  branch,  therefore,  for  a  period  of  ten  years,  a  r>um 
of  £  10,000  has  l)een  wast(.'d.  Another  department  of  unnecessary  ex- 
pense is  suggested  l)y  this :  last  session  attention  had  been  called  to  the 
pi'opriely  of  blending  the  duties  of  the  excise  and  custom  house.  Dur- 
ing the  recess  inrpiiries  had  been  made,  and  although  the  committee 
could  not  act  ofTicially.  on  account  of  a  construction  of  Tlis  Excellency 
that  their  powers  ceased  at  the  prorogation,  yet  some  information  was 
the  result  of  their  apjiointmcnt.  Communications  had  been  made  with 
the  departments :  the  collector  of  excise  stated  as  his  opinion,  that  the 
duties  of  his  office  might  be  blended  with  the  customs  or  treasury,  and 
that  he  Avas  prepared  to  accede  to  any  such  arrangement.  Respecting 
the  customs,  the  head  of  the  department  considered  himself  bound,  on 
account  of  his  relation  with  the  home  government,  to  decline  entertain- 
ing the  proposition.  Men  of  business  with  whom  I  have  advised  on  the 
subject,  universally  stated  that  the  business  of  bo<h  offices  couM  be  per- 
formed at  the  customs  and  treasury  with  a  very  trifling  addition  of  lalior, 
which  would  be  altogether  paid  for  witli  a  very  moderate  sum;  in  which 
case  the  whole  collecti<m  of  the  excise  revenue  would  only  cost  the 
Province  £loO  per  annum.  At  [)resent  it  costs,  in  this  port  alone, 
within  £10  of  £1000.  One  man  guages  a  cask  for  the  excise,  and  an- 
other guages  the  same  for  the  custom-:,  and  two  waiters  have  to  walk 
down  on  the  same  wharf  for  tlu^  purpose  of  giving  two  permits.  From 
one  end  to  the  other  there  was  the  same  anomalous  folly,  and  vast  sums 
of  the  public  money  were  Avasted  and  destroyed.  Tlic  saving  that  might 
be  made  by  blending  the  customs  with  the  excise  was  upwards  of  eleven 
hundred  pounds.  The  waste  liy  having  two  distinct  departments  might 
be  stated  at  £11,100  in  the  last  ten  years.  Gentlemen  might  imagine 
that  this  had  l>iit  little  to  do  witli  the  day's  di-cussion,  but  they  should 
turn  their  attention  to  the  whole  sy-tein.  that  their  minds  might  be  pre- 
pared for  what  they  were  about  to  do,  and  for  other  matters  Avhich  re- 
mained to  be  performed.  Enumerating  these  services,  —  the  secretary's 
office,  the  registry  office,  and  the  crown  land  office,  —  and  stating  the  ex- 
pense of  all  at  a  liberal  rate,  on  a  higher  scale  than  they  need  be,  the 
conclusion  which  I  arrive  at  is  this ;  that  in  ten  years,  in  various  de- 
partments, we  have  wasted,  by  extravagant  expenditure,  no  less  than 
14 


ll 


iM'l 


i.il 


1,1 


!ir 


|.l^: 


!»i 


'       i 


B 


i 


T 


m 


158 


POINTS  GAINED. 


£83,000.  TliH  wa:*  not  wasted,  indeed,  in  tlio  same  degree  as  if  it  was 
thrown  into  the  sea,  heeause  nuieii  of  it  had  }^ono  into  general  eircuhi- 
tion;  hut,  as  regards  purposes  of  public  improvement,  reduction  of  pub- 
lic debt,  encouragement  of  commerce  or  manufactures,  that  £83,000  1 
contend  has  been  decidedly  wasted.  The  House  must  say  to-day  whether 
this  system  should  continue.  The  question  was  not  merely  how  the 
matter  before  the  House  should  be  disposed  of,  but  whetiier  that  system 
should  continue. 

I  have  not  prep.ired  a  proi)osition  touching  the  civil  list;  I  do  not 
j)retenil  to  guide  membei's  in  the  matter.  I  refrained  from  taking  an 
active  part  yesterday,  because  I  knew  that  if  the  Assembly  came  to  con- 
clusions which  wt)uUl  prove  unacceptable,  if  dilliculties  occurred  while  I 
took  an  active  part,  thai  would  be  given  as  the  cause,  and  I  would  be 
charged  with  making  the  disagreement,  which  I  wish  to  prevent.  1 
■waited  i)atiently,  and  listened  attentively,  until  members  all  round,  who 
•well  knew  the  resources,  and  wants,  and  wishes  of  the  country,  had  ex- 
pressed their  opinions,  and  1  did  not  oppose  their  views,  although  I  may 
ditl'er  with  them  on  some  of  the  iletails  of  this  arrangement.  1  look  on 
the  country  members  generally  as  examining  this  question  in  the  spirit 
which  has  been  breathed  into  them  by  their  constituency,  and  by  the 
situation  of  the  various  parts  from  which  they  came.  I,  who  have  resided 
in  the  capital,  know  some  expenses  incidental  to  public  situations,  and 
which  would  be  forced  on  men  holding  the  lirst  rank  in  society.  So  cir- 
cumstanced, I  may  dilfer  with  gentlemen  on  some  points ;  I  may  think 
that  larger  renmneration  is  requireil  than  what  others  consider  ample ; 
but  I  feel  that  members  of  the  House  generally  are  acting  in  the  25roper 
spirit,  and  are  a})proaching  this  question  with  manly  independence,  and 
have  expressed  broadly  anil  strongly  their  unintluenced  views  of  what 
the  arrangement  should  be.  1  have  not  attempted  to  inllucncc  opinion 
on  this  matter,  and  it  is  but  rarely  that  I  speak  out  of  this  House  on 
subjects  which  demand  attention  here.  The  better  way,  perhaps,  at  this 
time,  would  be  for  each  member  to  submit  his  own  scale  of  the  proposed 
civil  list,  and  develop  his  own  views  of  the  whole  subject ;  but  I  felt 
that  it  might  not  be  right  for  me  to  attempt  to  lead  oa  this  occasion,  but 
to  state  broadly  my  opinions  of  the  principles  which  should  govern  our 
decision,  and  then  leave  it  to  members  to  decide  as  they  think  best. 

The  propositions  of  the  honorable  gentleman  for  Cape  Breton  I  am 
opposed  to,  and  I  believe  that  they  will  not  carry  a  majority  in  this 
House.  [Mr.  Uuiacke.  They  are  not  before  the  House  at  all ;  they 
have  been  negatived.]  Respecting  the  lust  resolution  of  the  honorable 
gentleman  from  Yarmouth,  it  would  be  well,  on  it,  for  the  House  to  de- 


POINTS  GAINED, 


159 


cidc  what  their  intention  really  is.      As  to  the  sums  proposed,  I  say, 
rather  tiian  have  this  h'ft  open  year  after  year,  I  wouKl  make  some 
sacriliees  beyond  what  miffht  be  considered  merely  snllicient ;    others 
may  be  disposed  not  to  make  any  eom])romis(>  or  concession  from  what 
they  think  right.      We  slioiild  bear  in  mind  that   in  lliesi;  matters  wc 
have  to  deal  with  the  enlarged  views  of  gentlemen  in  the  mother  coun- 
try, who  can  scarcely  place  ihemselves,  even  in  imagination,  in  our  circum- 
stances, although,  by  the  dispatches,  liord  Glenelg  seems  to  have  done 
so.     AV^e  have  to  deal  with  minds  aceiislomed  to  the  alliiirs  of  a  nation 
of  vast  wealth,  to  institutions  of  great  splendor,  to  extravagant  emolu- 
ments, and  so  situated,  from  habits  and  circumstances,  that  they  can 
hardly  narrow  their  views  so  as  to  be  fit  to  deal  with  a  colony  like  Nova 
Scotia;  as  the  astronomer,  accustomed  to  scan  worlds  rolling  in  illimit- 
able space,  cannot  contract  his  vision  to  notice  the  petty  things  of  earth. 
The  Colonial  Secretary  seems  to  have  thrown  oil"  many  of  these  preju- 
dices, and  I  trust  that  he  will  remain  where  he  is  until  this  question  is 
finally  settled ;  but  members  should  not  be  alarmed  by  any  anticipations 
of  great  changes  in  the  policy  at  home,  or  by  fears  that  the  Colonial  of- 
fice may  recede  from  its  present  proposition.     One  of  the  delegates  from 
New  r>runswiek,  Mr.  Crane,  stated  in  tlu;  Assembly,  respecting  his  mis- 
sion, that  no  matter  who  came  into  oiRce,  even  if  Lord  JNIelbourne 
changed  with  Sir  Robert  Peel,  the  princii)le  once  sanctioned  with  re- 
spect to  their  civil  list  would  be  fully  recognized,  and  no  material  diflei'- 
ence  in  dealing  with  the  subject  would  be  experienced.     No  matter  who 
might  succeed  Lord  Glenelg,  the  House  might  rest  assured  that  any 
reasonable  proposition  of  theirs  would  be  accepted  in  lieu  of  these  reve- 
nues.   Another  view  of  this  subject  demanded  some  attention.     It  might 
be  said  that  the  House  should  deal  with  the  public  oflicers  as  if  they 
had  a  right  to  the  full  amount  of  their  present  emoluments.     "  Vested 
rights,"  I  admit,  should  be  fairly  dealt  with;  but  every  man  who  accepts 
a  situation,  does  so  under  the  implied  condition,  that  if  the  circumstances 
of  the  country  should  call  on  government  to  make  economical  changes, 
his  vested  rights  shall  give  way  to  a  certain  extent.     The  country  era- 
ploys  persons,  and  should  pay  them  such  adequate  salaries  as  the  Legis- 
lature should  determine.     I  am  not  disposed  to  deal  with  them  narrowly, 
but,  in  fixing  the  scale,  we  should  not  only  take  into  account  those  who 
have  too  much  at  present,  but  those  who  are  entitled  and  called  on  to 
associate  with  them,  and  to  whom  great  injustice  will  be  done  if  the 
emoluments  of  persons'  in  the  same  rank  are  put  too  high.      To  fix  two 
or  three  so  high  that  they  can  afford  to  live  extravagantly,  and  far 
beyond  the  means  of  most  others,  I  consider  to  be   a  great  social  evil. 


i; 

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POINTS   GAINED. 


You  pl.'ioo  tlifm  ill  llio  nii(l-t  (»("  ilnxc  who  cannot  conipofo  with  thoni, 
and  make  them  causes  of  luorlilicaliDii,  or  of  ruinous  [)rttciisioii.  This 
view  hliould  not  bo  lo!<t  sijiiit  of,  tliat  whatever  is  (loin;  may  bo  done 
generally;  a  scale  should  bo  dotonnincd  on  which  will  bo  satisfactory 
to  all  iiarties,  except  those,  lew  who  Mill  bo  called  on  to  make  some 
sacrifices.  Another  evil  of  attaching  extravagant  salaries  to  a  f<'\v  olfi- 
oors  is,  that  it  raises  those  persons  to  too  near  an  c(iiialily  with  the 
fJovernor  of  the  Province.  The  K.\eculi\e,  T  think,  should  be  far  above 
the  public  olhccrs,  and  he  -Iiould  be  placed,  proportionally,  as  the  King 
of  England  is  placed  among  the  (»iricial  persons  who  surround  him.  To 
give  the  Governor  only  l'2n()(),  while  the  Chief  Justice  receives  X1200, 
and  the  Secretary  .£1000,  w-ith  other  enioluinents  which  make  nj)  many 
hundreds  more,  would  not  be  in  accordance  with  the  practice  of  Groat 
Britain,  and  would  not  be  such  a  regulation  as  M'ould  give  the  Executive 
the  proper  control  of  these  functionaries.  This  may  be  designated  as  u 
theoretical  evil  merely.  I  do  not  state  it  as  a  groat  grievance,  but  ns 
one  view  of  the  (piestion  which  should  b('  taken  before  coining  to  a  final 
settlement. 

Kespecting  Now  Urunswick,  also,  it  should  be  borne  in  mind,  that  al- 
though they  gave  a  large  sum  ther(>,  they  got  nuieli  more  in  return 
than  we  can  g<'f.  The  lumbering  trade  made  the  control  of  the  crown 
lands  of  great  conse(pienco,  not  only  as  a  source  of  revenue,  but  for  pur- 
poses of  regulation  respecting  the  trade  and  commerce  of  the  Province. 
That  was  one  reason  why  a  conclusion  there  had  been  so  readily  arrived 
at.  I  do  not  say,  sir,  that  we  should  not  act  justly  and  liberally  in  this 
matter,  because  the  mother  country  has  not  so  much  to  give  us,  but  only 
argue  that  there  is  no  close  analogy  between  the  cases,  lioside  iIk;  ad- 
vantages already  mentioned.  New  Erimswick  receives  £170,000  in 
money  by  the  arrangement.  The  very  interest  of  this  sum  nearly 
amounts  to  that  given  for  the  civil  list,  or  at  least  would  meet  a  largo 
part  of  it.  Hero  wo  have  a  dt-bt  of  .£120,000 ;  there  they  owe  nothing, 
and  receive  £170,000  in  hand.  These  views  should  be  borne  in  mind, 
if  any  argument  wore  to  be  drawn  from  the  sister  Province.  I  do  not, 
however,  intimate  that  because  tlu;  bargain  is  not  so  good  our  proposi- 
tion should  not  be  reason, .l)le,  and  that  we  should  not  meet  tho  home 
government  half  way.  If  not  one  sixpence  were  to  be  gained  in  return, 
we  should  meet  the  question  ami  endeavor  to  arrange  it,  and  should  not 
view  it  as  a  mere  "bargain,"  a^i  it  has  been  termed  by  the  learned 
member  from  Queens.  "We  should  not  wish  to  degrade  the  sovereign, 
regarding  it  in  that  light,  or  assuming  that  she  intends  to  chaflfor  for  any 
improper  advantage.     The  sovereign  comes  in  a  dignified  manner  and 


POINTS   GAINED. 


101 


asks  for  an  allowanco  for  fho  olTloors  of  tlio  Colony,  oflforlMf^  those  rcvc- 
nuos  in  rftiirn,  iuul  wa  sluill  host  ixTform  our  »liity  \ty  inccling  the 
8ul.j*'('t  boMly,  antl  making  a  nnisonaI)h!  allowaniuj  for  every  essential 
sorviee,  iieeorilinp;  to  tlie  eircuinstaiu'es  of  the  country  wliosc  Ununcc:) 
wc  nro  bound  ourefully  to  superintend. 

It  has  been  intitnat(!d  that  if  we  do  not  agree  to  tlio  terms  |)ro|iosed, 
we  shall  put  ourselves  in  the  position  of  the  monareh  who  refused  the 
Sybil's  leaves ;  and  we  are  told  to  take  the  book,  th(!  whole  book,  and 
nothing  but  the  book  —  to  give  the  pound  of  llesh,  or  that  nothing 
else  will  sulfu'e.  I  do  not  view  the  sovereign  under  that  aspeet,  and  1 
only  understand  I)y  the  proposal  that  we  are  called  on  to  make  a  reasona- 
ble fullilment  of  the  contract.  When  the  honorable  gentleman  from 
Cape  lU'cton  threatens  the  penally  rcspeeling  thc-e  Sybil's  leaves,  I 
remind  him  that  those  Sybils  of  classic  times  soM  their  l)ooks,  because 
they  were  willing  to  sell  any  thing  for  money,  and  that  tluy  were  gen- 
erally under  the  control  of  the  aristocracy  where  their  altars  were 
erected.  T  am  happy  to  see  that  the  example  is  not  coiitiniied ;  there 
have  b(.'en  Sybils,  or  old  hags,  in  Downing  street,  who  Ihonglit  them- 
selves witches  when  they  tlid  not  de<erv(i  tin.'  credit,  ami  for  whose 
oracles  the  Colonial  oOicials  always  demanded  the  highest  price;  bnt 
the  present  occupant  of  that  olRce  shows  that  he  wishes  to  "  turn  over 
a  new  leaf,"  and  instead  of  binding  us  down  to  bis  oracles,  he  says, 
"Will  you  give  me  Avhat  T  ask  for  my  Iniok ;  if  not,  tell  me  what  you 
will  give?  That  was  the  proposition  of  Lord  Glenelg,  and  this  Leg- 
islature need  not  fear  the  ptmalty  which  lias  been  threatened. 

In  concluding  remarks,  sir,  which  I  fear  may  have  been  wearisome,  I 
feel  that,  perhaps,  I  should  now  submit  some  proposition  which  would  ex- 
press my  own  views.  The  subject  is  in  the  hands  of  men  who  know  the 
situation  of  the  country,  and  are  most  (lee[)ly  connected  with  its  inter- 
ests. Their  propositions  I  am  prepared  to  oppose,  or  sustain,  as  they 
may  appear  to  me  to  be  conducive  to  the  settlement  imder  consideration, 
or  calculated  to  retard  it.  I  differ  in  sonie  respects  from  the  honorable 
gentleman  from  Yarmouth,  and  am  ready  to  mak(!  some  sacrifices  for  the 
purpose  of  ensuring  an  arrangem(Mit.  I  will  not  agree  to  a  scale  which 
would  make  the  bill  rcs[)ecting  the  judiciary,  lately  passed,  so  much 
waste  paper,  and  which  would  exhibit  the  House  as  passing  one  bill  to 
save  an  expenditure,  and,  immediately  after,  another  to  reestablish  it ; 
therefore  I  could  not  vote  for  the  original  resolution  of  the  honorable 
gentleman  from  Cape  Breton.  I  am  prepared  to  make  sacrilices,  but  I 
would  not  sacrifice  too  much.  The  Governor's  instructions  I  take  to  be 
these:  if  the  legislature  should  agree  to  give  the  £8000  he  may  give  his 
14* 


'MB' 


t 
I  : 


m 


ri'i 


^1 


I 


i^ 


■A 

' 

'■1     ' 

■'11     *      i 

»■ 

;.:.:|,iJ 

i  M 

m 

1G2 


ADDUKSS   TO   Till;   CltoWN. 


If     i 


n-isi'iif  uitliMiit  n  sii>ipt'nt1in;»  cImii-'i',  I»iit  if  iiItt'ratioiH  ami  rcdiiclioiH  nro 
iiiiidi'  II  siispciuliii;;  cliiii-ii'  mii>l  In-  allaclii'il  hi'liirc  a-*»<'iit  can  I»i'  ;.nvt'H. 
I  sinccri'ly  li()|i<>,  sir,  tlial  llii-*  irii|iortaiit  <|iicsti(iii  may  lie  liiially  aixl  >at- 
islaclorily  arran^^ctl  at  this  silting;  of  tin-  li(>;,'islatiin«,  aii<l  that  it  may  bo 
till*  means  of  mutual  piolit  ami  good  will  to  thu  Culuiiy  aiid  the  inutlicr 
country. 

IJcfon'  IIk'  session  closod,  tlio  TTousc  and  tlu'  couiilry  worn 
prcpan'tl  for  another  strui!;i:;lt'  with  llic  I'^xccutivo.  'J'lie  Civil 
List  iViil,  framed  by  Mr.  lluntiii^'lon,  had  been  rejected  by  the 
Le,i,'ishitive  Conneii ;  a  bill  intended  to  re(hiee  the  cost  of  tlio 
Judicatory  had  shared  the  siiine  fate.  Tlio  only  popular  nmii 
taken  into  the  (^d)inet  had  been  eompelled  to  retire.  The  mem- 
bers of  that  Cabinet  denied  that  it  was  one  (and  for  this  it 
must  be  admitted  that  tli(>y  had  Tiord  (llenelg's  authority),  and 
only  consented  to  convey  to  the  liieiitenant  (iovernor  the 
wishes  of  the  Assembly  without  admitting  any  obligation  to 
cnforc(!  them  by  their  advice,  'I'he  following  address  was  pro- 
posed as  the  rernjHly  for  this  state  of  things,  and  after  two 
days  debate  was  iinally  adopted :  — 

We,  Your  ^lajcsty's  dutiful  and  loyal  suhjocts,  tlio  representatives  of 
tlic  I'rovince  of  Nova  Sootia,  ti'uder  to  Your  ^Majesty  oiu'  unlV'ii^ned 
acknowledj^ment?  for  the  graeiouHt  consideration  bestowed  on  the  lunnldo 
address  to  the  ennvn  passed  at  the  last  session  of  th(!  Genfral  Assem- 
bly. That  our  late  lamented  sovereign  should  have  assured  us  tliat 
"the  pjreater  part  of  the  measures  "  suggested  in  that  address '' were 
conducive  alik«!  to  the  honor  of  his  crown,  and  the  welfare  of  His 
IMajesty's  faithful  subjects  inhabiting  this  part  of  Ilis  Majesty's  domin- 
ions," deepens  the  fteling  of  regret  for  his  loss,  and  respect  for  his  mem- 
ory, whicli  pervades  the  population  of  Nova  Scotia.  That  our  gracious 
Queen  .-liould  have  couilnned  the  liberal  views  of  the  late  sovereign, 
that  she  shoulil  have  siirn;\lized  the  commencement  of  her  reij'n  by  ex- 
pressions  of  conlidence  in  this  Assemldy,  and  the  announcement  of  a 
determination  to  redress  the  grievances  of  which  it  complaine<l,  has 
excited  the  liveliest  gratitude,  and  strengthened  th(i  feelings  of  loyalty 
and  attachment  to  the  mother  country,  f'»r  which  Nova  Scotians  have 
been  so  long  distinguished. 

In  again  approaching  the  throne,  we  beg  Your  Majesty  to  believe  that 
we  are  actuated  by  no  cajnious  desire  to  intrude  into  the  presence  of  our 


:  ii 


Wl'. 


ADDRKSS   TO   Till:   (  ItOWN. 


103 


Bovoivign  willi  uiiiiii|)iirtiiiit  coiiiphiiiitH ;  Imt  «r<'  siiirori'ly  uiixioiis  to 
carry  out,  to  their  lf;;iliin;Ut>  cxtfiit,  tlu'  princiiiliM  inaiiitaiiu' 1  in  ilii-dis- 
patclu'-*  of  Lord  (JlcncI;;  of  tin'  ;{<>tli  April,  <'iili  .July,  ami  .lUt  OcIhIkt, 
IH.'IT,  ami  to  (piict  all  (pio^tioiH,  tin'  runliiiiial  a;.'ilatiiiit  ol'  wliirli  lia^s 
a  •■  mlfiicy  to  ilistiirli  lliis  Colony,  ami  oxcilt'  ili~>ati«l"ai'tioii  willi  tlio 
loral  ami  distrust  of  tlui  vIcwh  un<l  policy  ot'  tlit'  j^riicral  ^ovcrimu'iit. 

Till'  proiiiptitiidt'  witli  whicli  Voiir  Majt'siy  nni  the  wi'lics  of  your 
people,  by  dissolvinj^  the  C'oinu'il  ami  const ruclin;?  two  distinct  bodies  to 
discliarj^t!  executive  and  lc;4i^lative  finiclions,  tlcniaiids  onr  waruK.'st 
jtralilmie;  but  we  should  l)e  wanliu'^  in  our  duly,  iiuth  lo  Vour  .Majesty 
and  to  those  wo  reproseni,  if  we  did  not  rcspectfidly  show  to  Vuiu'  .Maj- 
esty, that,  in  the  Ibrniatioii  of  tho^e  boilic-;,  the  wi>h('s  ot' this  Assembly, 
nn<l  the  wholesouio  principles  announced  in  the  dispatches,  have  not  been 
Ibllowed  out. 

One  point,  to  which  the  alteulion  of  the  crown  was  called  in  ihe 
address  of  last  session,  was  the  pn-ponileranee  in  the  ('ouinils  dl'  the 
coiuitry  ;:iveu  to  one  i'elii;;ious  body,  einl)rac'inj;  but  a  fifth  of  the  popu- 
lation, over  tho,«e  of  which  the  other  foiu'-liflhs  were  coni|)osed.  The 
reasonableness  of  this  eoniplaiiit  was  fidly  acknowledi^ed.  "  It  is 
impossible,"  saiil  the  Colonial  Secretary,  in  the  dis|»atcli  of  the  .")Oth 
7\pril,  "that  distiiieiioiis  so  invidious  should  not  be  productive  of  serious 
discontent."  The  directions  j^iven  upon  this  point  were  clear  and 
exjdicit.  Iveconinieudatioiis  were  to  i)e  "altoi^ether  uninllueneed  iiy  any 
consideration  of  the  relation  in  which  the  proposed  Councillors  nii<j;ht 
stand  towards  the  Church  of  England,  or  any  other  society  of  Christians  ;" 
care  was  to  be  taken 'Mo  avoid,  as  far  as  possible,  such  a  selection  as 
niijiht  even  aj)pear  to  have  been  ilictated  by  motives  of  this  iK'scription  ;  " 
and  "oven  the  semblance  of  undiK!  favor  to  any  particular  church  was 
to  be  avoided."  These  commands,  founded  in  justice  and  sound  itolicy, 
were  reiterated  at  the  close  of  the  disptitch  of  the  olst  of  October,  in 
■which  Your  Majesty  directed  that  tht;  new  Councils  should  be  composed, 
"not  only  without  reference  lo  distinctions  of  religious  o(tiuions,  but  in 
5uch  a  manner  as  to  all'ord  no  plausible  ground  ibr  the  suspicion  that  the 
clioice  was  influenced  by  that  consideration."  >Such  being  the  gracious 
intentions  of  Your  Majesty  —  intentions  Avhieh,  if  once  fairly  carried 
out,  would  tbrever  remove  from  the  I'rovince  those  jealousies  that  the 
apparent  preference  given  by  the  local  government  to  one  class  of  Chris- 
tians over  all  others,  is  but  too  well  calculated  to  inspire  —  your  loyal 
subjects  observe  with  surprise  and  regret,  that  in  the  new  Executive 
Council,  as  lately  remodelled,  five  of  the  nine  gentlemen  of  which  it  is 
composed  are  members  of  the  Church  of  England,  and  that  eight,  out  of 


t^mm 


'  ii 


'.r'T 


l;*.fljii  |1' 


;i.iif 


i        l;f' 


11 


164 


ADDRESS  TO  THE  OROWN. 


'    i 

■i-  : 

;i 

II 

'"l 

!  i. 

% 

i ' ' 

i 

i. 

the  fiftoon  who  form  the  LogishUivc  Council,  arc  also  members  of  that 
church,  Ilis  Lordship  the  Bishop  bf'ing  one. 

Though  fully  appreciating  the  delicate  and  difficult  nature  of  the  task, 
which,  in  th<>  arrangement  of  these  two  bodies,  devolved  on  Your  Maj- 
esty's representative  in  ibis  Province,  and  which  was  heightened  by  the 
obligation  to  consult  the  feelings  and  admit  the  claims  of  many  members 
of  the  former  Council,  this  Assembly  humbly  conceive  that  this  unwise 
distinction,  by  wliich  a  Clear  majority  is  still  given,  in  both  Councils,  to 
one  body  of  Christians,  embracing  but  a  fifth  of  our  population,  is  as 
justly  ol)i<'ctional)le  no\v,  as  the  former  arrangement,  based  upon  the 
same  policy,  was  in  1837. 

In  some  other  respects,  it  appears  to  this  Assembly  that  the  wise 
directions  of  Your  Majesty  have  been  overlooked.  The  dispatch  of  the 
30lh  of  April  contemplates  a  fiiir  representation  in  the  Councils  of  "  all 
the  {>reat  interests  of  the  I'nnince ;  and  the  appointment  of  persons 
connected  not  merely  with  the  capital,  but  with  the  other  principal 
towns,  and  with  the  rural  districts."  The  composition  of  the  Legislative 
Council  shows  that  more  than  one-half  the  members  still  reside  in  the 
town  of  Halifax  ;  that  while  the  legal  profession  sends  six  members  out 
of  fifteen,  tiie  agricultural  interest,  that  which  in  this,  as  in  most  other 
countries,  lies  at  the  foundation  of  all  others,  and  embraces  the  greatest 
amount  of  population,  ])roperty,  and  general  intelligence,  sends  but  two. 
Had  such  a  di-i)ro[)ortioii  been  Ibrced  on  the  local  government  by  any 
regard  to  the  peculiar  claims  of  former  Councillors,  or  any  palpable 
necessity  growing  out  (jf  the  circumstances  of  the  country,  the  represent- 
atives of  the  people  might  have  seen  less  reason  to  comj^lain ;  but  they 
would  be  wanting  in  their  duty  to  Your  Majesty,  if  they  did  not  frankly 
declare,  that  in  this,  as  in  other  respects,  the  gracious  intentions  of  the 
crown  do  not  appear  to  have  i)een  fulfilled.  The  desire  of  Your  Majesty 
"  to  entrust  the  'uties  attached  to  members  of  the  respective  Councils, 
to  gentlenifu  entitled  to  the  confidence  of  the  great  body  of  the  inhabi- 
tai:ts,"  would  seem  to  have  given  i)lace  to  influences  in  the  Colony,  politi- 
cal or  rciiLiiuus,  against  which  the  representatives  of  the  peojjle  have 
often  had  to  contend,  liut,  without  dwelling  on  what  appears  to  this 
Assembly  a  marked  departure  from  the  spirit,  if  not  the  letter  of  the 
dispatches  submitted  to  us  by  Your  jMajesty's  command,  we  owe  it  to 
our  sovereign  —  to  the  desire  for  mutual  confidence  between  Her  Ma- 
jesty and  her  loyal  subjects  in  this  Province  —  humldy  to  declare,  that, 
wdiile  in  both  Couneils,  as  at  [iresent  constituted,  there  are  members  who 
are  friendly  to  a  liiieral  policy,  the  majority  are  known  to  be  unfavora- 
ble to  many  of  those  reforms  which  the  people  of  this  Province  anxiously 
desire  in  their  histitutions. 


ADDRESS   TO   THE   CROWN. 


1G5 


In  approaching  those  financial  questions,  in  the  final  arrangement  of 
which  we  feel  a  deep  interest,  from  the  iniiiorlant  bearing  tliey  liave  on 
the  peacefiil  development  of  our  rcjsourees,  and  the  i)reservation  of 
those  ''moderate  and  .simple  habits,"  wliich,  in  a  young  country,  are  the 
best  guarantic:?  for  public  virtue  and  i)rivate  happiness, —  tlii.s  Assembly 
are  embarrassed  by  tht;  dllliculty  of  conveying  to  their  sovereign  an 
adequate  conception  of  tlie  weight  attached  Ity  their  constitueiiis  to  a 
wise  and  satisfactory  ap[)licatiun  of  thcj.-e  principles  of  economy,  an- 
nounced by  Your  Majesty  in  the  dis[)atch  of  the  01st  of  Ocliiber,  from 
the  nol)le  Secretary  of  State.  Tlic  natural  tendencies  of  a  colonial 
government  favor  the  growth  of  a  pernicious  system  of  olhcial  extrava- 
gance. In  the  early  history  of  a  Colony  its  public  olhcers  receive  tlieir 
appointments  from,  and  have  their  emoluments  fixed  by  [lalnm^  in  the 
metropolitan  state  —  often  but  ill  informed  as  to  the  labor  reipiired,  or  the 
slender  resources  aflbrded  by  the  Province  into  which  they  are  sent. 
Wlien  a  Legislature  is  conceded,  for  a  series  of  years  it  is  influenced  or 
controlled  by  those  who  ought  to  be  subjected  to  its  autliority,  Ijiit  who 
surrounding  the  Executive,  and  dispensing  its  j^atronagc;  —  occujjying 
the  seats  of  one  branch,  and  tlirougli  tlieir  friends  and  di'peudents, 
stimulating  to  extravagance,  or  neutralizing  the  efibrts  of  the  other — often 
denounce  as  disloy;d  evei-y  effort  of  thos('  who  si.'.'k  to  enforce  economy 
and  popular  control;  and  weaken  the  atlaehment  of  the  peo[)le,  by  mak- 
ing the  sovereign's  name  and  delegated  authority,  the  sanction  for  every 
abuse.  Nova  Scotia  has  had  her  share  of  tliese  evils  ;  she  has  them 
now;  but  her  representatives  hail  with  satisfaction  the  assurance  given 
by  Your  Majesty  that  they  shall  exist  no  longer ;  that  while  Your 
Majesty  graciously  admits  the  right  of  this  Assembly  to '•  control  and 
appropriate  the  whole  public  revenue  arising  in  the  I'rovince,"  Your 
Majesty,  in  the  spirit  of  that  Constitution  which  guards  alike  the  prerog- 
ative of  the  Crown  and  the  property  of  the  humblest  of  its  subjects,  also 
recognizes  it  as  our  privilege  and  duty  to  fix  the  amount  of  remuneration 
which  every  public  officer  maintained  from  those  revenues  should 
receive. 

With  a  view  to  a  permanent  settlement  of  the  civil  list,  and  transfer 
of  the  crown  revenues,  a  bill  was  passed  by  tlni  House  in  this  session, 
granting  to  the  preserit  Lieutenant  Governor,  during  his  continuance  in 
office,  the  amount  which  he  now  receives  ;  and  for  his  successor  the  sum 
of  £2000  sterling  per  annum  ;  to  the  j)resent  Chief  Justice  a  larger 
amount  than  is  now  borne  upon  those  revenues ;  and  to  the  I'uisne 
Judges  permanent  salaries  somewhat  higher  than  those  to  which  they 
arc  now  by  law  entitled.     These  salaries,  the  representatives  of  the  peo- 


t.'l 


'.'.' .  J 


16G 


ADDRESS  TO  THE   CROWN. 


11.  ' 


I* 


pie  believe  to  be  adequate  to  maintain  the  dij^nity  ami  independence  of 
the  Judiciary  ;  to  attract  to  the  bench  the  hijriiest  order  of  the  Icjral  tal- 
ent which  the  Colony  aflbrds,  and  to  provide  for  the  .stated  and  tirni 
administration  of  justice  in  every  county. 

Your  Majesty  will  perceive  tiial  the;  ])rovisions  of  this  Itill  differ  from 
the  scale  submitted  by  the  noble  Secretary  of  State  for  the  Colonies,  to 
this  extent ;  that  his  Lordship  contemplates  an  abandonment  by  the  Chief 
Justice  of  the  fees  taken  by  himself  and  the  other  judges,  and  which 
the  Connnons  of  Nova  Scotia  have  repeatedly  endeavored  to  abolish. 
Having  declared  them  to  be  unconstitutional  and  illegal,  they  cannot 
recognize  any  right  in  the  judges,  fotmded  on  the  mere  fact  of  their  rc- 
eeption.  In  making  a  small  addition,  therefore,  to  their  salaries,  the 
House  was  governed  l»y  a  desire  that  their  remuneration  shoidd  be 
adequate  to  the  responsibilities  of  their  stations;  in  declining  further  to 
increase  the  salary  of  the  Chief  Justice,  they  felt  that  it  was  already 
ample,  —  higher  (ban  they  were  justified  in  giving  to  his  successor  in 
office,  —  and  above  M-hat  the  state  of  society  and  the  resources  of  Nova 
Scotia  wouM  warrant.  The  Assembly,  though  they  have  ventured  to 
differ  with  Your  IMajesty's  government  as  to  the  amoimt  to  be  paid  to 
some  of  those  oflicers,  readily  concur  in  the  wisdom  of  provitling  for  their 
support  by  a  permanent  enactment.  They  re])udiatc  the  claim,  set  up 
elsewhere,  that  even  the  highest  public  functionaries,  in  a  colony,  should 
de))end  upon  annual  or  semi-annual  votes  of  the  pojtular  branch.  Aa 
British  subjects,  tlu^y  are  anxious  that  the  representative  of  their 
sovereign  should  be  maintained  in  a  position  of  dignillcd  independence, 
and  that  those  who  are  to  administer  the  laws,  and  guard  the  justice 
of  the  coimtry,  should  be  luibiassed  by  pecuniary  considerations.  In 
reviewing  the  salaries  of  th(!  I'rovincial  Secretary,  and  of  the  crown 
oflicers,  the  Assembly  have  not  considered  that  the  necessity  for  making 
these  permanent  was  the  same.  TIk;  jtractice  is  not  sanctioned  by  that 
of  the  mother  country  ;  and,  although  the  duties  to  be  discharged  by  those 
officers  ar(?  of  the  highest  iin])ortance,  the  Assembly  conceive  that  like 
others  who  have  been  liberally  provided  for  in  the  anniial  apjiropriations, 
andwho^e  emoluments  once  tixc(l  ;ir<'  rarely  diminished,  they  may  safely 
be  confided  to  the  justice  and  lilierality  of  the  n  presentative  bran<'h. 

In  considering  the  salary  of  the  Secretary,  the  House  has  acted  on 
the  deliberate  conviction  that  it  is,  and  has  been  for  many  years,  far  too 
high.  That  officer  also  holds  the  situation  of  Registrar  of  Deeds ;  and 
besides  the  very  large  amount  received  in  Ilalifiix,  shares  the  registra- 
tion fees  with  all  the  deputies  throughout  the  IVovince.  If  left  in  the 
full  possession  of  hia-  present  emoluments,  he  will  be  in  the  receipt  of  a 


a 
r( 


hi 


f 

'4 

i; 
1                   [ 

ADDRESS  TO  THE  CROWN. 


167 


I  •/ 1 1 


sum  not  far  sliort  of  that  offered  fov  tlie  fiidire  salary  of  the  Lieutenant 
Governor ;  and  this  House  humbly  conceive  that  a  sy.<tem  which  raises 
a  few  oflicers  to  .so  near  an  equality  of  remuneration  with  the  Queen's 
representative,  weakens  the  inllueuce  which  he  should  exercise  over 
every  department,  and  in  the  local  society ;  while,  at  the  same  time,  it  is 
unjust  to  other  otlicers  of  eipial  rank,  and  j)crforming  duties  of  kindred 
responsibility,  but  who?o  emoluments  have  been  regulated  by  the  local 
legislature.  The  Assembly  believe  liiat,  from  the  operation  of  causes 
already  stated,  the  sums  withdrawn  fur  the  supjxjrt  of  this  department 
have  been  always  extravagant  ;  they  could  show  to  Your  Majesty  that 
in  a  period  of  ten  y(!ar.;,  £10,()UO  have  been  lavished  upon  it  which 
might  have  been  more  wisely  appropriated  to  purposes  of  internal  im- 
provement;  and  they  feel  confident,  iliat  in  fixing  the  prospective  salary 
of  the  Provincial  Secretary  at  the  same  rate  at  which  it  is  proposed  to 
pay  the  judges  of  the  supreme  court,  they  should  act  with  a  due  regard 
to  the  resi)ectability  of  the  oOlce,  and  to  tlie  confidence  reposed  in  them 
by  Your  ^Majesty. 

In  promptly  voting  permancnit  salaries  to  th(;  Lieutenant  Governor 
and  the  judges,  this  Assembly  feel  that  they  have  vindicated  themselves 
from  any  suspicion  of  a  de.-ire  at  any  future  jjcriod  to  embarrass  the 
general  or  local  government  by  a  I'actious  or  impolitic  stoppage  of  sup- 
plies. r>ut,  as  thev  have  ventured  to  dilfer  from  some  of  the  views 
exhibited  by  the  Colonial  Secretarv,  as  to  the  amount  of  some  salaries, 
and  the  permanence  of  others,  they  deem  it  right  to  ac(piaint  Your 
Majesty;  that,  besides  the  ofiicers  nam(>d  and  the  amount  included  in  the 
sum  proposed  to  be  granted  as  a  civil  list,  the  Province  pays,  under  per- 
manent laws,  a  ^Master  of  the  Kolls  and  four  other  judgi's,  at  an  annual 
cost  of  i!21")0  currency;  and  that  out  of  a  gross  receipt  of  i!C0,()O0, 
including  the  crown  n.'venues  proposed  to  be  surrendered,  and  all  the 
taxes  collected  under  Imperial  ami  Provincial  Acts,  there  will  be,  on 
the  passage  of  such  a  law  as  this  Assemljly  propose,  no  less  a  sum  than 
£00,<)0(>  permaiunuly  ai)[)ro[)riated  for  ihe  support  of  the  Provincial 
Government ;  while  the  sums  included  in  the  Annual  Appropriation  Act, 
for  indisi)en,-able  public  service.^,  amounting  to  neai'ly  £1.'j,00<>,  leave 
only  Xl."),nOO  ut  the  disposal  ol'  tli(.'  Assembly,  to  be  applied  to  tlie  rcjiair 
of  roads  and  bridges  and  the  internal  improvement  of  the  country.  'Hiis 
frank  exposition  of  the  state  of  the  Province,  its  revenues,  mul  expendi- 
tures, we  trust,  will  convince  Your  IMajesty  that  in  somewhat  reducing 
the  scale  fixed  by  Lord  Glenelg,  the  representatives  of  the  people  have 
acted  with  a  due  regard  to  the  interests  intrusted  to  their  care;  and  that, 
in  hesitating  to  add  to  the  already  large  amount  of  permunent  salaries, 


I. 'I 


'     !  '     'I 
,1  i 


i 


f  i 


\  1 

\. 

\ 

\i 

s. 

r 


1G8 


ADDRESS   TO  THE   CROWN. 


they  Iiavo  but  iinitntcd  llio  example  of  tlio  Iinperlal  rarliameiit,  wliieli, 
while  it  |irovi»les  (hiring  the  life  of  the  sovereign  a  permanent  eivil  list, 
by  iiarrowinir  as  much  as  possiljlc  the  range  of  t;iieh  appro[)riation?, 
wisely  subjects  every  departinent  to  some  degree  of  popular  inlhiencc 
and   control. 

Among  the  evils  Avhich  have  grown  up,  from  the  causes  already 
referred  to  as  ojterating  to  a  certain  extent  in  (n'cry  Colony,  there  is 
none  which  has  more  heavily  burthened  the  industry  of  the  peoidc  of 
Nova  Scotia,  than  the  mode  of  collecting  th(>  duties  levied  under  the 
Impei-ial  and  Trovincial  Slat  ales.  Tlie  duties  received  I»y  the  Colonial 
revenue  department  heic,  are,  like  llie  duties  collected  under  Acts  of 
Parliament,  laid  exclusively  on  imports.  One  set  of  officers,  the 
Assembly  conceive,  would  tlicrefon;  be  sufricieiit  to  collect  the  whole; 
and  tliey  can  si'e  no  reason  why.  if  Your  iNIajesty's  government  Avould 
sanctidu  the  arrangement,  nearly  llu  whole  expense  of  maintaining  one 
of  these  departments  might  imt  be  i'eirench(Ml.  The  cost  of  the  Colonial 
revenue  olhce,  in  th(>  port  of  Halifax  alone,  amounts  to  about  £1000; 
£1200  of  whi<'h  might  be  saved  by  adding  one  clerk  to  the  Customs  and 
one  to  the  Treasury,  with  two  extra  tide-waiters.  The  i)rincij)al  ollicers 
of  the  Customs  do  not  feel  lliem-elve-;  at  liberty  to  entertain  any  such 
proposition,  without  the  assent  of  the  Lords  of  the  Treasury  at  home; 
and  we  have,  therefore,  humbly  to  re([uest,  that  such  directions  may  be 
given  in  this  behalf,  as  may  authorize  the  Assembly  to  pass  an  Act  for 
so  desirable  and  useful  an  object.  It  is  also  incumbent  upon  us  to  cull 
the  attention  of  Your  ^lajest}'  to  the  jji-cppi-iety  of  sanctii  a  prospective 

reduction  of  the  expenses  of  the  Customs  Di.'partment  in  this  Province. 
Prior  to  1820,  the  oflicers  were  rennuieraled  by  fi'cs.  ;md  when  a  scahi 
of  permanent  salaries  was  a<lopted,  these  Avere  regulateil  by  a  regard  for  the 
vested  rights  of  parties,  who  clainu'il  extravagant  sum<,  u[)on  the  ground 
that  a  reduction  to  a  rate  eon>islent  Avitli  the  resoiu'ces  of  the  Colony 
w'ouM  deprive  them  of  too  large  a  portion  of  what  they  h.ad  been  ac- 
customed lo  receive.  Tho  whole  expense  of  this  department  has,  since 
1820,  exceeded  the  enorni(ii<  sum  of  t'lO.ooi^  currency  per  annum.  Its 
duties  would  as  elliciently  lie  pei-formeil,  in  addition  to  the  collection  of 
the  Colonial  I'evenue.  liir  about  XOOllO;  ;uid  it  is  a  soiu'ce  of  deep  regret 
to  this  Assembly  and  their  constituent-;  that,  in  these  branches  of  the 
public  service,  beside-  the  i'2ri.000  which  was  fi-eely  conceded  by  the 
Act  (.f  1S20,  a  sum  not  le-^s  than  I'lO.OOO  has  been  wasted  within  the 
last  ten  years,  which  a  system  of  judicious  economy  might  easily  have 
saved.  "Without  attempting  to  intert'ere,  therefore,  with  the  emoluments 
of  the  present  ollicers,  or  seeking  to  dimini-Ii  their  incomes,  this  House 


I''  ;:j.!I 


ADDRESS    TO    THE    CliOU'N. 


1G9 


ills 


stronirly  rccomiiK'nd  tliat  the  sciilc  of  sjilaric-;  f^ir  tnliiiv  iiicnmlx'ul^; 
shoulil  bo  rt>vi>(Hl ;  witli  a  v'u'W  to  such  a  rcdiiclion  a>,  wliilc  it  will  ain])ly 
maintain  tin'  cstablislinifnt,  and  secure  obedience  to  Acts  of  Tai'liaiuent, 
and  tlie  enforcement  of  the  provisions  of  Provincial  statutes,  will  not 
consume  so  lar;j;(>  a  ])ortion  of  the  public  revenue  nor  excite  dissatisfac- 
tion and  complaint  amoni^  the  jjcople,  I'rom  whoso  industry  til"  taxes, 
both  Imperial  and  Provincial,  are  raised. 

Tlw.'re  is  another  topic  which  the  AssO^nbly  are  desirous  of  urging  on 
the  atleulioii  of  Your  ^lajesty,  as  allecting  the  conuaercial  intorosts  and 
prosperity  of  thi.^  I'rovince  in  the  hiirliest  deirree.  The  gradual  exten- 
sion of  th(^  principle  of  Free  Trade  to  the  Colonies,  since  the  Imperial 
Act  of  1<S2(!,  ha-  lieen  productive  of  tho  li;ipi)!esl  ellects,  and  the 
experience  of  it-;  operation  in  tin'  pons  that  liave  ])een  permitted  to 
enjoy  an  uiu'c^trictcd  Intercoui'se  wilh  forei;_ni  couiilrie-:,  conformably  to 
the  law  as  it  now  stand<,  has  impres.-ed  the  Assemldy  with  a  conviction, 
that  if  all  other  ports  wlierc  there  is  a  custom-house  olficer  were  declared 
free,  tiie  mercantile  and  shippim^  interests  Avoidd  bo  lai'gely  benefited ; 
the  illicit  trade  that  now  exists  to  an  alarming  extent  "would  be  checked, 
and  our  exports  increased  in  value. 

I'iie  House  set'  no  i-eason  to  fear  an  equal  open  competition  belweon 
the  indu>try  of  theii-  constituents  and  tha'  of  any  other  nation.  They 
are  sati^licd  ihat  obedience  to  the  Acts  of  the  Imperial  I'arliamei.i  may 
be.  sulllciontly  enforcec!  l)y  th(^  present  oflicer.s  of  the  customs,  or  by 
others  whom  the  fiuid-  already  a.-->.  aed  for  that  service  will  amply 
renuuiei'ale,  and  eai-ne-tly  liopt'  that  Your  JNIajosty's  government  will 
yield  to  the  repeated  repre-entations  of  the  Assembly  of  Xova  Scotia, 
and  jiirmit  every  port,  where  a  cu.-Iom-houso  ollicer  i.i  -iatioued,  to 
enjoy  the  privileges  of  a  I'ree  port. 

Ill  concluding  this  addn/ss,  the  Assemldy  are  bound  lo  acknowledge 
tlie  aid  which  they  at  all  time-;  receive  tVoin  lli<  KxcelhMicy  the  Lieu- 
tenant Governor  in  the  [U'o-ecution  of  mea-ure-;  intended  for  the  general 
,'n)od.  ]\rosl  of  the  evils  of  which  thev  complain  have  arisen  from  causes 
that  exi^ted  before  ll's  I'^xcelleiicy  caiiK^  lo  the  Colony,  and  it  would  be 
expecting  too  much  to  re(|uire  that  they  should  be  removed  in  a  single 
year,  under  the  ino>t  impartial  administration. 

This  luUli'css  was  sharply  coiiiiueulcd  on  by  Sir  Colin  Camp- 
bell, ill  a  closinej  speech,  wliieh  may  be  read  now  us  a  curiosity 
of  political  literature.  No  ifovernor,  surrounded  by  a  responsi- 
ble ministry,  lias  ever  imitated  the  style  of  those  siniifular 
documents,  at  that  period  itnfortuiiatcly  too  common,  in  which 

15 


i  :    I:';! 


V  H 


lii 


170 


CANADIAN   AFFAIRS. 


'  ■11 


the  Queen's  roprosonlatives  llinist  llicnir^clvos  iiilo  the  fore- 
ground to  shelter  their  advisers,  ;ind  hector  the  Parliaments 
which  they  had  not  the  skiU  or  inlhienci"  to  controL 

The  allairs  of  Canada  enga<ifed  a  j^ood  deal  of  public  atten- 
tion in  this  Province  throughout  the  winter  of  1838.  The 
insurrection  in  Lower  Canada  had  been  sui)prcssed,  but  fight- 
ing with  Am(>rican  sympathizers  and  fdlibusters  still  continued 
along  the  frojitier  lines.  'Nothing  could  l)e  better  than  the 
spirit  evinced  r.!  this  period  in  all  the  lower  Provinces.  The 
attempt  to  comu'cj  the  Nova  Scotia  reformers  with  treason  and 
rebellion,  had  been  defeated  by  the  publication  of  I\Ir.  Howe's 
letter  to  ]Mr.  Chapman,  which,  when  republished  in  England, 
elicited  the  higlu'st  conunendation  from  the  London  })ress.* 
Meetings  to  express  loyalty  to  tiu;  sovereign  and  a  determina- 
tion to  maintain  the  integrity  of  tin;  empire,  were  held  in  all 
parts  of  this  Province,  and  everywhere  mianimity  and  good 
feeling  prevailed.  The  leading  reformers  of  Nova  Scotia  had, 
at  this  })eriod,  a  delicate  duty  lo  perform.  Up  to  a  certain  pe- 
riod they  believed  that  tlu^  Parliamentary  majorities  in  both  the 
Canadian  Provinces  had  been  in  the  right,  struggling,  as  they 
were  struggling,  for  the  redress  of  grievances  indigenous  to  the 
old  Colonial  system,  and  for  the  establishment  of  executive  re- 
sponsibility, without  which  there  mu.  .  always  be  danger  of 
deep-rooted  discontent  and  hostile  collisions.  The  minorities 
in  all  the  Provinces  naturally  desired  to  make  j)olitical  capital 
out  of  these  absurd  insurrections.  It  was  clearly  the  interest 
of  the  majorities,  as  it  certainly  was  the  duty  of  statesmen, 
everywhere,  to  pluck  the  ilowi-r  safety  out  of  the  nettle  danger  — 
to  define  and  preserve  what  they  approved,  while  eondenming 
what  they  disapproved ;  to  guard  Iler  JNIajcsty's  government 
from  the  fatal  error  of  attempting  to  perpetuate  a  system  which 
had  already  produced  such  dejjlorable  results,  and  which  ex])e- 
rience  had  show'u  to  be  untenable.  Of  this  duty  I\Ir.  IIowc 
discharged  himself  in  a  sj)ecch  d(;livcrcd  by  him  on  the  IGth 
of  April,  and  which,  as  our  object  is  to  preserve  his  sentiments 
on  all  sorts  of  f^ubjects,  we  have  extracted  as  it  stands  in  the 
reports.     The  Constitutional  Association  of  Montreal  had  sent 

*  See  article  from  the  Londou  Morning  C  ironicle.    Appendix. 


n 


CANADIAN   AFFATHS. 


171 


nil  !u 


l(lr(«<s  <()  llic  (lillcnMit  ('()loiii;il  Lcii^isliiturpj^.     Rosolniinns 


Jii   answer   Ii:hI  hccn   iiiovcc 


1  I) 


(1   l)v   Mr.    I 


iiiMckc,  iuid  others  pro- 


posed   ill   iiinendnieiit    by   Mr.   Yoniiif.      Mr.   IIowi'  spoke 


;is 


follows :  — 


iiig 


,)e- 
)we 
Gtii 

'lltS 

Ihc 
sent 


lie  suiil  tlmt  lie  uoiild  Ix'  li:i|Miy  lo  lmvc  Iiis  views  on  this  siiltjcct, 
but  that  MS  ^('iitk'Hicn  who  Imd  just  spolvcii  hii<l  expressed  (hem  to  a 
considerable  extent,  lie  il'lt  willinu;  to  wait  i'or  opinions  on  the  opposite 
side  whieli  might  have  some  eirecl  on  his  mind,  or  call  t()r  a  re[»ly.     It 


was  not  Ins  onstom  to  alu)W  j^oneral  mea-nres  to  pass  wniiont  expressing 
his  oiiinions,  but  as  the  business  oi'the  session  had  been  broiii^ht  so  near 
:i  close,  and  as  a  discussion  had  occurred  on  a  previous  day  ri'S[)eetiiig 
the  new  position  in  which  the  Governor  (Jeiieral  stood  to  the  Provinces, 
he  did  not  suppos*^  that  this  subject  would  be  fully  taken  np  during  the 
session.  As  the  subject,  however,  had  arisen,  he  had  no  objection  to  enter 
into  its  discussion  unprepared,  comparatively,  as  Ik.'  was.  Neither  of  the 
scries  of  resolutions  submitted  exactly  expressed  his  views,  lie  had  pre- 
pared a  series  himself,  but  had  no  wish  to  press  them,,  and  had  handed 
them  to  the  honorable  and  learned  member  i(,)r  Inverness,  that  he  might 
engraft  some  of  them,  if  he  wished,  on  his,  and  so  that  there  might  be  only 
two  sets  of  resolutions  befiin;  the  House  instead  of  three,  as  there  would 
be  if  lie  moved  his  own.  lie  ap|)roved  of  the  resolutions  of  the  member 
for  Inverness,  rather  than  those  of  the  member  for  Richmond,  and  had 
expressed  his  willingness  to  give  them  his  su]iport.  The  first  resolutions 
moved  called  on  the  House  to  enter  more  broadly  into  the  views  of  the 
•' Constitutional  Association  of  Montreal"  than  he  i'elt  dis})osed  to  do. 
In  that  Association  there  were  many  men  of  reputation,  and  respecta- 
bility, and  independene(>,  but  besides  these,  nearly  all  of  the  ollicial  men 
of  the  city  were  members;  those  who  ojtposed  every  attempt  at  political 
improvemcMit,  every  measure  likely  to  promote  the  general  satisfaction, 
and  whose  object  was  to  support  that  exclusiveness  and  ascendency  which 
liad  done  so  much  evil.  Men  such  as  these  had  for  years  misled  the 
British  government ;  to  bolster  up  high  salaries  and  political  ascendency 
in  all  the  Colonies,  they  had  made  themselves  active  in  supplying  false 
information  to  a  government  which,  of  itself,  was  always  disposed  to  do 
justice.  He  wonl<l  not  rais(i  his  voice  in  that  House  to  abet  rebellion 
elsewhere ;  and  whenever  he  felt  it  necessary  to  ilo  so,  he  had  stated 
liis  views  on  thai  head,  and  had  uniformly  asserted  that  there  was 
nothing  in  the  state  of  the  Caiiadas  to  justify  a  resort  to  arms.  Even 
if  the  vebijlion  could  lie  justilied,  and  if  it  were  successful,  there  was  not 
the  dilfnsion  of  knowledge,  or  moral  or  political  power  in  the  country, 


! 


V.    11 

a 


>   5 


.4 


172 


CANAni.W   AFFAinS. 


1  %  ^ 

■'V: 

:|: 

;        .       1 

ifLHi 

sufTicifMit  to  fst;ililMi  ;i  ptvcrmuciit  ms  j.'"'"!  Ji-^  ll'.'it  wliii'li  tlu'y  ciulo.iv- 
orcil  (()  ovcrilii'ow.  lie  mitilit  lie  cliai-i,'!!!  willi  ludiliiig  pt'culiiir  opiniona 
on  govcriiiuciil,  l)ut  il'  lie  I'l  It  iiiiicli  more  ravoraltli!  to  ilic  repiililican 
form  tli.'iii  lie  (lid,  lie  wdiiM  not  :itlem|it  to  eslahlisli  it  in  any  J'l'ovincc 
■\vhere  the  body  of  tlie  |ie(i|ile  were  uneducati'il.  It  liad  been  tried  in 
{\io.  poiilliern  ])art-i  of  America,  and  tlii^  result  was  disastroii-: ;  contest 
after  ennle-t  oceui'i-ed.  one  tyrant  ro-;e  ii[)  to  dls[(laee  anotliei",  and  to  be 
pet  asidi'  liiniself  by  .-onie  adventni'er  as  reckless  and  more  powei-ftil ;  — 
a  political  chaos,  ruinons  to  all  imi)i'ovenient,  overspread  tlie  land.  For 
tliesc  reasons  li(>  felt,  that  when  any  portion  of  the  Canadian  I'apineaii 
party  put  themselves  in  arms  again-^t  the  government,  they  did  what  was 
absurd  and  ridiculous  as  well  as  mischievous,  —  wliat  was  destructive  lo 
their  own  constitutional  power,  and  what,  if  successfid,  could  not  produce 
any  thii\g  that  would  compensate  for  the  evils  by  which  it  would  inevita- 
bly be  j)r':'edi'd.  He  would  o|>enlyand  broadly  iivow,  that  that  rebellion 
was  impoli'ic,  unju-.tillable,  and  cruel,  both  as  regarded  iIk;  party  making 
the  attempt,  and  the  mother  countiy  whose  yoke  was  attempted  to  be 
cast  ofT.  The  House  was  now  asked  by  the  Montreal  Association  to  ex- 
press an  oj)inion  on  the  subject,  but  it  shoidd  not  be  an  opinion  which 
that  party  could  construe  into  a  sanction  of  their  views  an<l  actions;  that 
House  ^hould  not  encourage  tlie  parly  alluded  lo,  in  their  attempt  at 
placing  their  feet  on  the  necks  of  their  lellow  subjects,  many  of  whom 
were  as  good,  and  as  loyal,  and  as  patriotic  as  themselves.  Previous  to 
the  rebellion,  and  since  it  Avas  suppressed,  the  press  with  which  that 
party  was  identilied  exhibited  a  spirit,  which  ran  through  most  of  their 
public  documents,  quite  as  bad  as  any  thing  which  appeared  at  the  other 
side. 

Up  to  1828,  as  had  been  observed  by  the  member  for  Inverness,  an 
authority  sent  from  liome,  the  secretary  to  the  late  Commission,  declared 
that  the  Canadian  party  was  right  in  every  particular;  yet  what  did 
many  of  the  members  of  this  Association  do  up  to  that  period?  About 
that  time  they  sent  an  embassy  home  for  the  purpose  of  misleading  the 
government,  and  of  contending  that  scarcely  f^ny  grievance  existed; 
they  opposed  every  measure  that  the  House  of  Commons  afterwards  ac- 
ceded to.  "Was  it  lobe  supposed  that  the  spirit  of  that  embassy  —  which 
endeavored  lo  turn  a>Ide  the  beneficence  of  the  British  government,  and 
to  keep  up  a  slate  which  was  acknowledged  lo  be  rife  with  abuses  —  did 
not  exist  yet  ?  And  would  that  House  encourage  such  a  spirit  ?  AVliat 
was  the  language  of  that  party  immediatt'ly  after  the  breaking  out  of  the 
rebellion  ?  That  men  whose  strong  feelings  had  brought  them  into  guilty 
participation,  should  be  hanged  without  the  ordinary  process  of  law  ;  that 


CANADIAN   AFFAIRS. 


173 


liat 


siiinmary  v('njr<^anro  should  he  iullicfcd,  and  that  men  slioiild  not  1)0  /(</- 
tcnod  fur  (he  t/nl/oirs.     'VUU  was   the  lanjjna;^'!!  of  that   party,  and  the 
whole   ti-nor  of  tlicir  acts  was  in  opposition  to  the   iniprovcnu'iits  do- 
mandotl  by  cxistinji  ciirnmstant't's.     Tlicy  Wfi-c  a  spci'imon  of  the  only 
thortJUjih-jroinii  party  in  that  line  of  politics.     The  tory  species,  as  known 
in  the  IJritish  Provinces,  was  n(>arly  extinct   in  CJreat  ISrilain  ;  an  out- 
and-out  tory  was  only  to  he  I'ound  in  the  Colonies.     The  pro;^ress  ot'  the 
national  mind  at  home  had  there  ameliorated  the  opini«ms  of  all,  and  the 
groat  experiments  which  had  been   tried,  had,  in  u  prcat  degree,  hrokon 
down  the  prejudices  which  formerly  were  so  distinctly  marked.     Now,  it 
might  he  said,  there  wi're  oidy  two  jtarties  in  that  country  ;  —  one.  wiiidi 
acknowledged  that  relbrms  were  necessary  and  should  be  pressed,  and 
the  other,  desirous  of  pushing  those  relltrms  too  hastily  or  too  far.     In 
the  Canadas,  as  in  all  the  other  C<»Ionies,  more  or  less,  there  was  a  party 
which  had  been  reared  into  a  sort  of  oilicial  aristocracy,  and  which  at- 
tempted to  bully  the  IJritish  government  when  they  fouml  it  inclined  to 
do  justice.     What  course  had  that  jiarty  in  Lower  Canada  pursueil  for 
the  last  three  months?     They  attacked   Lord  Closford  with   unme!i>ured 
abuse,  because  his  policy  was  that  of  justice  and  conciliation,  ami  they 
endeavored  to  goad  him  into  acts  of  imprudence  and  oppression.     When 
the  Provincial   publications  ti'cmed  with  such  tirades,  it  might   be  «'X- 
pected  that  they  would  have  some  i-fVcct  on  th(!  mother  country ;  but  he 
[IMr.  Howe]  read  IJritish  opinions  with  j)ride  and  [ihnisure.     Are  states- 
men of  any  party  there   found  urging  extreme  measures?     (Jiiito  the 
contrary.     In  the  houses  of  Parliament  almost  every  speaker  evinced 
magnanimity,  and  spoke;  in  favor  of  mercy ;  and  from  the;  l)ukt>  of  Wel- 
lington down  to  the  lowest  link  of  that  great  chain  of  conservatism,  not  a 
man  uttered  o|Mnions  wliich.  lor  harshness,  could  bo  compared  for  a 
moment  with  the   expressions  of  the  Colonial  tories ;  on  the  othijr  side, 
everywhere  the  doctrines  of  the  Constitution  were  laid  down,  the  right 
of  stopping  the  supplies  was  upheld,  and  even  those  rebels  wen>  allowed 
to  appear  by  counsel  in  the  bodies  of  the  houses  of  Parliament,  there  to 
state  their  opinions,  to  vindicate  their  acts,  and  to  appeal  to  Ilritish  jus- 
tice and  magnanimity.     That  was  the  spirit  which   r)iitons  evinced  on 
this  subject ;  a  spirit  worthy  of  a  great  country,  and  very  ditl'erent  from 
the  spirit  of  the  Constitutional  Association  of  Montreal,  who,  by  tii(!  .ad- 
dress before  the  House,  sought  to  lind  a  means  of  sheltering  themselves 
from  blame  in  the  answers  of  the  Colonial  Assemblies. 

Some  might  say  that  the  Canadians  received  all  that  they  should  have 
expected  ;  and  he  admitted  that  liberal  concessions  hail  been  made,  and 
that  the  Canadian  party  should  have  given  the  government  time  to  carry 
15* 


til 


II 


It- 


ifn 


i:^u!, 


174 


(ANAIUAN   AFFAIIW. 


i 


(»m(  tlicir  nicnsmv-!.  It  .-lumlil  In.-  linrii''  in  iiiiiul,  liowcxcr,  tli;it  up  lo 
Is-Js  tlicy  wen-  ri,LjIit,  ninl  lluit  llicy  Iiii<l  linn  Itccii  sti'ii.L'.Lrliiii^  lor  Iwi-iily 
years  witli  llic  opixisiic  purty.  Aflcrtwriily  yrnr- ut'wiirtMrt',  liilkT  fccl- 
illgs  would  lie  ciii:"  li'Ii'i'til.  iiiid  CMilst'-  iil"  liot  lilooil  woiiM  cxi-t.  Mini  tlid 
uniinosilii's  which  imli\  iiliniN  iiiihilu'td  lowMid-i  iMilivitlmils  woiiM  mix 
•with  p;ii-ly  polilics.  mikI  cMrcmc  .-li'llr  iiiiL'iit  he  ori^iiiMlcil  in  ii  w;iy  not 
1(»  111'  fully  jippn'ciaird  hy  pcr-diH  at  a  di-tancc.  ( li'ulliinru  >hnidd 
hear  in  mind  that  i1h>  l'"n'ni'hnu'n  of  Lower  Canada  wei'e  lii^Iit  i.Imo.st 
up  Id  llie  lime  that  liny  lurned  out  with  arm>  in  theii-  liand<.  A  dis- 
tiuj:iii,»hiug  trait  in  the  French  character  >houId  he  here  nuliccd.  l''renc)i- 
meii  seemed  tu  hav<'  no  idea  ot  accompli^hinu' L'i'cal  chamics  without  tla 
niiplicatioii  of  phy-ical  I'oi'ce.  Thi-  wa-  oli-crvalde  in  thr  l''reiich  revn- 
luiions  ill  various  times.  A  I''renchniau  thiidv-  that  iiolhinu;  can  he  doiii! 
until  he  fires  olV  his  mu-ket.  Thry  felt  that  they  sprun;:;  from  a  jiallan. 
nation,  and  looked  upon  the  re-orl  to  arms  as  the  natural  rcMill  of  ; 
political  eontost.  'J'his  characleri-tic  iiUefpi'ctcd  m;iny  scenes  in  ih'; 
Canadian  rehcllion.  Kn,uli>limeii  nn. lei- -imilar  circiim-laiici>  would  not 
think  of  recouuuendini,' smniifu'lin:^  as  a  luodi'  of  crippling  tiir  nveni.e; 
they  would  not  thiidi  of  tuinini^out  to  piihlic  mectiiiLrs  with  arms  in  their 
liands.  I'p  to  the  time  that  the  ( 'nnadian>  re-orted  to  tho-e  mc ides  of 
oppo>ition  they  only  did  what  a  lirilidi  populalioii  had  a  ri^jht  It)  do ; 
they  had  a  ri^ht  to  -top  the  -upplie-,  and  he.  as  a  Coloni-t,  would  iu'vor 
reliiKpii-h  thai  rijrht.  They  had  llie  riiiht  in  all  extreme  ca>es  to  do  so. 
It  miLrht  be  saitl  that  t'uloui-ts  hail  no  such  ri'jlit  as  a  iiuaii-  of  iiirciuLj 
chaiiLics  on  irovernment  ;  hut  he  insi.«leil  they  had;  il  miulit  In/  the  only 
means  of  tbrcitn.^  atlention  to  political  I'vils  ;  althoii^di  he  admitled  that  tlio 
ri}i;ht  should  he  exerci-ed  only  in  the  mo^t  extreme  case-,  where  il  woiiUl 
be  impossible  to  ob!  tin  Ju-liee  without  such  a  report.  Lei  llie  House 
mark  the  difVerence  between  the  French  and  the  I'^nglish  mode  of  obtain- 
ini;  a  redress  of  grievances.  In  (_ireat  Firilaiu,  w hen  the  i)eople  wi.-h  to 
coerce  government,  and  to  make  an  exhiliilioii  of  physical  ibrco,  one 
hundred  thousand  men  meet  at  an  appointed  place,  lliey  pass  re-ohitions, 
and  the  whole  results  in  a  peiiiion  to  the  throne  or  tiihei'  Hoii-e  of  Par- 
liament. Frenchmen  can  scarcely  imder.-tand  why  there  .--jioiild  be  such 
display  about  a  petition,  while  ICiigli.-lmu'ii  know  that  il  i<  an  ex[iressiou 
of  feiding  which  nothing  can  resist  in  a  con>tilutional  go\rrnment.  If 
tlie  l^ower  Canadians  felt  as  Kngli<hmen,  the  pi'obability  was  thai  they 
would  hold  meetings  after  the  >aine  fashion.  A  va>t  mimberoi"  I'^rench- 
meii,  as  they  were  called,  inhabited  that  Frovince,  but  tluy  were  born 
and  bred  there  ;  they  Were  not  coiiiiuered  m  rfs,  easily  put  down,  and 
were  not  answerable  lor  what  occurred  under  the  old   French  govern- 


CANADIAN    AITAins. 


175 


•y 
ii- 

•u 
k1 
1- 


mcnt ;  llicy  wcro  P»rili«h  .■<iilijr((4,  ami  Iiml  l»ritisli  riirliN  fjriiiirantct'd  to 
tlicm;  wliirli  riixlit-*  lilt'}',  ill  ii  jrrt'at  (Icj.fivi',  cxcii  ih'iI  wi.-i-ly  ami  well 
U])  to  a  certain  point. 

Tliis  pai'ly  liail  to  conlfinl  with  that  which  wa-;  cxpcrifiiccd  in  every 
Colony;  nii^reprcsoututions  sent  hnuic  to  nii-iiail.  and  ilie  cuiiiility  ami 
Pidfislmess  of  those  who  were  inlere.-ted  in  keeping  the  hody  of  the  peo- 
jtle  down.  Thi~  copy  of  the  address  of  the  A-^^oeialion  was  >iniilar  to 
copies  which  had  been  sent  round  to  n»o«l  of  lln^  Colonial  Leiri-latiircs, 
for  the  purpose  of  ohtainin^  expri's^ion-  of  dpinion.  And  wliat  do  they 
sny  in  their  address?  Tliey  say  that  the  French  Canadian-,  after  the 
concpie-t  of  that  comilry,  had  their  own  law<  and  lan;^nage  secnnd  to  tiicni, 
and  received  privilcLres  e([nal  in  extent  lo  ilio-e  of  any  other  l»riii>h  .snl)- 
jccti*.  If  this  were  the  case,  np  to  1.S2.S  that  parly  coinplaiiu'd  jn.'tly  ; 
and  how  did  it  happen  that  the  nu  nihers  of  this  very  Associali<tii  stood 
in  such  unrelenting  hostility  to  tliosi'  riiihts  and  privilej;;es  ?  Kespecling 
the  division  of  the  two  Provinces,  they  -ay  lliat  the  intention  wa>  to  ha\e 
one  Province  inliahited  chielly  hy  a  I'^rciieh,  ami  I  lie  otiicr  liy  a  Urili.-h 
population.  That,  no  doidil,  was  the  iiileiiilon  ;  it  wa-  thoiiLrhl  dc-irable 
in  one  Province  to  give  Frenchmen  the  intlueiice  which  nund^-rs  should 
have. 

An  idea  now*  .-lartcil  \v;is,  that  the  l''rench  of  Lower  Canaila  should 
be  Anglided  ;  it  was  urucd  that  they  should  either  be  dri\iii  out  of  the 
Province,  or  be  ii.)rcetl  to  >peak  the  I'.ngli-h  lani;na,L:e.  ( )ne.  no  doubt, 
could  be  as  ea-ily  eflected  as  the  other.  This,  however,  wa-  not  the 
policy  after  Wolfe's  victory  ;  it  was  then  thought  wise  to  kee|>  tiie  Colony 
tilled  with  Frenchini'U,  as  a  barrier  to  the  I'nited  StalC'^.  This  policy 
was  well  i'(  warded  at  a  >ulisei[iiein  period,  when  ihe-c  I't'cnchinen  turned 
out  zealou>ly  to  repidse  the  enemy  and  re-i>t  in\a-ion.  One  complaint 
made  now  against  the  Canadian  i)arty  wa-,  that  they  oppo-ed  a  sy.-teui 
of  registration  by  which  mortu;ages  on  land  could  be  i-U'ecled.  Il  may 
seem  ridiculous  to  some  accustomed  to  a  sy.-temof  regi-traiion  that  tiny 
refuse  il  ;  lull  there  niiglit  be  >ome  >oimd  policy  in  llie  lad.  accortling  lo 
the  views  of  those  accinainted  with  the  I'ountrv.  TIk;  l''reiieh  lawvers 
say  that  the  introduction  of  such  a  sy.-lem  w,oidd  cau.-e  every  poor  man's 
farm  to  be  mortgaged  to  the  trailer  and  merchant,  and  that  the  lesser 
evil  of  wauling  money  for  improvement  of  their  lands  jiad  better  be 
borne,  than  the  greater  which  would  result  from  registration.  Some  of 
the  linest  town-hips  of  Nova  Scotia  wi're  burthened  with  nuirlgages  by 
this  system  which  the  French  wi.-h  to  keep  out.  Among  other  matters, 
this  As.-ociallon  also  comi)lain.  that  inider  iIk^  existing  sy.-tem  tic  b^'encli 
are  enabled  to  send   too  nuun'  members  to   I'arliament.      Did  not  the 


I  I 


',:    1 


IMAGE  EVALUATION 
TEST  TARGET  (MT-3) 


V  €^. 


1.0 


I.I 


i.8 


1.25      1.4      16 

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► 

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Photographic 

Sciences 
Corporation 


23  WEST  MAIN  STREET 

WEBSTER,  N.Y.  14580 

(716)  872-4503 


'^.. 


C/j 


.    I 


17G 


CANADIAN   AFFAIRS. 


I'      'i 


i  ;. 


yii 


i-'f 


il       : 


same  cause  of  complaint,  as  regarded  the  elective  system,  exist  in  Nova 
Scotia  ?  Till'  man  wlio  resides  in  Dartmoiilli  complains  that  he  has  but 
one  vote,  Avhile  the  man  at  this  side  of  the  harbor  has  two.  An  attempt 
had  Ix.'cn  made  to  rearrange  the  representation,  but  the  attempt  failed. 
They  liad  not  the  courage  or  the  imi)artiality  to  follow  out  ii  better 
system,  and  to  equalize  the  elective  privileges ;  should  they,  there- 
fore, as  they  were  called  on  to  do,  charge  the  same  neglect  as  a  high 
crime  in  otliers?  Another  charge  against  these  Canadians  should  not 
be  considered  as  of  u  very  grave  nature  after  the  discussions  of  the  last 
few  Aveeks.  They  claim,  it  is  said,  for  the  Assembly  of  Lower  Canada 
the  control  of  the  whole  revenue  of  the  Province,  and  some  subjection 
of  the  executive  to  their  wishes.  Were  not  all  the  Assemblies  enmiged 
in  similar  attempts  ;  did  they  not  claim  the  management  of  the  revenues, 
supposing  that  they  could  dispose  of  them  to  more  advantage  than  the 
local  governments,  wdiich,  by  having  the  control,  were  inclined  to  squan- 
der tliem  on  salaries  disproportioned  to  the  circumstances  of  the  Colonies  ? 
Another  complaint  was,  that  they  sought  the  management  of  the  waste 
lands.  But  Avhat  had  that  Assembly  been  trying  to  do  on  the  same  sub- 
ject? what  had  the  member  for  Queen's  been  so  anxious  about  all  the 
session,  and  what  had  his  committee  been  sitting  so  assiduously  foi",  but 
to  obtain  some  regidation  of  these  lands  in  Nova  Scotia?  And  why 
should  they  denounce  a  course  which  they  themselves  had  been  follow- 

The  Assembly  of  Nova  St;otia  should  be  careful  not  to  encourage 
either  of  the  parties  which  were  before  it.  On  the  one  side  was  the  offi- 
cial party  which  were  interested  in  misgovernment  in  the  Colonies  ;  on 
the  other  was  the  party  which  foolishly  plunged  into  rebellion  ;  —  neither 
should  be  taken  by  the  hand.  There  was  no  justification  for  the  rebel- 
lion ;  it  Avas  not  even  expedient ;  it  had  not  a  chance  of  success  ;  not  a 
chance  existed  of  rearing  a  rational  government,  if  the  one  opposed  had 
been  prostrated.  To  neither  party  could  he  extend  a  hand,  but  he  was 
pleased  to  observe  that  there  was  a  third  party  in  Canada,  one  which 
embraced  the  moderate  on  both  sides.  Lord  Gosford's  system  of  justice 
and  conciliation  left  the  rebels  without  the  excuses  which  they  otherwise 
would  have  had.  This  third  party  sustained  Lord  Gosford's  system ; 
it  embraced  a  large  number,  and  included  most  of  the  Catholic  clergy ; 
it  was  designated  the  Loyal  Association  of  INIontreal.  He  held  a 
declaration  of  that  party  in  his  hand,  which  exhibited  the  evils  that  the 
two  extremes  caused,  and  urged  the  spread  of  better  principles. 

To  remedy  the  evils  Avhich  existed  in  Canada,  the  British  goA'ernment 
had  set  aside  the  Constitution  of  the  Provinces.     He  looked  Avith  some 


CANADIAN   AFFAIRS. 


177 


i  r 


degree  of  jealousy  on  that  act  ;  Ijut  when  lie  .saw  the  spirit  in  which  it 
originatetl,  and  the  spirit  wliieli  the  i)ei)ple  of  Great  Britain  enter- 
tained towards  Canada,  he  was  not  afraid  of  the'  pro.-tralion  of  the  Con- 
stitution for  u  few  years,  and  was  satislied  that  as  good  or  Ix'tter  woidd 
be  given  when  matters  were  fairly  arranged.  Shoidd  Nova  Seotia  be 
less  liberal  than  the  mother  country?  Should  tiic  p(,'ople  of  tins  Prov- 
ince rise  in  judgment  against  their  '•  jiiier  Colonists,  and  put  tin;  worst 
construction  on  tlieir  acts  ?  No;  they  were  bound  to  ex|)ress  their  sor- 
row at  the  troubles  which  had  occurred,  and  thev  should  let  the  blame 
lie  where  it  ought  to  rest,  and  not  lend  tln'ir  aid  to  those  who  were 
leagued  against  thf>  great  body  of  the  people. 

The  honorable  and  learned  member  for  Richmond  seemed  inclined 
to  advocate  the  establishment  of  a  confederation  of  the  Colonies,  lie, 
Mr.  Ilowe,  had  been  almost  charged  with  rebellion  for  broaciiiug  such 
a  doctrine  some  time  ago.  The  vcnerablo  parent  of  the  member 
for  Cape  Breton  had  also  stai'ted  such  a  proposition.  In  Parliament 
tlie  scheme  had  not  been  considered  dangerous  by  any  pariy.  If 
the  learned  member  sought  to  second  the  views  of  the  British  gov- 
ernment in  suppressing  rebellion,  and  ])reventing  the  recurrence  of  such 
a  disaster,  he  would  go  freely  with  him.  If  he  sought  to  invite  a  dis- 
cussion on  the  subject  of  confederation,  and  to  make  a[)proaches  to  such 
a  state  of  things,  he  was  willing  to  second  his  views;  but  if  he  sought 
to  make  the  House  of  Assendjly  a  party  with  the  Montreal  Association, 
for  the  purpose  of  enabling  them  to  establish  their  ascendancy  over  the 
mass  of  their  fellow  subjects,  then  he  would  not  go  with  him.  If  such 
a  state  of  things  was  to  be  attempted  and  carried  out,  tlie  late  would  not 
be  the  last  rebellion  in  that  pait  of  the  Colonies.  The  only  way  to 
maintain  peace  was  that  pursued  by  the  British  government ;  —  ext(Miding 
the  broad  principle  of  lenity  to  all,  treating  them  as  fro  ward  children, 
and  not  as  a,  population  all  of  which  had  been  guilty  of  extreme"  crimes. 
In  approaching  the  OjUCstion  of  confederation,  however,  he  would  look 
narrowly  to  the  principles  on  which  the  confederation  should  be  formed. 
He  would  not  pass  any  resolutions  on  that  subject  in  a  House  so  thin  as 
the  present,  so  near  the  end  of  the  session,  and  after  so  many  members  had 
returned  to  their  homes.  Under  the  circumstances,  having  not  much  more 
than  half  the  usual  number  of  members,  and  the  rebellion  being  put  down, 
the  wisest  course  would  be  not  to  pass  any  measures  couched  in  strong 
language.  The  only  efTect  such  measures  could  have  would  be  to  tempt 
Lord  Durham  to  take  too  much  for  granted  which  would  be  urg(.'d  by 
the  party  that  addressed  the  House ;  and  so,  perhaps,  they  might  be  the 
cause  of  wrong  and  evil.     The  better  course  would  be  not  to  pass  any 


M  ;l 


I'/fc 


i    ,  i 

'!«' 

178 


CANADIAN    AFFAIRS. 


yr 


of  tlic  rosoliifions  propo.^fd ;  that  of  ]\rr.  Dnylo  might  sooni  discour- 
teoii.'^,  and  tiic  Constitutional  Association  sliould  1)0  looked  on  as  any 
oilier  political  liody  -wliicli  might  address  the  House  through  its  Speaker. 
If  any  sliould  pass,  those  of  the  member  for  Ivcrncss  were  least  objec- 
tionable. 

Kespecting  the  confederation,  it  should  be  admitted  that  benefits  Avould 
occur; — the  regulation  of  trade,  a  court  of  appeal  for  the  Colonics,  and 
other  good  results  might  be  expected ;  but  the  subject  should  be 
approached  with  great  delicacy.  The  House  should  be  careful  how  it 
placed  a  recommendation  on  record  which  might  be  cited  at  a  future  day. 
Nova  Scotia  was  one  of  the  smallest  of  the  Colonies,  and  might  sufTer 
in  the  arrangement.  They  might  find  that  a  confederation,  instead  of 
leaving  the  Province  with  its  present  evils  in  connection  Avith  the  Colonial 
ofTice,  would  establish  an  office  in  the  backwoods  of  Canada  more  diffi- 
cult of  access  than  that  in  London.  A  prince  of  the  blood,  perhaps, 
would  be  sent  out  with  a  large  retinue  of  retainers,  to  be  provided  for 
as  the  sovereign  and  court  of  the  new  State,  On  the  other  topic,  that  of 
the  junction  of  Lower  and  Upper  Canada,  he  entertained  strong  opinions. 
The  annexation  of  Montreal  to  Upper  Canada  was  anxiously  sought, 
and  if  that  could  not  be  obtained,  then  a  junction  would  be  desired  by 
the  same  party.  The  effect  of  this  would  be  to  give  a  territory  of 
immense  extent  to  the  LTnitcd  Provinces,  and  in  a  few  years  a  jiopula- 
tion  of  two  or  three  millions.  When  this  would  take  place  without  a 
general  confederation,  that  Province  would  be  too  powerful  to  pay  atten- 
tion to  the  Colonial  office  at  home.  How  should  Xova  Scotians  look  at 
such  a  state  of  things  ?  As  a  European  State  would  look  at  a  neigh- 
boring power  acquiring  a  large  accession  of  strength  ;  it  would  attempt 
to  balance  the  power ;  and  he  would  prefer  the  separation  of  the  Can- 
adas,  to  the  growth  of  such  a  gigantic  power  as  their  union  would 
cause.  Supposing  no  general  confederation  to  occur,  it  would  be  more 
prudent  to  have  two  moderate  Provinces  than  one  great  country  in  the 
rear  of  the  lower  Provinces,  overbearing  all  opposition  in  any  arrange- 
ments which  it  chose  to  make.  For  these  reasons  he  would  not  pass 
any  resolution  on  this  subject  until  much  more  deliberation  should  be 
had  on  it. 

He  again  insisted  that  the  House  should  not  countenance  the  assump- 
tions of  the  Association  which  had  tent  in  the  address.  As  a  specimen 
of  the  spirit  of  that  party,  he  would  refer  to  a  paper  which  he  held  in 
his  hand,  and  which  declared  that  the  Governor  of  the  Province  and 
the  Attorney  General  should  be  hanged.  That  was  the  temper  of  the 
party  which  was  arrayed  against  the  Canadians.    The  House  should  not 


m 


OCEAN   STEAMERS. 


179 


give  an  opinion  on  tlie  jjubjcct  in  a  luisty  mannfr.  It  Monld  be  \vl>pr 
now  to  liefer  llie  whole  matter  to  next  .se>.-ion,  than  to  e.\[)res.s  .senti- 
ments without  dtie  preparation  on  a  matter  of  so  mueli  magnitiule. 

During  this  session  the  Quadrennial  Bill,  rejeeted  by  the 
Legislative  Covuicil  in  the  previous  year,  was  passed  and 
became  the  law  of  the  land.* 

On  the  26th  of  April  Mr.  Howe  left  Nova  Scotia  for  Eng- 
and,  and  did  not  return  until  the  4th  of  November,  having  in 
company  with  Judge  Ilaliburton  (Sam  Slick)  travelled  over  a 
great  deal  of  England,  Ireland,  and  Scotland,  France,  Belgium, 
and  Rhenish  Prussia.  Ilis  lirst  impressions  of  the  mother 
country  are  recorded  in  a  series  of  papers,  of  which  fifteen 
(sullicient  to  fill  a  small  volume)  were  printed  at  the  time,  under 
the  title  of  "  The  Nova  Scotian  in  England."  It  is  to  be 
regretted  that  they  were  not  continued.  Mr.  Howe  has  visited 
Europe  three  times  since,  and  must  have  largely  increased  his 
stock  of  information  and  experience.  Perhaps,  when  he  has 
nothing  else  to  do  (if  that  halcyon  season  of  rest  should  ever 
arrive),  he  may  favor  us  with  a  volume  of  travels  quite  as  read- 
able and  piquant  as  many  others,  which  those  who  live  in  the 
world  are   compelled  to  read. 

*  For  this  measure,  and  for  some  others  of  acknowledged  utility,  tlie  Provinec  is 
largely  indebted  to  Mr.  Lawrence  O'Connor  Doyle.  Mr.  Doyle  is  a  Xovii  Scotian 
by  birtli,  of  Irish  parentage,  and  was  educated  at  Stoueyliurst.  He  was  a  sound 
lawyer,  a  line  classical  scliolar,  a  genial  and  dcliglitful  companion.  Too  convivial 
to  be  industrious,  and  too  much  sought  after  in  early  life  to  be  ever  alone,  his  useful- 
ness was  to  some  extent  maircd  by  the  very  excess  of  his  good  qualities.  Though 
different  in  their  habits,  a  viry  sincere  friendsiiip  existed  between  Mr.  Doyle  and  Mr. 
Howe,  and  wo  have  often  heard  tho  latter  dedan;,  that,  after  seeing  many  of  tlio 
clioice  spirits  of  both  continents,  !ic  thought  his  friend  the  wittiest  man  he  had  ever 
heard  or  read  of.  Mr.  Doyle  removed  to  New  York  in  18").").  Ten  tliousund  of  his 
jokes  are  scattered  about  tiie  Province.  "Did  you  hear,"  said  a  friend  one  day, 
"  that  Street  tho  tailor  has  been  found  in  a  well  in  Argylo  street  ?  "  "Yes,"  was 
Doyle's  answer;  "  but  did  you  hear  how  they  made  tlic  discovery'?  An  old  woman 
got  a  stitch  in  her  side,  after  drinking  her  tea,  and  siie  swore  there  must  Im  a  tailor  in 
the  well."  A  member  complained  once  that  a  woman  had  been  appointed  post-mis- 
tress m  a  country  town,  and  foretold  that  if  the  appointment  was  sanctioned  women 
would  be  appointed  couriers  next.  Doyle  could  see  no  objection  to  tlic  practice  ; 
"  God  and  nature  had  intended  the  women  to  earn/  the  males."  The  House  had 
hardly  recovered  from  the  explosion  that  followed  this  repartee,  when  the  wit  observed 
that  "  There  certainly  was  quo  objeetion  that  had  not  occurred  to  him,  there  might  be 
a  good  mang  miaearriages." 


n 


il 


V  ,  I 


vHij:;  : 


M 


II 


I   1    I,   .  l-'l:  r 


180 


OCEAN  STEAMERS. 


m 


On  llic  passM^c  to  I'iiiirhiiul,  tlic  'I'yiiaii  {\vn  gun  brii;)  was 
overtaken  l)y  llie  Sirins  steamer,  wliieli  had  made  a  trial  trip  to 
America  in  deliaiiee  oC  the  opinion  of  Doctor  Lardner,  and  was 
on  her  retm'n,  witliin  a  few  hniuh'cd  miles  of  the  coast  of  I'iiijj;- 
huid.  'I'lie  ca[)(ain  of  the  'I'yrian  determined,  when  sheranijed  up 
ah)ngsi(h',  to  senti  liis  mails  on  board  of  lier.  Air.  Howe  accom- 
panied them,  tooiv  ii  glass  of  champagne  with  the  captain,  and 
returned  to  the  ten  gun  l)rig,  which  rolled  about  in  a  dead  calm 
with  Happing  sails,  Mhile  the  Siriiis  steamed  oil"  and  soon  was 
out  of  sight.  Such  a  ])ractie!d  illustration  of  the  contrast 
between  the  two  motive  powers  was  not  likely  to  lie  lost  U|)on 
such  men  as  those  \\ho  were  left  b(>hind.*  They  discussed  the 
subject  daily.  On  landiui',  JudL'c  IFaliburton  and  Mr.  Howi^ 
went  down  to  IJristol  to  confer  with  the  owners  of  th<>  Sirius 
and  CIreal  AN'estern.  in  London  they  discussed  the  subject 
with  other  Colonists,  and  aided  l)y  Henry  J>liss  and  \Villi;mi 
Crane,  «>f  New  JJrunswick,  entleavored  to  coml)ine  all  the  North 
American  jnter(>sts  in  an  ellbrt  io  induce  Her  Majesty's  gov- 
ermnent  to  oiler  such  a  bounty  as  would  securi*  to  these  Prov- 
inces the  advantag(>s  of  ocean  st(\un  navigation.  On  th(^  24th 
of  August  the  following  lett(>r,  prepmrd  by  Mr.  Ilowe,  was 
liauded  to  Tiord  (Jleneig,  and  tuiswcred  by  Sir  George  Grey  on 
the  1  lih  of  SepltMu])er.  The  contracts  for  the  conveyance  of  tlu; 
mails  l)y  steam  were  aimounced  ;i  few  months  al'ter,  and  Mr. 
Cnnard  boldly  siM/ed  the  opi)ortunity  to  win  fame  and  fortune, 
which,  by  his  enterprise  hv  very  richly  deserves.  All  honor  to 
the  Nova  Scotitm  who  has  carried  forward  this  great  work  with 
such  signal  success.  !)ut  those  mMitlemen  ouj^ht  not  to  be  for- 
gotten,  wlun  at  this  early  period,  lirst  turned  the  attention  of 
British  statesmen  to  a  subject  of  so  much  importance. 


*  Tin'  mosi  i'inlr,isi;i<tir  of  ilioso  was  Majdi-  Robort  CarniicliaL'l  Smith,  lirotlKT  to 
Sir  Jaiiu's  ("anniiiuu'l  Siuiili,  ioiiiu'ily  (Juvunior  of  Dcinerara.  This  gentleman, 
between  whom  ami  Mr.  Howe  a  f^iueei'e  fi-iendshij)  has  ever  sinee  existed,  lias 
done  nin<'h  towards  eallimr  ]iuMie  attention  to  the  importance  of  railroad  eonnnnni- 
cation  with  the  East  across  the  British  American  I'rovinces.  The  late  Judj^e  Fair- 
banks, and  Dr.  Walker,  of  St.  John,  were  also  passengers  on  hoard  the  Tyrian,  and 
fellow  laborers  in  the  good  work  of  promoting  jeean  steam  navigation. 


I    1 


OCEAN   HTFAMKRS. 


181 


i 


m 


us 


id 


!.i>n(ln„,  AtN/iisf  21,  ISr.S. 

]\Iv  Loud,  —  Wo,  the  uM(l(>rsiji;no(l,  niomlxTs  of  the  lloiisfs  of  Assom- 
Mv  of  Nfw  l>ninswick  .'uid  Nova  Scotia,  at  jtrcsi'iif  in  T.oiulon,  most 
r«'<])<'<'tfiilly  Ik'IT  Icavo  to  solicit  Voiir  F^ord-liip's  atlciilioii  to  a  siiltjcci  of 
liii^h  importance  to  the  iiiliahitaiits  of  those  Provinces,  to  their  more  inti- 
mate coiniection  with  tlie  motiier  country,  and  to  thcjir  peace  and  security 
as  dependencies  of  the  crown. 

Since  tlie  nndersiirned  left  the  Colonies,  and  afler  the  close  of  the 
leL,n>lalive  sessions,  the  snccessfnl  voya;xes  made  to  and  from  Kiiirhind 
and  New  York  have  solved  the  problem  of  the  practicaliility  of  steam 
navitration  across  the  Atlantic,  and  rendercil  a  revision  of  tlie  system  of 
packet  comnumication  between  (!reat  Dritain  and  her  N'orlh  American 
Provinces  extremely  desirable,  if  not  a  measure  of  absolut(^  necessity. 
Assnminij  that  no  reasonable  doubt  can  any  louiier  be  entertained  that 
iho  commercial  and  public  correspondence  of  iMirope  and  America  may 
now,  and  to  a  vast  extent  will,  be  conveye(l  by  steam,  tin-  question  arises 
whetlxM-  th(^  line  of  jiackets  between  the  mother  coimtry  and  the  impor- 
tant Provinces  of  North  America,  shoidd  not  be  innnediately  put  upon 
a  more  ellicient  footing?  This  f|uestion,  for  a  variety  of  reasons,  is 
bcLrinninjr  to  press  itself  stronirly  upon  the  minds,  not  only  of  the  Colo- 
nists "Tcnerally,  but  of  all  those  who  in  this  country  an,'  emjajreil  in  com- 
mercial relations  -with  them,  or  are  aware  of  the  imporlaiice.  in  a  politi- 
cal point  of  view,  of  drawing  them  into  closer  connection  Avith  the 
parent  State. 

It  is  nnjiecessary  to  dwell  on  the  character  of  the  class  of  vessels 
liitherto  employed  in  this  sr'rvice.  The  fearful  destruction  of  life  and 
pvoi)erty,  the  serious  interruption  of  correspondence,  consequent  on  the 
loss  of  so  many  of  the  ten  gun  brigs,  furnish  decisive  evidence  on  this 
point,  while  the  general  impression  abroad  that  such  of  them  as  still 
remain  are  neither  safe  nor  suitable  sea  boats,  ought  at  once  to  deter- 
mine the  Government,  even  if  no  further  change  Avere  rendered  neces- 
sary by  the  new  circumstances  which  have  arisen,  to  replace  them  by  a 
very  superior  description  of  vessels.  But  to  the  umlersigned  it  seems 
extremely  desirable,  at  this  period,  to  go  much  further,  for  the  following 
among  other  reasons  wdilch  might  lie  urged. 

AVhether  (Ireat  Britain  shall  or  shall  not  preserve  the  attachment  of, 
and  continue  her  connection  with,  the  North  American  Colonies,  is  not, 
as  it  is  sometimes  made  to  appear  by  individuals  in  this  country,  a  mere 
pecuniary  (piestion.  Even  if  it  were,  it  would  not  be  difficult  to  shov/ 
that  the  advantages  derived  from  that  connection  are  reciprocally  sh.ared 
by  the  people  of  both  countries  ;  but  assuming  that  from  the  rivalry  of 
16 


l-lil 


■i  r 


!:>!,' 


il      ll 


Si 


11 

\'i 

li 

M 

|i,|    i: 

182 


OCEAN   RTEAMEnS. 


no  otlici'  iialii)ii  liiivc  tli(!  poimlation  ol'  tlir~c  l-land-  »>  imicli  to  fear  as 
from  lliat  ol'  tlir  I'liitcd  Slate.-,  —  that  I'l'diii  llic  ciicruy  ol' clianu'tcr, 
tlic  general  din'u>ion  of  eilucatioii.  ami  the  a|i|iliealioii  ol'  iiiilii>tiy  to 
connnereial  ami  nianiiraetiiriii;j:  piii'suits,  whieli  that  eoiiiitry  has  inherited 
iVoui  this  Avith  its  lialdls  and  lan;_nia,ire,  and  whieli,  applied  to  a  field  of 
b(jinidless  extent  and  I'esoiures,  niiisL  atlaeli  iin[»ortaiieo  to  every  thiiij^ 
calculated  to  increase  or  diniiiiish  the  relative  eonniiercial  and  political 
influence  of  either  nation  —  the  eoiilinuanci' of  the  counection  already 
referretl  to  assumes  an  a.-pcct  of  intense  interest,  and  swells  into  a  niai^iii- 
tude  which  may  Avell  attract  towards  the  topic  now  sought  to  he  pressed 
ui)on  Yoiu'  Lordship's  attention,  the  serious  consideration  of  the  minis- 
isters  of  the  crown. 

If  Great  liritain  is  to  maintain  her  f(H)tinLi'  upon  tin'  North  American 
Continent  —  if  she  is  to  hold  the  coMmiand  of  the  exten>ive  sea  coast 
from  jNIaine  to  Lal»rador,  skirl iii,!^;  millions  of  scpian;  miles  of  fertile 
lands,  intersected  hy  navi^'ahle  rivers,  indented  by  the  best  harbors  In 
(he  world,  conlaininj;  now  a  million  and  a  half  of  people  and  capabh;  of 
sup[)orling  many  millions,  of  whose  aid  in  war  and  con-umplion  in  peace 
she  is  secure  —  she  must,  at  any  hazard  of  even  increased  expcndiiurc 
for  a  tiim^,  establish  such  a  line  of  rapid  eomiminicalion  liy  steam,  as 
will  ensure  the  speedy  transmission  of  public  dispatches,  commercial 
correspondence  and  general  information,  ihrough  channels  exclusively 
British,  and  infi-rior  to  none  in  security  and  expedition.  If  this  is  not 
done,  the  British  population  on  both  sides  of  the  Atlantic  are  left  to 
receive,  through  foreign  channels,  intelligence  of  nuich  that  occurs  in 
(he  mother  country  and  the  (.'olonics,  with  at  lea-t  ten  days,  in  most 
cases,  lor  erroneous  impressions  to  circulate  before  they  can  be  cor- 
rected. Much  evil  has  already  arisen  from  the'  convejance  of  intelli- 
gence by  third  parties,  not  always  friendly  or  imi)artial ;  and,  from  tiie 
feverish  excitement  along  the  frontier,  the  indefatigable  exertions  of 
evil  agents,  and  the  irritation  not  yet  allayed  in  the  Canadas,  since  the 
suppression  of  the  late  rebellions,  it  is  of  the  highest  importance  that  a 
line  of  communication  should  be  established,  through  which  not  only 
oflicial  correspondence  but  sound  information  can  1)e  conveyed.  The 
pride,  as  well  as  (he  intere.-ts  of  (he  British  peo^de,  would  seem  to 
require  means  of  communication  with  each  other,  second  to  none  which 
are  enjoyed  by  other  States. 

Tho  undersigned  do  not  think  it  necessary,  in  this  paper,  to  trouble 
your  Lordship  with  many  details.  They  conceive,  however,  that  not 
only  do  the  United  States  possess  no  peculiar  advantages  to  entitle 
them  to  be  the  carriers  of  British  and   Colonial  passengers  and  corres- 


f! 


OCEAN   STEAMERS. 


1S3 


111 


of 

IC 

11 

y 

10 

to 


pondciKM',  hut  that  the  route  tlirouL^h  Halifax  ha-;  advantaj^c-s  ihat  inu-t 
give  to  this  gcn't'rnnn'iit,  if  stcanishi[)s  an!  ('ini)h)yt'(l,  the  coinniauil  of 
a  line  that  cannot  \h\  cxccHcd  hy  any  that  citliri*  has  liccii  or  can  lie. 
cstalth^Iird  I)y  the  United  Stales.  That  port  is  !'t'>()  mih's  near<'r  to 
Kn;j;Iand  than  New  York,  so  that  the  sea  voyaire,  other  thing's  Iteiiip; 
cquid,  wouhl,  on  an  avei'a^'e,  occupy  two  and  a  half  diiys  le-s  to  the 
former  than  to  tlie  hitter;  the  inhmd  route  from  llafifax  to  (^nel)(>c, 
•when  certain  improvements  ninv  in  jirogress  are  completed,  can  1)0 
accompli.-lied  in  less  than  six  days  —  so  that,  if  the  taciiitie-i  in  the 
States  should  so  far  increase  as  to  admit  of  the  passant*'  of  iutelli,L''i'ncp. 
in  tlireo  and  a  half  days  between  New  York  and  the  capital  of  Lowrr 
Canada,  the  American  would  have  no  advantage  in  expedition  over  th(> 
Britisli  line,  Avliile  the  latter  would  be;  even  more  certain,  from  there 
being  litth;  if  any  water  carriage.  It  has  been  suggi'sted  that  licrmuda 
•should  be  the  terminus  of  tin;  long  voyage,  with,  branches  from  thence  to 
the  Provinces;  but  the  v(^ry  superiijr  advautages  which  Halifax  pos- 
sesses, as  the  central  [loiiit  to  which  would  be  tlrawn  passengers  from  the 
adjoining  Colonies,  its  abundant  ami  cliea])  >uppli<'s  of  fiud  and  food, 
mid  its  ra[)idly  extending  eomuKU'eial  relations,  would  seem  to  i)oint  to 
tint  port  as  the  one  from  which  ,>ucli  branch  lines  as  may  be  necessary 
should  radiate. 

The  undersigned,  though  they  have  no  authority  to  rei»resent  upon 
this  tpiestion  the  pulilic  bodie.>  to  which  the)  belong,  are  so  deeply  im- 
pressed with  the  importance;  of  the  suliject,  so  conlidently  as.>ured  that 
this  comimuiication  ex[)resses  the  feelings  and  sentiments,  not  only  of 
their  immediale  consliluents,  but  of  very  largt^  and  iufluenlial  classes, 
both  in  the  mother  coimtry  and  the  Colonies,  that  they  trust  your  Lord- 
ship will  pardon  the  liberty  they  have  taken,  and  alVord  to  a  m<'asure 
wdiich  cannot  fail  to  strengthen  and  increase  the  pvo>perity  of  the  J'lm- 
pire,  the  powerful  aid  of  your  countenance  and  support. 
"We  have  the  honor  to  be  Your  Lordshi[.' 

Mo>t  obedient,  very  humble  ser\.,nts, 

Wll.lIAM    CltANK, 

Joseph  llowi:. 
The  Kiglit  Hon.  Lono  Glexelg. 


1'? 


fli' 


i.-» 


le 
lot 

tie 


(Copy.) 

STEAM    COMMUNICATKJX. 

DoH'iiiiif/  iSfrecf,  ScptcDiler  14,  18.38. 
Gexteemex,  —  I  am  directed  by  Lord  Glenelg  to  acknowledge  your 
letter  of  the  20d  ultimo,  calling  his  Lordship's  attention  to  the  necessity 


i^' 


I  r 


I    :■  i 


I!' 


184 


OCKAN   STKAMimS. 


,i;i 


wliicli  tlio  siu'cpssCiil  cstaltli-liniciit  of  a  sicnin  roniniuiilcalioM  bctworn 
Kiinipc  ami  Ainciica  lias  cniilcd  for  an  curly  impi-dvciiniit  in  the  nioilf, 
of  carryin;^  the;  mails  butwufii  Cireat  liritain  and  llic  >i'urlli  Aincrioun 
I'rovinccs. 

Lord  (jleiK'l;^  desires  xno  lo  assure  you  that  he  is  deeply  impressed 
witli  the  impoitance  of  the  sniiject,  which  has  already  cn;ra<i;ed  the  at- 
tention of  I! cr  .Majesty's  <i<ivcrnment  ;  and  his  J.ord>liip  iiopc^  that  an 
arrangcmcnl  may  he  cffccie<l,  at  an  early  period,  hy  which  tiie  desireil 
improvements  in  the  conimunieatioii  between  this  country  and  the  Brit- 
ish North  American  Provinces,  will  ho  accomplished. 
J  have  the  honor  to  he,  fjentliMnen, 

Your  most  obedient  humble  servant, 

Gkouge  Grev. 

WiLl.IAN    CuANK, 
JOSKTII   IIOWIC. 


Lord  Durham  was  sworn  into  oflicc  at  Qnobec,  as  Governor 
General  of  British  Aineriea,  with  extraordinary  powers,  on  the 
28th  of  May.  Deh\2;ates  from  the  dill'erent  Provinces  were  in- 
vited to  confer  with  His  Excellency  in  the  course  of  the  stimmor. 
He  resigned  in  disgust,  and  landed  in  England  on  the  30th  of 
November,  and  the  session  of  1 839  oj)ened  oji  the  14th  of  Jan- 
uary, without  any  definite  knowledge;  of  what  his  report  would 
contain. 

A  series  of  dispatches  were  laid  on  the  table  of  the  House, 
but  were  little  calcuhited  to  allay  excitement  or  give  satisfac- 
tion. The  oiler  of  lh<!  casual  revenues  was  withdrawn;  the 
Councils,  as  they  stood,  were  sustained;  the  judges'  fees  were 
abandoned,  but  the  ofiicers  were  compensated  out  of  the 
casual  revenues.  The  request  that  all  the  outports  at  which 
collectors  were  maintained  siiould  be  opened,  and  the  expense 
of  collecting  the  revenue  should  be  reduced,  was  evaded  by 
reference;  to  the  Board  of  Customs,  known  to  be  hostile  to 
that  policy,  while,  as  if  to  increase  the  irritation,  five  or  six 
laws  passed  during  the  previous  session  were  disallowed. 

A  delegation  to  England,  it  was  now  apparent,  must  be 
tried.  When  the  dispatches  were  read  in  the  House,  there  was 
a  spontaneous  outburst  of  feeling  from  the  benches  occupied 
by  the  majority. 


't  : 


it 


tix 


DLXEGATIOX. 


185 


Mr.  jMdvton  "roso,  au'l  expressed  his  soitow  nt  the  tenor  of 
tlie  (lisptitehes.  There  wns  l)ut  one  course  left  to  pursue,  and 
that  was  to  send  a  (U'h-gation  to  l"ini;land.'' 

lAlr.  Vonnt(  si)oke  at  soint;  h'ni^'lh  in  the  same  strain.  ''It 
aj)peared  tliat  the  majority  in  tht;  House,  \vhc)  desired  t lie  ac- 
complishment of  rational  reforms,  —  reforms  that  mi;j;ht  bo 
defended  hy  every  intelligent  mind, —  could  ellect  next  to 
nothing.  The  dispatches  did  not  take  him  altogether  by 
surprise;  Ik;  had  lieartl  their  general  character.  After  hearing 
them  more  in  detail,  h(»  had  come  to  tin;  conclusion,  that  the 
addresses  and  resolntions  of  that  House,  as  opposed  to  tho 
intelligence,  and  activity,  and  inlluence,  of  those  interested  in 
maintaining  abuses,  wen;  scattered  lo  the  winds;  they  wvw. 
of  no  avail.  'JMiert*  did  seem  some  inlluence  which  counter- 
worked the;  desires  of  the  nuus<3  in  their  endeavors  after 
reasonable  re  fori  ns." 

"  iNIr.  nuntington  believed  the  diiruiilty  arose  in  this  country. 
There  was  a  party  in  the  town  \\li()  j)n'ferred  being  governed 
by  military  force,  rather  than  in  a  constitutional  maimer,  by 
the  liCgislatuni  of  the  Province.  The  susp(Miding  of  the  dm- 
stitulion  in  Canada  strengtliencd  the  views  of  such  persons, 
and  they  hoped  for  a  similar  stati;  here.'' 

Such  was  the  temper  of  the  House.  A  delegation  to  Eng- 
land was  the  common  thought.  Mr.  Howe's  natural  position, 
as  the  leader  of  the  majority,  would  havc^  been  at  the  head  of 
it.  Had  he  gone,  or  expressed  a  desire  to  go,  his  motives  in 
advocating  the  measure  might  have  been  suspected.  He  knew 
that  all  his  influence  would  be  re([uired  here,  to  defend  the 
delegation,  to  keep  pu])lie  opinion  steady.  He  determined  not 
to  go,  and  to  cut  oil"  all  suspicion  on  the  one  side,  or  solicitation 
on  the  other,  by  })romptly  announcing  his  determination :  — 

INIr.  IIowc  paid  that  lie  felt  so  strongly  on  this  snbjcct,  that  ho  would 
not  trust  himself  Avilli  the  expression  of  his  ieelinirs.  He  -wished  to 
ciilinly  examine  the  dispatches,  and  tooon.-ider  what  was  the  best  course 
for  the  House  to  a<lo[)t.  He  had  lieretofore  felt  that  there  were  in- 
tluer.ces  at  work  which  rendered  the  Legislatui'e,  in  many  instances, 
useless.  lie  said  so  on  former  occasions,  and  he  was  satisfied  that  the 
mischief  did  n(  '  rest  with  the  people  of  England,  nor  with  the  govern- 
IG* 


i  :. 


^ 


1! 


180 


nKLKOATION. 


'    \a 


II  '   ! 


m    } 


i.ii; 


iiiiiii.  lie  lii'licvcil  lliiit  ii  licttcr  (li>|Htsili()it  iii'Vi  !•  (xI.-UmI  iIidm  in  soiiic 
ol'  ihc  |ir('>ciit  ^'()\  I'liiiiii'Ml  ;  Iml  iim-t  ol'  iho^r  uliii  liinl  nccfss  In  lln! 
C'oloiiiitl  ollicc  were  immmhh  ulio  liml  ;i  ilircct  iiitci'c.-l  in  krcpinj^  up  lliu 
sy-ti>iii  in  llii-i  ('(iiinli'y  uiiicli  was  so  iniicli  a  iniiltci'  of  t'ohi|)laint. 
"When  an  oH'icf  bcconir-*  vacant,  lioint-  jfo  a  slical"  of  frcnllrtncn  to  x'fk 
i\)V  il.  Tlu'n,  in(I(<(l,  llic  salary  seems  (piite  adeiinale,  and  llie  ollk'i' 
cveiy  way  dcsiralile  ;  lint  in  a  year  or  two  after,  unollier  voya^^e  is 
niaile,  an  increa-<'  of  eniolnnii'nt  is  solicited,  and  lliey  i-epresent  tliat  the 
salarii's  which  they  son^^lit,  the  ofllccs  for  which  they  toiled  and  in- 
tri,!.nu'd,  are  unworthy  of  liieir  talents  and  industry.  A^'ainst  that  kind 
of  conniuMiication  the  House  had  to  contend.  And  what,  hithei'to,  had 
been  the  success?  T/icrc  irtis  hdrdhi  a  ptibllc  sm'diit  In  tlic  J^rort'iicr, 
v'ho  roiilil  nnf,  hi/  lila  rcprcsi'iiliiliDiiii  mid  /lis  iiij/iic/iri\  lliirnii  ninj 
rpsolitti',11  or  (tddrcss  vliiih  tlic  dssriidilid  rc/irrsciitaftrcs  nf  llir  irlinle 
coinitri/  thoiKjId  it  llnlr  duty  to  (idojd.  The  II(in.-<^  expired  at  each 
relurnin;^  sprinjji;;  the  inenihers  were  scattered  to  their  homes  in  various 
parts  of  the  eounti-y  ;  biU  another  Iiody  eoiUinue(l  alive  and  active,  and 
prej)ared  (o  couiileracl  whatever  did  not  suit  their  views.  IMei'clianls 
and  men  in  business — the  constituenis  of  thai  House  —  go  fre((Uently 
to  KuLiland.as  now,  in  the  packet  which  was  about  to  sail.  I>ut  do  they 
go  to  the  Colonial  olHce  ?  Do  they  approach  the  goveriunent  for  the 
purpose  of  expressin;^  what  they  know  n-spectinj^  the  alVairs  and  the 
views  of  the  country?  They  do  not.  A  very  diiVei'cut  eUiss,  liowever, 
do  ;  thos(!  who  receive  the  salaries  alluded  to,  and  who  are  intere-ted  in 
kcei)ing  up  the  existing  system,  l-'or  evi'i'y  TS'ova  Scotian  seen  !)y  llie 
British  ministry.  Avho  expresses  the  oi)inioiis  of  tiie  Asseml)ly,  they  see 
twenty  who  speak  the  opinions  of  the  opposite  party.  Respecting  a 
dek'gation,  his  ojiinion  last  winter  and  now  was,  that  that  step  should 
be  a  last  resort,  before  ihey  retired  to  their  homes,  despairing  of  ac- 
complishing any  thing.  He  would  advise  the  House  to  try  that,  before 
giving  up  hope.  He  felt  that  he  could  recommend  that  course  with  the 
more  i'reedom  on  aeeount  of  his  own  resolution  on  llie  snbjeet.  He  would 
say  there,  in  the  (iice  of  his  friends  and  enemies,  that  he,  as  an  individual, 
would  have  nothing  to  do  with  it;  he  Avould  remain  at  home,  ready  to 
cooperate  in  any  way  that  might  be  thought  serviceable;  but  he  would 
not  be  a  member  of  the  delegation.  Having  said  so  much,  he  could 
speak  as  he  felt  of  the  importance  of  the  measure.  If  the  House  should 
send  gentlemen  to  represent  its  views  to  the  Home  Government,  ho 
would  give  ihem  all  the;  aid  in  his  power;  but  to  j.'revent  misunder- 
standing, or  suspicion,  on  the  subject,  he  took  that  opportunity  of  declaring 
that  he  would  not  be  one  of  such  a  mission. 


i     \\ 

1         i!3l 


ItKSOM'TIOXS. 


IS' 


Oil  lln'  S'llli  of  Jiiiinnrv,  Mr.  Honvc  juovcd  lliut  llic  House 
go  info  coiimiitlrc  of  llic  whole  on  the  f^'eiienil  stale  of  the 
I'rovinee,  for  tlie  purpose  of  takiiii,'  up  the  dispatches.  'I'he 
di'l)ate  wan  opened  by  Mr.  Hell,  \\  ho  made  an  al»le  ami  lem- 
2)craf(!  spiHH'h,  and  moved  the  following  rt'solutioiis :  — 

Jusii/rct/,  Tliiil.  tin;  tli-i)!itclii's  (if  llic  IJiiilit  lIniKiralilr  tin-  Sfcrrtnry 
for  the  Colonics,  thilrd  tlir  'Jitih  April,  I'Sih  .Iiiiii',  Ciii  .Inly,  mihI  ;!l>t 
Oclcplicr.  1S;!7,  wiTc  hiiiit'd  liy  ilii>  llnii-c  willi  lln'  hvclie>f  -iili-liiclioii, 
SIS  i'cco;4iii/iii<jf  Mini  cnliiivinf.',  hy  llic  iuilii<trily  of  liic  llnim'  (lovci'ii- 
nit'lit.most  (if  llic  <irciil  |iriiiri|ilcs  wliidi  tlii-i  lloii-c  had  ii--cili  d  in  their 
address  of  IS.'!?,  and  .-till  adln  re  to. 

liisolrcil,  That  this  IIon.-(!  witc  inort!  (■.-iiecially  firatilii  il,  l>y  the 
cordial  and  <rank  admission  of  llic  claim  of  the  Asscmhly  to  control  and 
np|ir(i|)riutc  the  whole  ol'  the  |iiililic  rcvciiuc  arissiiig  in  the  Province, 
hichiding  the  cusual  and  territorial  revcuiii',  the  \'vv:^  oi'  ollicc,  ilic  piH)- 
cecds  of  land,  llic  royalty  jiaiil  M|ion  the  pnnhicc  of  niiiK,-,  and  the 
amount  of  tin;  old  crown  duties. 

Jii'solrrd,  'riiat  the  condition  ini|io»cd  upon  llie  .•.Mri'<ii(lii'  of  these 
revenues  to  the  control  of  thi'  Assenihly,  was  ehcerihlly  acipiii'x'cd  in 
liy  this  House,  ulio  have  always  rccoi^ni/ed  tlic  propridy  and  the 
necessity,  and,  on  conslitntional  grounds,  of  a.->igning  an  aihiiiialc  and 
pcrniancnt  pi'ovision  for  the  chief  execntive  and  judicial  olliccis  of  the 
Province;  ami  the  House  received,  as  a  gratifying  jiroof  of  Ihr 
Majesty's  conildence  in  this  Assenihly,  the  directions  given  to  His 
Excellency  dm  Lieutenant  Governor,  to  arrangi;  the  preci.-c  amount 
and  terms  of  the  proposed  civil  list  with  the  House,  and  the  express 
declaration  that  the  House  were  at  lihcriy  to  exercise  a  sound  judgment 
upon  the  amount  and  permanency  of  tlie  >alaries,  and  that  the  sums 
specified  in  the  dispatch  of  olst  Octoljcr,  IS.')?,  were  not  to  he  insisted 
on,  if  smaller  salaries  were,  in  their  opinions,  sullicient  for  the  proper 
maintenance  of  such  olliccrs. 

Jii'solrcd,  That  the  Hou>e  having  accordingly  proci/cded,  in  tlu;  last 
session,  to  consider  the  amount  of  salaries,  which,  in  their  judgment, 
ought  to  be  granted  for  the  permanent  supjiort  of  tlies*;  ollicer.-,  according 
to  their  station  in  society,  and  the  circumstances  of  the  Colony,  and 
having  communicated  the  result  of  their  deliberations  in  their  aildivss  to 
Her  Majesty,  have  received,  with  astonishment  and  concern,  the  di>i)atch 
of  the  27lh  Sej)teniber  last,  in  which  the  Colonial  Secretary  ha>  a  .unied 
aft  entirely  new  position;  and  withdrawing  the  consideration  of  the 
salaries  i'rom  this  House,  to  whom  it  most  properly  belongs,  has  directed 


'  I 


|i|^ 


fli 


n      \ 


''         I 


■i',-\ 


r.  ^1  ^':  I 


I  I 


%\ 


I 


1^: 


i':  fli<i 


188 


UESOLUTIOXS. 


ii<   ;■! 


i: 


M' 


llic  Llcutcimiit  Govei'iKii-  to  ii!>i>t  (ni  llic  .-iiin  of  £1700  ,-i|(M'liiig,  ^vl^K■ll, 
juklcd  to  llic  sum  of  ,£.']  1  10  stcrliii;:'.  ali'ciiily  scfurcd  by  jxTiniiiit'iit  Acts 
of  tliis  Lc^^isliiturc,  I'XC'fC'ds  llie  hirgf.-t  iiiiiouiit  (k'Uiaiuk'd  last  year,  and 
■would  t'lialilc  the  govcniiiicut  to  allow  to  these  ollicers  u  scale  of  salaries 
disproiiorlioiied  to  the  Jiieaiis  ol'tlu'  eountry,  ai'd  to  the  duties  to  he  per- 
formed, and  Avhicli  the  [leople  of  this  I'rovinee.  and  their  I'epresentatives, 
■would  eondenni  as  an  eMravaaant  Ma-te  of  the  j)uhlic  funds,  c.'nirary  to 
their  declared  wishes,  and  to  the  real  interests  of  the  government  as  well 
as  of  the  j)eojile. 

'Ikcsnlfcil,  That  the  House  lunc  al,-o  remarked  with  astoni.-hinent  and 
rejrret  the  terms  of  the  sam(^  dispatch,  dismissing  their  complairits  of  tho 
comiio.-ition  of  tht;  two  Councils.  In  re([iiesting  a  reconstruction  of  the 
upper  branch  of  the  Legislature,  and  of  the  Executive  Council,  this  House 
sought  not  merely  a  ehiuige  of  men.  but  of  [)rinci[des  ;  they  were  anxious 
that  the  ])ati'onage  and  favor  of  the  goverimient  should  be  equally  diffused 
among  all  classes  ;  that  the  re|)resentatives  of  the  people  should  not  bo 
thwarted  by  the  opposition  of  tin.'  np[)er  branch,  in  their  endeavors  to  in- 
troduce rational  rel()rms,  and  to  enforce  a  M'ise  economy ;  and  that  the 
teni|)er  and  s|)irit  of  the  local  administration  should  be  in  accordance 
with  the  opinions  and  wishes  of  the  great  majority  of  the  people. 

licsiili-vd,  That  the  House  ai'o  dissati-lied  with  the  composition  of  the 
tAvo  Councils,  for  the  reasons  set  forth  in  their  address  of  last  year,  a    l 
which  the  subsequent  changes  in  these  bodies,  and  the  experience    f 
thi.'ir  practical  operation,  as  now  constituted,  have  strengthr.'ned ;   ai  ' 
this  House,  as  resi)ects  the  J^cgisiative  Council,  and  the  spirit  by  whici 
it  is  animated  as  compared  with  the  representatives  of  tlu^  people,  ncoe 
only  to  I'efer  to  the  resolutions  and  a<ldress  on  the  subject  of  the  civi 
list,  which  were  adopted  by  the  Council  iu  the  last  session  and  enterc 
on  their  Journals. 

licsolvcd,  That  a  change  in  the  composition  of  both  Councils  is,  in  t' 
jutdgment  of  this  House,  indispen>able  to  the  public  weal;  and  that  man^ 
individuals  arc  to  be  ibund  in  this  Province,  w-hose  independent  [irinciples 
and  station  in  society  well  qualify  them  lor  occupying  a  seat  at  either 
board,  without  [)ecuniary  remuneration. 

liesolccil,  That  this  House  deeply  regret  that  Her  Majesty  has  been 
advi-ed  to  direct  the  disallowance  of  certain  Acts  of  the  Assembly,  which 
they  had  pass(!d  after  the  fullest  coiHideration  and  inquiry  into  all  the 
circumstances  of  the  case.  TIk;  Act  Ibr  regidating  our  internal  postage 
would  have  saved  us  upwards  of  .£1000  a  year,  and  left  to  the  govern- 
ment till'  unrestrained  and  necessary  control  over  that  important  branch 
of  the    public    service.     The  Act  for  limiting  the  jurisdiction  of  the 


CIVIL   LIST,    COU>'CILS,   T«ADE. 


180 


Adminilty  Court  was  rcganlt'd  Ity  tlio  comincrcial  and  sliippiii^  iiitcrosts 
as  a  beneficial  change  of  the  hiw;  and  having  been  in  us(,'  lor  nearly  two 
year.-;,  and  (bund  to  operate  without  injury  to  seamen,  the  Ilou^e  would 
deeply  regret  were  its  main  object  defeated  by  a  representation  in  wliieU 
they  cannot  concur;  while  the  Acts  for  incorj)orating  insurance  com- 
panies, and  for  allowing  certain  bounties,  though  they  may  be  in  some 
respects  opposed  to  the  policy  which  the  government  act  on  in  the 
mother  country,  appear  to  this  House  well  adai)ted  to  the  local  circum- 
stances of  the  Province,  and  to  the  advancement  of  its  trade  and 
manufactures. 

Hcsolced,  That  this  House  have  the  fullest  confidence  in  the  sincere 
and  generous  disposition  of  Her  Majesty  to  satisfy  the  resisonable 
expectations  of  her  ikithful  and  loyal  Commons  in  this  Province  ;  and 
they  attribute  the  disappointment  they  have  experienced  this  session, 
not  to  any  abandonment  of  the  wise  and  constitutional  principles 
announced  in  the  despatches  of  1807,  but  to  a  want  of  correct  in- 
formation, derived  from  the  proper  sources,  on  the  part  of  Her 
Majesty's  ministers. 

Jiesohcd  therefore,  That  the  House  deem  it  advisable  to  appoint  two 
of  their  members,  possessing  the  conndence  of  the  House,  to  proceed  to 
England,  and  to  represent  to  Her  jMajesty's  government  the  views  and 
wishes  of  this  House,  and  of  the  jjcople  of  2s'ova  Scotia,  on  the  subjects 
embraced  in  the  foregoing  resokuicns,  and  such  other  matters  as  may  be 
given  to  them  in  charge. 

In  seconding  the  resolutions,  ]Mr.  IIowo  delivered  this  ypeceh : 

In  rising,  sir  to  second  the  resolutions  just  moved,  I  must  also  apolo- 
gise for  the  time  which  will  iK'cessarily  be  occupied  on  the  su1)ject. 
Several  of  the  topics  have  been  heretofore  fully  sifted  in  this  Assembly, 
and  an  attempt  to  infuse  novelty  into  them  would  result  in  failure.  I 
feel  satisfied,  sir,  that  although  some  members  on  each  side  of  the  House, 
from  long  habit,  are  generally  inclined  to  take;  opposite  sides  on  such 
questions,  the  time  has  now  arrived  when  the  House  is  bound  to  feel,  as 
I  think  it  ought  to  have  hitherto  felt,  on  this  subject,  which  involves 
questions  dear  to  us  all  as  men,  and  which,  if  it  were  possible,  ought  to 
cause  the  dismissal  of  prejudice,  and  call  forth  one  general,  unanimous 
expijssion  of  sentiment.  On  former  occasions,  many  who  now  feel  as 
warmly  as  I  do,  thought  that  I  was  too  ardent,  and  too  busy  in  disturbing 
the  minds  of  the  people  of  the  country.  My  earnestness  on  such  occa- 
sions may  have  arisen  from  my  occupation  in  life.    Several  years  ago  my 


n 


ii  ti 


n  U' 


» 


:    ■:r:.^-,, 


{ 

100 


CIVIL   LIST,   COUNCILS,  TRADE. 


ib'iikI  Avas  !i>  fully  innili'  up  a-*  now,  tli:it  a  united  cllbrt  .-liould  bo  made 
to  get  rid  of  injurious  restrielion>.  I  iim  glad,  sir,  that  every  year 
brings  converts  to  my  opinions,  in  this  IIoiiso  and  in  the  country.  3Iy 
conviction  l)ecom('s  every  day  the  nior<'  rooted,  that  if  we  are  U)  remain 
part  of  the  British  ]"'nipire,  and  I  pray  that  we  ever  may,  we  mu.-t  bo 
Uritish  std)jeets  to  tli<!  fnlh.'<t  extent  of  JJritish  constitutional  freedom  — 
thai  freedom  which  consists  in  proper  re>ponsibility  of  government,  and 
the  control  over  the  odicers  of  the  Province.  ]Mv  anxietv  is,  sir,  to 
have  Nova  Scotia,  as  has  been  well  expressed,  incorporated  with  the 
islands  on  the  other  side  of  the  water  ;  I  wish  to  make  every  Nova  Sco- 
tian  feel  free  from  any  sign  ol'  bondage,  either  of  mind  or  body,  confi- 
dent that  he  walks  abroad  a  llriton,  in  fidl  equality  with  his  fellow  sub- 
jects elsewhere.  T(.  raise  them  to  that  character,  to  enforc(!  those  prin- 
ciples, I  have  taken  some  trouble,  and  I  feel  to-day  that  all  which  has 
hitherto  been  done,  has  to  be  repeated.  At  this  time  last  y<>ar,  dis- 
patches came  to  the  House  which  were  worthy  of  a  liritish  minister, 
and  which  enabled  us  to  grasp  great  principles  with  feelings  of  satisfac- 
tion and  trinmjth.  Such  fe('lings  had  been  exp)ressed  in  the  IIous(>  and 
throughout  the  country,  and  the  disposition  was  to  meet  the  princijdes 
included  in  those  dispatches  in  a  spirit  of  manly  freedom  and  of  firmness. 
Perhaps,  in  some  points  of  pounds,  shillings,  and  pence,  the  House  had 
attemi)led  to  stretch  its  authority  too  far ;  but  the  feeling  with  which 
those  documents  were  received  was  very  different  indeed  from  that  ex- 
l)erienced  this  day.  I  wish  that  the  liritish  minister  couhl  have  seen 
the  feeling  on  both  occasions;  that  his  eye  could  run  over  every  cottage 
in  the  country,  and  oliserve  the  alteration  which  his  altered  policy  will 
occasion;  —  those  of  la-t  year  were  I'cceived  with  extreme  pleasure, 
those  of  this  with  disgust  —  Iliad  almost  said,  execration.  When  the 
]anguag(i  on  the  two  occasions  was  contrasted,  it  woidd  not  cause  won- 
der that  men  should  be  distrusted  who  could  in  one  moment  ofler  an  In- 
dian gift,  in  the  next  withdraw  it ;  in  one  moment  speak  the  language  of 
freedom,  in  the  next  the  dictatorial  style  of  a  master  to  his  slave. 

I  think,  sir,  that  this  sul)ject  divides  itself  naturally  into  three 
branches,  —  the  civil  list  including  th(!  salaries,  the  Councils,  and  the 
trade  of  the  Province.  lves[)ecling  the  first  two,  men's  minds  are  pretty 
well  made  up.  On  these  I  will  only  contrast  old  views  with  some  lately 
expressed,  and  inquire  whether  the  opinions  of  the  House,  as  expressed 
during  last  session,  were  unsound.  The  hi-^t  topic  strikes  at  the  root  of 
our  trade  and  manufactures. 

In  relL'rring,  sir,  to  the  civil  list  and  the  salaries,  allow  me  to  remind 
the  House  what  was  the  object  of  our  pursuit  at  a  former  period,  and 


-ity 


of 


CIVIL    LIST,    COUNCILS,   TRADE. 


191 


wliaf  \va>  tlio  answer  ()I)t;iiiu(l.  In  ls,')7,  \vi.'  asscrtcil  in  our  address 
thai  tlic  llonse  had  a  riiclit  to  the  control  and  (hstriluilion  of  the  casual 
and  territorial  revenues  of  the  country,  ■wli'lher  ccjusisting  of  fees  of 
olfiee,  sales  of  lands,  royalty  ol'  mines,  or  (he  old  crown  duties.  AVas 
tliere  any  thing  uiu'casonahli;  in  that — any  thing  injiu'ious  to  our 
brethren  at  the  oilier  sitle  of  iIk'  water?  "What  did  the  Englishman  of 
Kent  or  Su.-sex  care  lor  a  .-hare  ol'  our  comi)aratively  paltry  revenues? 
lie  would  he  happy  (v)  sec  you,  as  he  does  himself,  managing  your  own 
concerns,  taxing  yourselves,  and  laying  out  your  income  in  a  ])ro[)er 
maimer.  There  was  not  an  Knglishman  l)ut  would  scorn  the  supposi- 
tion that  he  wi.-hed  to  interl'ere  in  sueii  concerns.  Tlie  demand  made 
at  the  period  alluded  to  was  proi)er  for  the  Legislature  to  make,  and,  sir, 
it  was  not  made  prematurely,  for  we  saw  those  revemies  sijuandered  and 
misa[)plied  ibr  years.  AVe  also  complained  that  the  control  i)Osscssed 
over  that  revenue  by  the  olficers  of  the  crown  destroyed  the  legilimato 
inlhience  of  the  representatives  of  the  people.  What  would  an  J^ig- 
lishmau  say  to  those  demands!''  lie  woidd  say,  II'  }-ou  have  my  blood 
in  your  bodies,  or  my  spirit  in  your  minds,  secure  a  proper  control  over 
the  ollicers  of  your  counlry;  he  Avould  say.  We,  mistaking  the  real 
source  of  i)0wer,  drew  the  sword  and  fought,  and  asserted  our  rights  by 
violence  I'or  centuries,  but  at  la-l  we  discovered  that  the  touchstone  of 
liberty  was  the  control  over  the  su[»[)lies. 

But,  sir,  what  answer  was  made  to  those  demands  ?  You  will  well 
remember  the  feeling  with  which  the  recognition  of  them  was  received 
by  the  Assembly.  The  whole'  scojjc  of  our  representations  were  not 
only  ap[)roved  of,  Ijut  we  were  thanked  i'or  making  tlu.'m.  AVt;  were 
lokl  that  Her  Majesty  did  not  make  any  reluctant  concession,  but  gave 
a  cheerful  assent  to  our  propositions,  satisfied  that  they  tended  to 
strengthen  the  relations  of  the  empire.  IJesides  that  general  answer,  a 
ppecillc  reply  was  made  on  the  point  of  control  ov(!r  the  revenues.  The 
claim  of  the  Assembly  to  a[)propriatc  those  means  was  frankly  ad- 
mitted most  specifically  by  Her  Majesty.  Such  was  the  s[)irit  of  18o7. 
The  right  of  the  Assembly  to  apportion  the  salaries  was  as  distinctly 
stated,  and  this  formed  the  basis  of  our  measure  of  1838.  I  am  anx- 
ious, sir,  to  get  rid  of  these  discussions  which  occur  year  after  year ; 
until  tlu>y  are  settled  on  right  principles,  there  will  nc^ver  Ije  i)eace,  se- 
curity, or  happiness  in  the  Province.  The  minister  in  1837  said,  that  it 
was  not  a  matter  of  consequence  to  the  government,  whether  the  sala- 
ries should  be  greater  or  less  than  the  amount  suggested,  so  they  were 
lixed  according  to  the  good  sense  of  the  Legislature,  and  llie  proper  de- 
mands of  the  persons  to  be  provided  for.     The  minister  also  said  that  he 


:i\  t 


1 , 


^i    I;- 


102 


civil,    I-IST,    COUNCirS,   TKAPK. 


voiiM  nol  s(l|)iil;ili'  lor  the  precise  ainoiiiil  oftlie  loliil  eivll  lisl,  anil  tliaf 
lie  would  eoii-idei'  il  iiiJiirioiH  and  imi-ejHonalile  to  sii|i|)ose  (liat  llio 
HoMs(>  woidd  refuse  lo  ;;raiil  llial  wliieli  was  nM|iiisile  lor  piildie  oHieers, 
ir  llx'  miiii-ler.  sir,  eouid  j^laiiee  over  liie  liistorv  of  llie  |'i-oviiiee,  he. 
woidd  iiol  lia\e  penned  llii'-e  lines  \Miiler  any  snp|>osilion,  Iml  under  ae- 
eurale  Knowiedui"  and  assurance.  llerore  I  sal  in  tins  House,  sir.  I 
closely  waldied  ils  |)roceedinijs.  1  liavc  Iteen  inleresled  in  (lii'  proi^ress 
of  public  allairs  (Voiu  my  lioxliooil.  and  I  never  knew  an  instance  ol'any 
pnlilic  sei\anl,  of  any  man  prel'erriuix  a  ju<l  claim,  wliicli  was  nol 
iVankly  allowed.  I  lia\(>  seen  (lie  ,\-<>(>mIdy  s<pianileriiiii  lliousauds  iii 
ai'ls  ol' lilxM'ality,  or  on  local  improxcnienls,  Iml  I  ne\er  s.aw  tlnan  refuse 
renumeralion  for  duties  performed.  Now,  sir.  for  (lie  (irsi  (ime,  i(.  is  at- 
tenipled  to  fa-tcMi  tliat  pallry  elianicler  upon  you  ;  now  you  are  (o  be 
compelled  (o  pay  wlial  in  your  liearls  you  feel  (o  lie  nnreasonable  .aud 
unjii>l.  Tlie  laiijiiiaire  of  IS.'i?  w;is  a<  I  liave  staled  il,  and  tlie  mailer 
Ix'in^'  left  to  llio>e  wlio  were  tlie  be^i   judges  of  wlial  sliould  be  done,  (lie 

House  proceeded  (o  arrange  (lie  bill  of  la^l  session.      Tliev  proc led  (o 

]>rovide  i'or  llie  support  of  e\ery  ollieei',  fcelin;;',  as  Nova  Scotians  sliould 
Icel,  that  (lie  mother  <'ountiy  ouulit  not  to  be  called  on  fo  pay  n  farlliinj]; 
towards  (lie  oIllciM-s  of  (lie  rr(n  ince.  'I'liis  was  (lie  feelinij  of  llie  .Vs- 
scnibly,  and  the  niiixcrsal  feelin;;-  o\(a'  (lie  country  ;  our  priile  :ind  mmisc, 
of  jus(ic(^  led  to  dial  coneiusion.  and  nrijed  us  lo  relieve  llie  |iar(Mit  slab* 
o\'  c\cv\  fraction  on  our  aci'onnt.  Tlie  salaries  were  accordingly  settled 
on  a  certain  scale.  As  so  imicli  lias  been  said  about  these  s.alaries,  and 
as  the  civil  list  ^vill  be  dr.awn  into  ihis  discussion,  allow  me  (o  say,  (hat 
the  salary  iriven  (o  the  ChielMuslice  was  i"S,"iO  sterlinL!:.  l-'very  reason- 
abl(>  man,  capable  of  jiidi:in;x  on  the  subject,  would  say  (hat  ihal  was 
adetjn.aie. 

1  admit,  sir,  that  a  man  from  th(>  mother  country,  familiar  with  llio 
profuse  expenditure  th(>re,  where  a  utMitleman  would  spend  as  much 
on  his  houmls  as  you  can  appropriate  to  your  roads,  —  ihal  such  a  man 
would  b(>  at  a  loss  to  understand  how  such  a  sum  would  snllice  for  .1 
Chief  .lusiici^;  but  in  ]>roporiion  lo  our  means,  and  manner  of  livinjx,  1 
assert  that  we  pay  oIliciM-s  hi;rher  lien^  ilian  they  do  in  I'aiiiland.  Tn 
England,  tlu'  VWwf  .Instit'c  could  nol  walk  thirty  yards  without  meeting 
some  half  doziai  urocers  who  could  buy  and  sell  him,  so  far  as  W(^allh 
went  ;  but  in  that  country  no  man  tliought  of  liirning  round  lo  (he 
Rothschilds,  and,  because  lh<>y  h;id  accumiil.ated  millions,  aririiing  Ihal 
the  Chancellor  of  the  Kxcho(inor  slioiild  be  phu-ed  on  a  par  with  them. 
So  we  should  not  attempt  to  settle  our  scale  of  salaries  with  reference 
to  tlie  one  or  two  wealthy  men  in  the  eomniunity,  but  lo  the  general 


nVM,    LIST,    COUNCII.M,    Tli,M»K. 


11.". 


11(0 
(Ml 
111(1 

lat 
-on- 
wns 

the 

IK^ll 

iu:m 

)!•  a 

:,  I 

Tn 

ting 
:il(h 
(ho 
liat 
cm. 
ncc 


n(al<<  (tf  llic  l'i'(i\  iiicc,  —  il-t  rc-iuiirccs,  wuiil-!,  ri'iiiiircmcnl-!,  ihmI  <liilic-;. 
Ami  wlijil  is  lli(>  stall'  of  tin'  I'loviiicc,  sif?  I  woiiM  !i>k  any  man 
faiiiiliai'  willi  llic  coiiiilry,  a-t  I  am  pioml  l<>  say  I  am  willi  every  ji'iil  of 
i(,  wIm'IIiit  il"  lie  (ravels  iVom  one  eml  lo  llie  oilier,  lie  will  (iiid,  oiiKide 
of  lialilax,  men  in  laisiness  \vlio  earn  I'.")'!!)  slerlin;^  l»y  llieir  imin^lry. 
Slionlij  we  (lien  lake  llie  (ine  or  two  Uirlimate  eNeeplion-!  in  tliis  (own  a  < 
till-  crilerion,  or  (lie  general  scope  ol'onr  resources  ami  onr  lialiil;  as  ihe 
nicMsnre  in  sncli  maders?  I  wonld  lie  (lie  la-(  man  wlio  wonjil  have 
_jii(l,;xes  ami  oilier  oll'ieers  so  poorly  paid  as  (o  lie  snlijecl,  (o  liarra^-iii'f 
cares,  and  (em|ila(ions  lo  eoriMplion.  No  sneli  lliin^  was  conlenipialed, 
ami  il  should  iiol  lie  sn|i|)osed.  We  see  (ellow  cili/eiis  cM-vy  day  per- 
rormin^  (hides  ri;;lileoiisly  and  ('ailliCnlly  Cor  cotnparadvely  small  renin- 
neralion,  and  we  never  sns|iee(  (heir  inle^riiy  liecaiise  (heir  iiiciime^  are 
moilerale. 

On  (liese  principles  of  lilieral  economy,  sir,  (he.  hill  ol"  las(  year  was 
Conndeil,  and  wlial  was  (he  resiill  ?  Why,  (he.  c(insidera(ion  ol"  llie 
casual  and  (errilorial  revenue  has  heeii  withdrawn  from  (lie  House;  (lie 
salaries,  ol'  which  we  had  heeii  allowed  lo  he  ihe  hesi  jiid;j;es,  ;ire  lixed 
IVom  these  revenues;  in-lead  of  hein;^  lel'l  lo  the  discretion  of  the  lic;^- 
islalnre,  as  every  i'iiii^lishman  would  say  they  should  he,  they  are  lixeil 
at  rates  which  llie  Assemhly  would  never  airree  to.  That  wa--  one 
hranch  ol"  (he  iiKpiiry  on  the  preseiil  occ;Hion,  and,  in  tnriiiiiLi;  our  minds 
to  il,  we  are  to  consider  whether  we.  exceeded  our  authority  in  making 
(he  demands  advanced  —  whether  we  went  heyoiil  (he  rii^lils  which  I>ril- 
ish  snhjecis  should  exercise.  If  we  have,  sir, —  if  in  Jisserlin;^  oiir 
rijrlil  to  coiilr(d  ihe  revenues  of  IIk^  comitry  we  did  thai  which  lOii^lish- 
iiieii  should  hhisli  lor,  ami  would  comlenin,  (lien  lei,  us  receile,  ut.  once;  hjt 
lis  say  that  we  were  in  error,  llial  we  mistook  our  ri.i^hts,  that  we  mis- 
took (he  condition  of  the  coimlry.  I>u(  if  we  are.  Palislieil  oC  the  reverse 
of  (his,  let  us  i'ecl,  as  I  triisl  onr  posterity  to  latest  ^fenerations  will  I'efd, 
(hat  Nova  Scotia  has  a  rii^ht  to  the  constitnlioual  control  of  her  revenues  ; 
let  lis  i\'\'\  (ha(  (his  is  not,  a  ([iieslioii  of  money  so  niiich  as  of  principle. 
li'  lh(?  country  feel  as  I  fe(d,  they  would  rather  he  laxe(|  douhh;  or  Irehle 
what  they  .aro  (axed,  (han  yield  ii  sixpence  on  eom|»ulsi()n,  contr.iry  lo 
the  ])rinciples  which  vwvy  Knglishnian  values  so  highly  in  tli(!  history 
of  his  country.  This  fe(;liiig,  (his  principle,  should  Im^  coiisiiU'red  as  part 
of  our  estate,  and  we  should  look  on  him  who  would  roh  us  of  it  Jis  wo 
would  on  him  who  would  depriv(^  us  of  our  property.  On  this  suhject, 
I  regret  lo  say  that  (he  ratili(.'d  convicdon  of  the  minister  in  iJi.'J?  has 
now  been  viohited,  and  liis  concession  wididiawn. 

The  other  branch,  sir,  to  which  I  will  brietly  address  myself,  is  the 
17 


i   .1 

"I 


'■'jf>i;,v\ 


!:; 


f'  I 


' 


il 


-;''■    ' 
•      i 


(fS'lMfi 


M 


194 


CIVIL   LIST,   COUNCILS,   TRADE. 


m-   ■  i 


-I' 


construction  of  the  Councils.  To  this  I  cannot  turn  with  any  degree  of 
pleasure.  It  is  far  from  pleasant  to  stand  u[)  in  [tublic  and  criticise  the 
political  conduct  and  princii)!es  of  individuals  ;  to  say  that  I  believe  that 
such  and  such  ffllow-citizcns  entertain  opinions  contrary  to  the  general 
feeling.  This  is  not  phiasant ;  but  it  is  essential  in  the  discussion  of 
these  (piestions.  I  will  not  go  back,  sir,  to  the  history  of  the  old  Coun- 
cil ;  to  what  led  the  Assembly  to  bring  the  question  before  Ilcr  Majesty's 
government ;  that  plain  statement  of  facts  —  facts  not  denied,  and  stand- 
ing prominently  on  the  history  of  the  Province  —  the  government  had 
complimented  the  Legislature  ibr  liringing  to  their  notice,  and  the  body 
complained  of  was  dissolved.  AVithout  going  back  a  step  further,  that 
may  satisfy ;  when  the  case  was  explained,  its  force  was  acknowledged, 
and  the  existence  of  the  body  terminated.  AVhat  was  the  language  of 
1837,  on  that  topic  ?  Several  in  this  Assembly,  —  from  a  long  examina- 
tion of  bodies,  chosen  by  men  in  Downing  Street,  professing  to  represent 
the  House  of  Pe(.'rs,  though  not  selected  as  they  are,  and  frecpiently  as- 
similating to  anything  but  that  House  —  several  came  to  the  conclusion, 
that  an  elective  branch  was  the  only  cure  for  the  evils  felt.  It  is  not, 
sir,  because  that  principle  is  put  down  in  a  neighboring  Colony  —  be- 
cause ordinances  have  taken  the  ])lace  of  the  Constitution  there  —  because 
the  bayonets  glisten  through  its  thoroughfares,  that  I  shrink  from 
avowing  that  principle.  The  events  of  the  year  have  proved  that  these 
selected  Councils,  except  under  careful  management,  will  make  matters 
•worse  instead  of  better  than  they  were.  In  the  address  transmitted,  a 
change  was  said  to  be  necessary,  and  an  elective  Council,  or  such  other 
cure  of  the  evil  as  would  be  effective,  was  jjrayed  for.  Tiie  answer  was, 
that  the  government  was  oi)posed  to  the  princii)le  of  election  in  such 
bodies,  but  that  certain  principles  had  been  adopted,  on  which  these 
Councils  were  in  future  to  be  constructed.  What  was  the  conduct  of  the 
Assembly  on  that  occasion  ?  Did  they,  as  in  Jamaica,  say  "  No  ;  you 
must  comply  with  our  wishes,  or  we  will  not  go  on  Avith  the  public 
business?"  The  House  did  not  so  act.  It  had  more  sense,  and  more 
consideration  of  what  was  due  to  the  government  and  the  country.  Did 
it  say.  We  will  stop  the  supplies,  as  was  said  in  another  Colony?  No. 
It  said.  We  will  waive  our  own  opinions  —  follow  out  your  views  ;  the 
principles  announced  in  your  dispatches,  if  fairly  followed  out,  we  are 
willing  to  adopt.  Could  any  conduct  be  more  reasonable  than  that  ? 
The  Colonial  Secretary  gave  his  view  of  how  these  bodies  were  to  be 
composed,  and  his  views  were  accepted  with  cheerfidncss  ;  we  said  we 
would  give  them  at  least  a  fair  trial.  What  were  those  principles  ?  One 
objection  made,  was  the  overwhelming  influence  of  one  religious  body  at 


il 

icr 
as, 


the 
are 
at? 

be 
we 
)ne 

at 


CIVIL   LIST,   COUNCILS,   TRADE. 


195 


the  boaitl.  The  Colonial  Socrelary  saiil,  in  his  ilispatclus,  that  that 
coini)laint  vas  too  well  iouiidcd,  and  that  a  coinpivhciisivc  <'han;,'(;  should 
take  eilect.  The  Governor  was,  aeeordin^rly,  directed  to  earcfidly  avoid 
any  sueh  religious  distinction.  I  do  not  hesitate  to  say  here,  sir,  that 
those  directions  were  not  carried  ont.  In  lioth  Councils  as  every  gen- 
tl(>nian  is  aware,  the  invidious  majority  was  continued,  —  a  majority 
which,  as  long  as  it  stands,  will  prevent  satisfaction,  and  will  giv(!  all  the 
influence  of  government  to  one  class  of  ])eople,  which  class  only  amounts 
to  one-fifth  of  the  whole.  That  state  of  things  was  continued  in  defiance 
of  the  sovereign's  directions.  What  was  complained  of  in  the  last  ad- 
dress ?  "Was  there  any  new  ground?  No.  AVc^  only  said.  Your 
Majesty  gave  directions  which  have  been  disobeyed  by  your  ollicer  at 
the  head  of  the  local  government.  lie  has  composed  the  Councils,  not 
in  accordance  with  the  princii)les  set  forth  by  Your  Majesty,  but  has 
again  given  the  influence  and  patronage  of  these  bodies  to  a  class  which 
only  counts  one-fifth  of  the  whole  jiopulation,  I  speak  of  that  class, 
here,  sir,  as  at  all  other  times,  with  respect.  Many  of  them  do  not  de- 
sire these  distinctions ;  they  repudiate  such  principles,  and  require 
nothing  move  than  impartial  justice.  In  the  Ivxecutive  Council,  of 
twelve  members,  we  find  seven  gentlemen  represent  one-fifth  of  the 
people,  and  five  represent  the  other  four-fifths  !  That  was  carrying  out 
the  principle  with  a  vengeance.  It  was  but  a  mere  shuffling  of  the 
cards ;  the  game  continued  as  before.  Turning  to  the  Legislative 
Council,  what  was  found  ?  In  a  body  of  eighteen  or  nineteen,  ten  were 
of  the  favored  denomination.  Was  that  following  out  the  principles  ? 
In  making  these  allusions,  I  would  not  be  understood,  sir,  to  reflect  for  a 
moment  on  the  liberal  Churchmen  of  the  Province.  Many  of  them 
desire  a  diflferent  state  of  things,  and  do  not  approve  of  any  improper 
distinctions.  But,  sir,  in  complaining  to  the  sovereign,  that  her  gracious 
intentions  had  not  been  carried  out,  did  we  do  more  than  our  duty  ? 
The  question  now  is,  on  that  point,  will  you  reiterate  your  demand. 
What  is  now  said  on  the  subject?  True,  we  gave  those  directions  in 
1837;  we  laid  down  broad  principles  on  which  your  Councils  were  to 
be  constructed,  and  thus  induced  you  to  accept  our  scheme ;  but  now, 
forsooth,  our  officer  having  disobeyed  our  instructions,  having  violated 
express  commands,  given  in  the  most  distinct  manner,  now,  forsooth,  you 
must  try  these  bodies,  see  how  they  will  behave,  and  if  evil  result,  some 
ten  years  hence  you  may  ai)ply  again,  and  have  the  same  farce  played 
over  once  more.  Our  friends  on  the  other  side,  sir,  will  no  doubt  make 
themselves  merry  at  the  difTcrence  of  our  feelings,  last  year  and  now, 
respecting  the  dispatches.     But,  sir,  a  Colonial  Secretary  is  nothing  to 


ii\ 


:ri 


M'-: 


r. 


l^ 


'■!'; 


T-: 


li-  m 


,       ,1    i 

mr 


19G 


CIVIL    LIST,    COUNCILS,   TUAnK 


':  ii  i 


i.  A  , 


nil'  ;  (li-piitclics  arc  ii()tliiii<^  to  mv ;  tlu*  f^rcat  principles  of  constitutional 

IV loin  wiiicli  our  tiiliicrs  coniniittcd  to  ns,  which  it  is  our  duty  to  instil 

into  tlic.  breasts  of  our  children,  —  tiicse  principles,  sir,  arc  not  to  be 
trampled  upon  by  a  Sc-cretary,  nor  a  bad  system  bolstered  up  by  dis- 
patches on  false  ^n-ountls.  15ut,  sir,  it  will  hi;  amusini^  to  turn  to  these 
dociunenis  l()r  a  moment.  We  are  told  that  Iler  Majesty  had  received 
some  f'xpldiKitory  statements  respecting  the  construction  of  the  Councils. 
These  documents  we,  of  course,  have  not  bi.'fore  us,  but  I  would  much 
like  to  se(!  them.  They  woidd  be,  no  doubt,  of  a  hi;^hly  amusing  char- 
acter. AVe  an;  told,  sir,  that  Her  Majesty  received  our  address  very 
ffracioiish/.  No  doubt  the  Queen  is  not  deficient  in  politeness ;  but  if 
Her  Maj(;sty  could  have  witnessed  the  manner  in  which  the  dispatches 
were  i-eceived  a  few  days  ago,  she  would  have  observed,  that  although 
the  usual  ibrmalities  had  been  paid  to  our  ad<lress,  we  felt  that  we  re- 
ceived an  answer  which  was  not  expected,  and  that  the  courtesy  evinced 
did  not  preclude  the  necessity  of  complaining,  and  that  courtesy  was  of 
slight  value  if  consideration  and  justice  were  wanting.  It  was  further 
said,  that  these  Councils  were  but  recently  constructed,  and  that  there 
was  but  little  opportunity  of  judging  how  they  would  perform  their  func- 
tions. That  was  the  answer  to  a  complaint  of  the  Legislature  founded 
on  reasons  adduced. 

It  was  admitted  that  the  instructions  had  been  violated,  disobeyed, 
and  in  answer  to  a  call  for  the  carrying  out  of  the  principles  '  -cognized 
by  ILm"  Majesty,  we  are  told,  Wait  until  the  bodies  are  tried ;  you  do 
not  know  much  of  them ;  you  are  mistaken  in  your  opinions ;  wait  until 
they  get  a  fair  trial.  And  after  the  ti'ial,  sir,  there  would,  no  doubt,  be 
the  same  farce  of  remonstranccj  of  dispatches,  and  of  violation.  Some 
other  remonstrance  beside  the  last  should  be  sent,  on  receiving  such  a 
reply  as  this.  It  might  be  very  well  for  Lord  Glenelg  to  give  the 
gentlemen  a  trial,  —  to  give  them  an  opportunity  —  before  judging.  I 
judge  them  by  their  sense  of  consistency,  and  what  they  consider  integ- 
rity. I  believe,  sir,  that  the  gentlemen  will  endeavor  to  carry  out  their 
princi[)les  in  the  other  end  of  the  building,  as  they  did  here.  Does  not 
the  Assembly  know  every  man  in  the  Council  ?  Do  not  the  people 
know  them?  Was  there  a  schoolboy  who  did  not  know,  the  moment 
the  lists  of  the  Councils  were  sent  abroad,  that  the  directions  had  been  dis- 
obeyed —  that  the  rules  laid  down  in  the  dispatches  had  not  been  carried 
out  ?  It  would  be  folly  for  me,  it  would  be  injustice  towards  the  gentle- 
men alluded  to,  to  suppose,  that  tlicy  who  here  opposed,  manfully, 
consistently,  every  liberal,  every  reform  measure,  would  change  by  going 
to  the  other  end,  and  controvert  the  principles  which  they  had  so  long 


■  'I- J 


1  a 
the 
I 

teg- 
leir 


(lis- 
[•ieil 
itle- 

iiiy, 


ong 


CIVIL   LIST,   COUNCILS,   TRADE. 


197 


supported.  I  onnlond  for  it,  that  on  view  of  these  Councils,  williout 
waiting  lor  any  legislative  notion,  it  was  our  tluty  to  ri'inonstratc  to  the 
sovereign,  and  that  duty  was  didy  performed.  IJnt,  sir,  if  we  wanted 
materials  for  judging  last  winter,  have  they  not  since  heen  furnished? 
I  will  not,  sir,  attempt  to  review  the  conduct  of  these  hodie.s  during  the 
year.  I  was  absent  much  of  the  tinu;  from  the  I'rovince,  and  am  not, 
therefore,  so  lit  as  I  otherwise  might  be  lor  the  task ;  but  I  will  take  one 
act  of  each  of  the  Councils,  and  venture  a  few  remarks  on  both.  It  was 
in  the  memory  of  members  that  in  conserpience  of  Lord  Diu'ham's 
mission,  a  temporary  dissolution  of  the  Councils  having  taken  place,  a 
majority  of  the  Assemljly  thought  right  to  communicate  their  views  to 
the  Lieutenant  Governor ;  and  a  great  outcry  had  been  made  ntspecling 
this  .step.  I  would  ask  any  man,  whether  similar  conduct  in  the  House 
of  Commons  would  have  been  thought  imi)roi)er  ?  If  a  member,  there, 
rose  and  moved  that  the  House  had  no  contidencc  in  Her  Majesty's 
ministers  —  that  certain  promises  which  had  been  made  to  the  people  had 
not  been  carried  out,  would  he  be  stared  at  as  having  done  something 
imusu.nl  and  discourteous?  The  resolution  which  passed  on  the  occasion 
alluded  to,  was  received  by  His  Excellency  in  the  gracious  manner 
which  became  the  head  of  the  government,  and  he  evinced  no  feeling 
on  the  subject ;  he  could  not  be  expected  to  act  otherwise,  acquainted  as 
he  was  with  the  practice  of  Parliament.  Was  that,  however,  answered 
by  a  message,  a  remonstrance,  at  the  bar  of  the  House?  No,  sir;  but 
the  closing  si)eech  of  the  session  was  used,  in  order,  I  Avill  say,  to  insult 
this  ass(Mnbly.  An  exercise  of  the  distinct  rights  of  this  branch  was 
declared,  in  that  speech,  to  be  a  violation  of  the  prerogative.  If  it  was, 
sir,  I  must  have  read  history  to  very  little  purpose  indeed.  But  if  that 
speech  had  stopped  there,  I  would  have  thought  but  little  of  it,  and  might 
have  supposed  that  His  Excellency  had  mistaken  the  nature  of  the  reso- 
lution, or  his  own  po\V(;rs  as  Governor.  Another  passage,  however, 
occurred,  which  showed  pretty  plainly  the  kind  of  advice  His  Excellency 
had  received.  Referring  to  the  construction  of  the  Councils,  he  said  that 
satisfaction  could  not  be  given  to  all,  and  that,  no  doubt,  some  individuals 
were  displeased  because  they  themselves  had  not  been  appointed.  It  is 
very  true,  sir,  that  there  is  some  difference  between  an  insinuation  and 
an  assertion ;  but  when  that  passage  was  read,  every  man  felt  that  a  dis- 
courteous, improper,  most  impolitic,  and  an  indecent  use  had  been  made 
of  the  occasion,  and  of  the  relation  which  the  highest  executive  officer 
bore  to  the  other  parts  of  the  Legislature.  I  felt  but  little  personally  ; 
the  insinuation  could  not  apply  to  me ;  and  many  others  with  whom  I 
acted  were  as  little  deserving  of  the  insult  as  I  considered  myself  to  be. 
17* 


;:t 


H 


li 


1 1' 


I.  )i 


m 


198 


CIVIL    LIST,   fOUNCILS,   TRADE. 


ii 


I 


Tlii-i,  liowovor,  I  fake  it,  is  one  of  iIk;  acts  of  the  Kxcciilivc  Council. 
Tlicy  may  reply  that  they  were  not  coii-iiltcd  ;  it'  so,  wliat  arc  they  for? 
If  they  arc  to  be  treated  witli  distrust  or  negh'ot,  they  have  faih'(l  in  one 
of  the  most  vahiahle  fimctions  which  ihcy  can  be  called  on  to  exercise. 
Other  things  have  occurred,  appointments  liave  been  made,  on  which  I 
might  comment,  but  I  feed  that  I  am  trespassing  on  your  time,  and  pass 
on.  [Here  3lr.  I'niacke  a>ke<l  lor  the  charg(!  instead  of  the  insinuation, 
and  ^Mr.  Howe  replied  that  he  would  give  him  enough  of  it  before  the 
debate  ended.  Mr.  Howe;  continued.]  I  admit,  sir,  that  the  Legislative 
Council  have  not  done  much  within  th('  past  year  on  wjiich  charges 
might  be  founded,  except  the  refusal  to  pass  somt;  bills.  IJut  we  judge, 
them  by  what  we  know  of  tluMu ;  and  we  see  the  influence  tiu-re  given  to 
two  or  three  gentlemen,  whose  oi)inions  arc  amjjly  understood.  The 
experience  of  past  years  justifies  us  in  judging  of  them  now;  there  could 
be  no  mistake  on  the  subject ;  they  are  the  men  they  were,  uml  I  sup- 
pose they  will  continue  to  be  so. 

We  will  now  look  at  the  atiswt'r  (jf  tlie  Council  to  the  address  of  the 
House.  It  contained  one  very  amusing,  gentle  insinuation,  that  you 
country  gentlemen  did  not  know  what  good  society  was,  —  how  gentle- 
men ought  to  live.  Many  of  you,  no  doubt,  are  plain  men,  and  live  in 
an  unostentatious  style ;  but  I  think  that  most  of  you  arc  ac(iuainted  with 
the  stale  of  the  town,  with  the  manner  in  which  gentlemen  should  live, 
and  witii  wliat  ought  to  be  paid  to  flic  oliiccrs  of  government.  On  these 
points,  however,  the  Council  insiiuuite  that  you  know  nothing;  although 
a  passage  of  a  former  dispatch  evinces  that  Her  Majesty  then  thought 
that  your  knowledge  was  sufficient.  An  insinuation  of  this  kind,  com- 
ing from  the  other  end,  was  of  some  weiglit  in  showing  the  spirit  which 
influenced  the  body.  I  was  astonished,  sir,  in  reading  tiie  first  of  the 
resolutions,  on  which  the  Council's  rei)ly  was  founded,  and  I  referred  to 
a  former  opinion  of  the  chairman  of  the  committee  who  drew  up  that 
document.  In  the  resolution  it  is  stated  that  £3000  sterling  is  the  least 
that  ought  to  be  paid  to  the  Lieutenant  Govci-nm-  of  Nova  Scotia.  This 
morning,  sir,  I  recollected  that  the  chairman  of  that  commiltee  had  ex- 
pressed a  different  opinion  in  the  debates  of  this  House  on  a  former  oc- 
casion. I  allude,  sir,  to  the  gentleman  who  represented  Cumberland  for 
some  years  in  this  Assembly.  In  1834  he  proposed  that  the  then  Lieu- 
tenant Governor  should  receive  £3,500  lest  any  other  proposition  should 
occasion  the  dissent  of  government,  but  that  it  should  be  i)rovided  that 
Ilis  Excellency's  successor  should  only  receive  £'2,500.  That  was  the 
language  of  1834 ;  but  he  has  received  new  light  since,  and  now  he  owns 
that  £3000  sterling  is  the  least  that  should  be  paid  annually  to  any 


CIVIL   LIST,   COUNCILS,   THADK. 


190 


i-ht 

om- 

licli 

the 

to 

liiit 

ast 

lis 

X- 

lOC- 

tor 
II- 
ikl 

Kit 

he 
ns 
iny 


Lioutcnnnt  Govornor.  T^cfcrcncos  liad  iil-o  Itccii  made,  in  (he  ifply  of 
the  CoiiiK'il,  to  tlie  .^alarios  lixcd  in  New  Ilrnnswiclv.  IJiit  (iiere.  undor 
diflerent  circiiinstaiici's  liom  ours,  the  salaries  Iiad  In  en  lixeil  too  hi;^'h  ; 
nnd  a  party  was  now  rising  in  tliat  I'rovinn'  aimini;  at  tlieir  rochietion, 
and  such  an  attempt  will  bo  anion;?  tlit"  next  class  of  popular  (lucstions 
there.  The  speaker  of  the  New  IJrnnswick  Asseinldy  had  assi-rted  that 
tin!  scale  of  salaries  was  X20U0  uhove  what  it  shoidd  he.  Yet  the 
Council,  which  was  to  ('ooj)erate  with  this  House,  and  to  express  the 
opinions  of  the  country,  refer  to  the  neighhoring  Pruvinct!  for  tin;  pur- 
pose of  thwarting  our  views  in  arranging  the  pul)lie  expenditiuc.  Con- 
trast that  opinion  with  what  Lord  Glenelg  had  ex])ressed  on  the  same 
sul)j<'ot.  One  matter  should  not  l)e  forgotten  in  this  place.  Ills  lordship, 
in  his  dis[)atch  of  1837,  declare<l  that  he  would  not  shrink  from  a  reduc- 
tion in  the  ( iovernor's  salary,  and  that  Ik;  was  pleased  that  tht;  CJovernor 
concurred  in  the  opinion  that,  on  a  vacancy  in  the  oflioe,  a  reduction 
might  be  accomplished  for  the  future.  Yet  here  was  this  precious 
Council,  which  was  so  anxious  to  cooperate  with  the  Assembly,  giving 
views  in  direct  contradiction  to  the  reconunendalion  of  the  crown  and 
tlie  recorded  opinions  of  the  chairman  of  their  own  connniltee.  This 
Avas  a  manifestation  of  spirit  and  consistency,  gleaned  from  the  his- 
tory of  tlic  last  year.  Lord  Glenelg  also  referred  to  New  lUnmswick, 
but  not  for  the  purpose  of  extracting  more  money  from  us.  lie  said 
that  here  we  had  but  a  small  revenue,  and  did  not  receive  the 
hirge  sum  which  was  handed  over  in  that  ]'rovinee.  Our  Council, 
however,  refer  to  it,  not  for  the  purpose  of  making  a  better  bargain 
for  Nova  Scotia,  but  for  the  very  reverse ;  not  to  effect  a  reduc- 
tion, but  to  cause  an  increase.  His  lordship  said,  on  account  of  the 
disparity  between  the  two  Provinces,  he  could  not  press  for  the  same 
provision  heie ;  the  Legislative  Council  make  a  contrary  use  of  the  ex- 
ample. They  also  say,  in  New  Brunswick  a  Master  of  the  Rolls  had 
been  appointed  with  a  salary  of  £800  sterling  a  year.  That  is  an  ex- 
ample for  Nova  Scotia.  This  morning,  sir,  I  read  a  speech  made  in  this 
House  by  the  chairman  of  the  Council's  Committee,  in  which,  in  1834, 
he  objected  to  raising  that  olficer's  salary  to  £800  currency,  and  thought 
£G00  cui'rency  sufficient.  Now,  however,  £800  sterling  affords  a  good 
example.  In  these  resolutions,  also,  an  attempt  was  made,  unworthy  of 
a  frank  and  candid  mind,  to  fix  on  the  House  a  principle  which  it  never 
intended  to  establish.  It  was  attempted  to  show  that  because  we  gave 
the  exorbitant  salaries  to  custom-house  officers,  which  were  forced  on  the 
Assembly,  and  because  we  recognized  that  act  as  binding,  that,  there- 
fore, we  should  admit  the  emoluments  of  the  judges,  although  these  were 


?ii 


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200 


CIVIL   LIST,  C'OUN'CILS,  TIIADK. 


it 


'ii'f.h. 


B!)     ' 


mndc  up  of  f('(M  not  .s.-inctioiwd  liy  ni\y  law.     If  the   r<<';ri>latm'f'  rt'fog- 

lii/<'(l  a  law  iiilo  wliicli  il  liad   hccii  t'ot-r I,  Imt  wliicli   had  ncviTllirlrss 

been  I'ldly  ralilicd,  was  tlial  a  rca^fia  why  wo  >hoidd  rccd^rni/i'  what  wo 
Imd 


)ii 


never  ae(|iii('sced  in,  and  what  had  nu  law  lor  its  support?  let.  « 
an  analo^'y  so  carried  out,  a  reconnnendalion  in  the  re-ohition-  had  lieeii 
Ibunded.  This  may  sidliee  respeetin;^'  the  re«(duti()ns()f' that  body.  I  ilo 
wi-li,  sir,  that  they  had  had  a  leidin;^  lor  this  yonn^  eonntry  when  they 
made  references  to  New  IJrnnswick,  in>lead  of  temptin;.'  the  <:()vernMient 
to  (ix  the  salaries  at  a  rate  too  hii^h  lor  our  means.  AVhy  did  they  not 
tell  the  Avhole  (nilh  in  the  matter,  and  say,  that  in  settlin;^  its  rpiestionn 
of  revenue  tliiit  Province  received  in  cash  £170,000;  and  that  it  wa«( 
five  of  debt  ;  while  Nova  Scotia  owed  fl'JO.OOO  and  had  no  treasnn^  to 
receive?  That  was  the  statement  which  should  have  been  made,  if  thn 
object  was  to  j^ive  a  fair  view  of  the  ipn'stion.  This  body,  sir,  which  was 
to  cooperate  with  the  Assembly,  and  to  represent  the  people  sotridy,  did 
not  say  a  word  of  the  X83,00O  which  bad  been  wasted  in  ten  years,  by 
a  system  of  criminal,  lavish  prolusion.  One  would  supi)ose  that  a  feel- 
ing for  this  youiif?  country,  an  anxiety  to  extenrl  its  resources,  woidd  in- 
duce to  a  reference  to  this  fact.  Ibit  neither  that,  nor  any  thin;^  of  a 
similar  temlency,  wa?*  introduce<I  into  the  representation.  Yet  the  fact 
could  bo  easily  proved,  and  that  the  expenditure  bad  occurred  under  a 
system  which  the  country  disapproved  of,  and  which  struck  at  the  root 
of  i)ublic  prosperity,  and  at  the  di.i^uity  of  that  Legislattn-e  whicli  should 
have  the  legitimate  control  over  the  public  olFicers  of  the  I'rovinee. 

I  will  now,  sir,  make  a  few  remarks  on  the  dispatches  which  have 
been  received  this  session.  And  here  I  am  struck  with  an  aeknowledir- 
ment  of  the  receipt  of  two  letters  from  officers  in  this  Colony,  praying 
that  they  shoidd  not  be  left  to  the  mercy  of  the  Legislature.  If  such 
were  written,  they  were  derogatory  to  the  sense  of  duty  that  these  olR- 
cers  owed  to  the  Legislature  of  the  country,  in  whose  justice  and  wisdom 
they  might  have  safely  eoiilided.  How  tiie  people  of  England  would 
laugh  at  a  similar  exhibition  among  themselves;  if  a  couple  of  surveyors 
should  address  the  crown,  jmiying  that  they  should  not  be  left  for  their 
emoluments  to  the  House  of  Connnons,  but  that  the  queen  should  take 
their  e;ise  particularly  info  consideration!  Respecting  the  disallowance 
of  the  Oath  I>ill,  I  will  make  only  one  remark.  I  am  soriy  that  the  Act 
of  the  Im[)erial  Parliament  obliges  us  to  do  any  thing  so  offensive  to  our 
Catholic  brethren.  The  member  for  Isle  Madame  remarked  on  this  sub- 
ject, that  he  had  reason  to  be  satisfied;  for  Catholics  had  been,  in  this 
respect,  emancipated  from  restrictions,  while  jjoor  Protestants  were  not, 
and  were  not  likely  to  be.     It  is  not  worth  while,  sir,  to  bring  the  Shu- 


iP  H 


<ir  ;ii 


ive 


ing 


ih- 
lis 
ot, 
ui- 


CIVIL   LIST,   COUNCILS,  TnADK. 


201 


Itctiaciulic  C'uiimI  ii»t(»  lliii  di-riis-inii.  Ii  Im-;  ltd  n  |.  f,  iinl  lo  ili.' ullici  th 
(if  ilic  ('iiju'inccr  (|('|)(U'tiin'iit,  ami  I  sii|i|)()s(',  if  ii  i-*  liiiiinl  not  |(»  iiiirrf'cn' 
with  llir  Cilinli'l  Hill,  (ir  llir  |iii\v<l('t-  inii;ra/iiit>,  aiitl  if  iiiniiiy  laii  In  nl). 
lainrij,  ilif  Wdilv  may  In'  |>i(>-i'ciiti'il.  TIk'  otitpDrt  (|iir-.ti(iii  lia>  Ihi'h 
litnv'  a^'iiali'il  lliniii;rli()iii  u  '  I'roviiirc,  an  oiu:  of  vital  iiii|iiii'taiicr.  In 
Kii;i;lanil,  wlu't'c  a  j^frtit  <it'I)t  o\i>/  ,  taxes  have  to  hi-  faix'd,  imt  \\>v  iiiiif 
j»iir|)<t«t'.H  ol'  i'(j.'iilali<tii  of  l!'a<|i  .  but  lo  jiiiy  an  cnoriiioii-*  iiilciT-t.  Thiic 
it  ini^zht  l»c  ii(n.*(.'s.<ary  that  t'(jMii(»<'nv'  >htiiilil  !)'•  fcstrictcd  to  a  ccrtnin 
nmnhcr  of  polls.  Hut  diii  tUo.  saiui.'  n-fMon^*  apidy  Ih-i'i;?  Was  tlifi-t! 
any  n'asini  why  Arichat  and  /^'^l>y  ."'hould  not  g(  I  cvcfy  (acilily  in  their 
tfade,  mid  many  other  plai-es  aloii^  flu'  sealtoanl?  'riii>  iilii<<t.  we  ar»j 
told,  has  hreii  referred  to  the  eoUcc'lor  and  eoiitroUrr  at  Ilalil'ax  ;  to  the 
tender  inereies  ot'tht'so  fi;onlIeineii  it  has  heeu  onlnislid.  1  di*  not  lilame 
them  I'or  exereisiiig  a  t^ouiid  diseretioii,  and  for  yivin;;  their  views  to  ^'ov- 
ornment  whenever  they  think  it  ri;^lit  to  do  so;  Imt  I  recollect  that  a 
doeiimeiit  went  from  a  liirmer  ICxeciilive  C'oiineil,  of  which  the  collector 
was  a  memlier,  and  thai  it  was  entirely  eunnter  to  the  Assembly's  repre- 
sentation on  this  siiliject,  and  that  it  (ina.-hed  the  matter.  It  remains  to 
be  seen  whether  the  spirit  infused  into  that  document  still  continues.  No 
doubt  it  does;  the  man  will  be  consistent  if  he  thinks  himsidf  rif;;ht,  and 
the  same  fate  will  attend  your  application  now,  as  attended  that  on  tli(3 
panie  sultject  formerly.  The  next  siil)ject,  sir,  on  which  1  spend  a  few 
moments,  is  the  I'osl  Ollicc  a[>[»lication.  Scnc  who  hear  me  may  not 
well  understand  what  the  dispatch  means  on  this  subject.  The  hnj];o 
Coiporation  Bill  of  last  year,  will  be  recollected ;  well,  sir,  during  a  for- 
mer session,  a  bill  was  transmitted  from  the  post  olliee  department  in 
England,  a  bill  about  fiv(!  times  as  large  as  tin;  Corporation  IJill,  and  it 
was  such  a  bundle  of  absurdities  that  nothing  could  be  iiiaile  of  it.  The 
same  went  to  the  ditl'erent  Colonies  witli  like  ellect ;  all  declined  having 
any  thing  to  do  with  the  unintelligible  mass.  Now,  when  we  passed  a 
Post  Olliee  IVill  applicable  to  the  Province,  we  are  told  that  we  might 
stop  the  mails.  That  might  be  said  with  a  better  gr  ice  in  Canada  ;  but 
it  is  said  to  us,  and  the  bill  is  disallowetl.  Regarding  the  fisheries,  I  will 
not  longer  occu|)y  your  time  than  to  say,  that  when  I  heard  the  pompous 
announcement  that  we  were  to  have  the  benefit  of  "an  armed  force,"  1 
thought  there  was  an  end  of  the  American  jigging  of  mackerel,  ami  illegal 
catching  of  codfish;  but  the  dis[)ateh  dispelled  the  delusion,  for  we  are  to 
have  one  vessel  in  the  Bay  and  one  in  the  G  iilf,  and  we  know  how  much 
our  neighbors  care  for  that  kind  of  armed  protection.  But  there  was  also  a 
remonstrance  to  be  made  by  the  minister  at  Washington.  No  doul)t,  sir, 
that  Van  Bureii  will  receive  the  representation  on  this  subject,  as  Her 


m 


;  !■'"  1 


!■( 


202 


CiVIL   LIST,   COUN'CILS,  TRADE. 


Majesty  roceivod  our  address,  vcrij  (/raciousli/,  and  that  similar  ('ffcct.s 
Avill  follow.  In  this  manner,  other  important  topics  have  hoen  treated  ; 
and  if  the  Legislature  shall  agre<^  in  the  terms  of  these  dispatches,  tho 
sooner  our  merchants  and  maiuifacturers  remove  from  our  shores  the 
better  for  themselves. 

If  ■we  cannot  in  tliis  Province  give  encouragement  to  our  fisheries,  or 
to  the  manufacture  of  chocolate,  or  tobacco,  or  to  insurance  companies, 
unless  the  gentleman  who  writes  the  dispatches  is  conciliated,  —  and  if 
this  Legislature  agree  to  such  ii  state  of  things,  then  farewell  to  the  free- 
dom of  our  Provincial  Legislature,  and  to  the  prosperity  of  the  country. 
Of  the  Marine  Insurance  Company,  it  is  said  that  it  does  not  yield  secur- 
ity, and  that  its  whole  capital  might  he  swallowed  up  ;  therefore,  the  act 
of  incorporation  is  not  allowed.  This  was  passed  after  a  deliberate  view 
of  the  circumstances  and  requirements  of  the  country  ;  the  risk  was  ours, 
and  wc  might  be  allowed  to  ibllow  the  course  which  appeared  to  us  most 
wise.  But  let  us  see  the  result  of  the  operations  of  this  company.  In 
1837,  the  stock  of  that  company  paid  twelve  and  a  half  per  cent.,  all  risks 
settled;  in  1838,  it  divided  seventeen  and  a  half  per  cent.,  and  the  pres- 
ent year  it  yields  twenty  per  cent. ;  while,  in  addition  to  these  large  divi- 
dends, £1283  has  been  added  to  the  paid  up  capital.  Now,  sir,  I  would 
like  to  be  informed  whether  this  Legislature,  or  Mr.  Stephen,  in  a  back 
office  of  Downing  Street,  is  the  ber-t  authority  to  regulate  such  matters. 
It  has  been  frequently  said,  sir,  that  these  Colonies  are  burthensome  to 
the  mother  country,  and  that  we  should  not  complain  of  slight  grievances 
because  we  have  so  many  benefits ;  we  are  protected,  and  pay  nothing 
for  our  advantages.  The  only,  or  chief  matter,  in  the  way  of  trade,  in 
which  advantage  is  given,  is  in  the  timber  business.  The  timber  which 
comes  from  the  adjoining  Provinces  has  an  advantage  over  the  foreign 
article,  which  I  would  not  defend  on  account  of  its  effect  upon  the  con- 
sumers at  home.  But  if  we  are  to  be  restricted  for  the  benefit  of  mer- 
chants and  manufacturers  in  the  mother  country,  let  us  have  some  fair 
corresponding  advantages.  This,  and  the  advantage  enjoyed  in  the  West 
India  trade,  I  look  upon  as  a  right,  rather  than  a  privilege.  The  Prov- 
inces pay  very  largely,  in  every  way,  by  the  advantages  which  the  British 
trade  enjoys  in  our  market.  In  almost  every  thing  the  foreign  article  is 
taxed  in  favor  of  the  British  ;  on  a  great  number  of  foreign  articles  from 
ten  to  thirty  per  cent.  In  this  manner  we  paid  ;  and  not  the  smallest,  most 
insignificant  article,  could  be  brought  in  without  thus  contributing  to  the 
means  of  England.  I  do  not  comi)lain  of  this  ;  I  only  refer  to  it  in  order 
to  answer  a  charge  generally  made.  To  me,  sir,  the  dignity  and  integrity 
of  the  empire  are  dear,  and  I  feel,  I  trust,  as  a  British  subject  should 


i;    ill 


!     i' 


CIVIL   LIST,   COUNCILS,  TRADE. 


203 


!i.    ■ 


fe'.],  —  proud  of  the  Iiistoiy,  and  literature,  and  science  of  the  mother 
country, —  of  belonging  to  that  empire,  wliich  presents  to  the  Avorld  in 
all  its  phases,  an  example  of  greatness  and  glory.  But,  sir,  here  is  the 
country  of  my  birth ;  this  little  spot  between  Cape  North  and  Cape  Sa- 
ble is  dear  to  mo,  as  a  Nova  Scotian,  above  every  other  place  ;  and, 
while  priding  myself  in  the  glories  of  the  empire,  I  respect,  as  a  native 
should  do,  the  soil  on  which  I  tread ;  and  when  invidious  remarks  are 
made  would  attempt  their  explanation. 

For  the  reasons  adduced,  sir,  I  am  inclined  to  support  all  the  resolu- 
tions which  have  been  laid  on  the  table,  and  have  felt  it  to  be  my  duty 
to  bring  the  elements  of  the  debate  before  the  House,  and  ask  whether 
members  are  willing  to  allow  matters  to  remain  as  they  now  find  them, 
or  whether  they  will  take  the  only  additional  step  that  is  open.  In  the 
dispatches  of  1837,  Lord  Glenelg  invited  a  delegation,  and  said,  that  if 
gentlemen  should  be  deputed,  they  would  receive  every  attention  in  his 
department.  A  delegation  may  not  be  able  to  accomplish  all  that  is 
desired,  but  I  believe  that  it  may  do  much  that  will  be  very  aecei)table. 
It  would  do  good  by  bringing  government  in  contact  with  one  or  two 
members  of  the  House,  who  would  represent  the  majority  of  the  Assem- 
bly and  of  the  country.  An  objection,  no  doubt,  will  be  the  expense. 
The  expense,  sir,  compared  with  the  principles  involved,  I  consider  as 
nothing.  It  would  be  only  such  an  expense  as  the  country  would  wil- 
lingly pay,  even  by  subscription,  were  such  a  course  necessary.  The 
time  has  now  arrived  in  which  the  House  must  recede,  or  must  main- 
tain its  ground ;  when  we  must  repel  additional  evils  attempted,  and 
make  a  full  and  personal  expr(!ssion  of  the  grievances  of  the  Province, 
or  fail  in  our  duty.  To  those  »vho,  like  myself,  have  been  long  engaged 
in  this  struggle,  I  would  say  a  few  words ;  though  the  odds  against  us  are 
gi'cat,  we  must  still  struggle  on.  Often,  when  I  have  considered  the 
want  of  unanimity,  the  want  of  knowledge,  and  the  want  of  energy 
among  the  people  generally,  compared  with  the  wealth,  the  otricial  influ- 
ence and  sagacity  of  those  with  whom  we  contended,  I  have  felt  that 
the  chance  of  success  was,  at  many  periods,  but  very  slight,  and  have 
experienced  that  sinking  of  the  sj^irit  which  such  reflections  were  calcu- 
lated to  produce ;  but  I  invariably  endeavored  to  rally,  by  considering 
what  I  owed  to  my  country  —  by  considering  what  others  struggled 
through,  and  to  eventual  success.  I  turned  to  the  history  of  those  who 
Lad  striven  for  the  same  principles,  and  remembered  how  many  hearts 
were  broken  in  such  attempts.  Shall  we  not  also  do  our  duty  in  spite 
of  difficulties  ?  now  tl.at  we  know  the  eyes  of  the  population  are  turned 
on  us,  will  we  desert  our  post,  and  allow  our  minds  to  be  depressed 


f 


!^:i! 

i,;i 


'1  'i' 


\\, 


l\      1 


204 


CIVIL    LIST,    COUNCILS,   TRADE. 


i>  li 


I  V 


by  ii  si;j;lit  of  (ho  coiirst'  we  liiivc  (o  run  ?  Of  what,  in  the  end,  need  we 
be  afraid  ?  Will  any  Kii<i;lislnnan  iind  i'ault  with  us?  He  would  say, 
AVhat  you  are  now  contending  for,  I  also  st niggled  ior,  sword  in  hand. 
Yes,  (he  history  of  John  IJnIl  hiniselC,  shoidd  s(inuilal(!  to  ox(!r(ioii  in 
this  cause  ;  if  (he  establishment  of  such  ]trinei|)les  as  we  contend  for  ga\'C 
him  such  trouble,  and  was  at  last  proudly  accomplished,  ought  not  we  to 
take  courage?  Is  it  a  Scotchman  who  would  find  fault  with  our  con- 
duct ?  Let  liini  turn  lo  his  own  lovi'd  country,  when  a  few  otncerswere 
sent  down  from  London  to  exercise  all  the  power  and  influence  of  the 
land,  and  when  corrupt  minions  domineered  over  the  energies  of  a  whole 
p(>ople.  "When  ln^  reads  his  country's  history  aright,  lie  will  say  that; 
the  struggle  which  we  carry  on  constitutionally  and  peacefully  is  the 
produce  of  that  spirit  which  has  descended  from  the  fathers  to  the  chil- 
dren of  his  native  land.  AVill  an  Irishman  find  fault?  Let  liim  glance 
over  (he  green  fields  of  his  native?  island,  and  see  how  that  country  haa 
been  degraded  and  restricted  from  causes  similar  to  those  of  which  avo 
complain  —  see  how  that  country  has  been  governed  by  the  minority, 
luitil,  in  the  most  fertile  vales  of  earth,  the  pi-asant  toils  from  morn- 
ing till  night  with  not  more  than  the  food  of  a  beast,  —  until  the  iron  rigor 
of  the  system  enters  into  his  very  soul.  Then  let  him  find  fault  with 
us  for  putting  down  in  this  Province  the  evils  which  obtained  such  mas- 
tery in  his  own  home.  Will  Xova  Scotians  blame  us?  If  I  thought  so, 
I  would  pray  to  heaven  every  night  (hat  not  another  child  might  be  born 
on  the  soil,  but  that  u  race  so  degraded  should  pass  from  the  face  of  the 
earth. 

Tlic  debate  wliicli  followed  lasted  a  \vc(dc,  and  was  listened 
to  by  crowded  audiences.  Much  excitement  prevailed.  Hard 
hits  were  given  on  both  sides.  It  was  in  this  debate  that  JMi*. 
Uniacke  and  INIr.  IIowc  were  ncnxriy  brought  into  personal  col- 
lision. W(?  omit  several  speeches  made  by  the  latter,  preserv- 
ing only  a  few  passages  which  serve  to  illustrate  the  ditrercnt 
views  hekl  at  that  time,  by  the  two  parties,  on  the  subject  of 
responsible  goverinnent. 

Mr.  Dodd,  a  member  of  the  Executive  Council,  in  defining  his 
position,  said  that  "no  responsibility  rested  on  him."  "I  in- 
quired particularly,  before  accepting  my  commission,  whether  I 
would  be  expected  to  carry  out  any  particular  measures  of  gov- 
ernment. The  answer  was,  that  I  would  not,  that  I  might  act 
my  pleasure,  and  would  not  be  embarrassed  in  any  degree,  as 
a  metnber  of  the  Assembly." 


'L__- 


his 
lin- 

brl 

jov- 

lact 

as 


CIVIL    LIST,    COUNCILS,   TRADK. 


205 


Another  monibor  of  th(^  Council  said,  "  He  wondered  at  such 
nonneni^e  as  for  men  to  talk  of  rejiresentina^  the  ministry  of 
Great  Britain  in  Ihis  Colony,  and  of  carrying  on  the  Govern- 
ment in  the  same  manner  as  they  did  in  the  Imperial  Legisla- 
tm-e." 

A  member  of  the  Executive,  in  llu-  upper  House,  declared 
"responsible  government  to  be  rcsi'oiisiblc  nonsense."  A 
vast  majority  in  the  Imperial  Parli:uin'!it,  ii  was  evident,  enter- 
tained the  same  opinion,  llmidrcil-  (•!'  ilionsands  of  people,  in 
British  America,  were  at  tiiis  peri(!(l  uihr  djsbeli(>vers  in  the 
practicability  of  tlu^  system  now  hup|)ily  st>  firmly  established. 
It  required  some  nerv(^  to  face  this  opposition  in  1S39.  Mr. 
Howe  had  the  nerve.  His  tirst  object  was  to  have  the  resolutions 
passed  and  the  delegates  on  their  way  to  England.  His  next 
duty  was  to  illustrate  and  explain  what  was  meant  l)y  respon- 
sible government,  in  some  popular  form  that  would  attract 
universal  attention,  reassure  its  advocates  and  reason  down  con- 
scientious opposition. 

On  the  2Gtli,  Mr.  How<'  closed  a  general  reply  to  the  mem- 
bers of  government  and  their  friends  with  this  peroration:  — 

I>iit  this  House,  Mr.  Cliairmnn,  is  not  to  he  misled  by  jest  or  sarrastn  : 
thougii  Nova  Scotia  is  a  small  ooiiiUry,  tliern  are  in  these  questions  u 
dignity  and  an  importance  on  account  of  the  princij)les  involved.  Though 
the  sums  at  stake  are  comparatively  small,  they  become  of  eonsefjuencc 
from  their  connection.  Tiie  exaction  of  ship  money  in  r^igland  seemed 
of  very  small  moment  in  itself,  but  those  who  Avatched  over  the  liberties 
of  the  nation  made  it  of  great  importance.  We  have  been  told  of 
peace  and  prosperity,  and  were  asked  Avliy  w(!  should  complain  ;  —  but, 
sir,  there  were  peace  and  prosperity  in  many  of  the  Roman  Colonies, 
although  they  were  rded  by  the  Pri.etorian  bands.  Tlie  policy  I  wish 
to  pursue  is  to  have  these  Dritish,  not  Roman  Colonies;  and  I  wish 
wlien  British  soldiers  come  among  us,  tliat  they  should  feel,  not  as  Ro- 
man warriors  going  into  a  subjugated  colony,  to  govern  it  by  the  sword, 
but  that  they  are  coming  to  sojourn  among  Uritons,  who  are  their 
bretin-en  by  every  national  tie  ;  —  that  they  are  coming  to  assist  them 
in  governing  themselves,  not  to  deprive  them  of  the  pride  and  the  privi- 
leges of  freedom. 

Replying  to  the  leader  of  the  government,  he  said :  — 

18 


fti  ■    l 


!■ 


h! 


it 


if 


I  II''    I 


:^:ii 


;V    1 


!•(    i 

if  m.  \ 


ijtt 


206 


POWER   OF   THE   MAJORITY. 


::r 


Oftoii  as  I  liiivc  heard  that  h-aniod  gcnUoman  deal  in  oxtraordhiary 
doctrinos,  in  this  House,  ho  surprised  mc  last  evening:  not  satisfied  with 
defending  the  const  met  ion  of  the  Councils  on  the  necessity  of  the  cfise, 
he  said  that  he  trusted  tlie  time  woidd  never  arrive;  \vh(>n  the  Council:^ 
would  be  so  constructed  as  to  follow  out  the  policy  of  the  majority  of 
the  Assembly.  That  was  a  doctrine  that  would  fall  harshly  indeed  on 
the  ears  of  an  Englishman;  it  would  call  up  strange  emotions  in  his 
breast,  to  be  told  that  the  goirrnment  of  a  country  should  stand  in  o})po- 
t^ition  to  the  mnjority  nf  the  pcop/e.  In  England,  what  Cabinet  would 
think  of  maintaining  such  a  position ;  but  h(!re,  the  learned  member  un- 
dertakes to  sneer  at  what  he  calls  a  mere  majority.  Let  me  tell  the 
honorable  gentleman  that  the  Whigs  now  in  olTicc  have  not  a  larger 
majority  to  support  them,  in  the  Commons,  than  have  the  friends  of 
these  resolutions  over  the  parly  avIio  oppose  them.  Am  I  to  be  told 
that  if  a  luiijority  of  six  or  seven  be  suilicient  there,  eight  or  ten  should 
not  have  inllucnce  here  ?  What  a  pretty  government  there  would  be, 
indeed,  if  the  Executive  were  to  be  always  opposed  to  the  majority,  and 
■were  to  be  goveriu.'d  l»y  the  minority  only.  [Mr.  Uniacke  I'cmarked 
here,  that,  as  the  honorable  gentleman  had  answered  what  he  did  not 
say,  he  might  as  well  answer  what  la;  did.  lie  said  that  the  Councils 
should  not  quail  before  a  majority  of  that  House,  exeei)t  on  sound  i)rin- 
ciples.]  ]Mr.  Howe  continued;  —  The  learned  gentleman  varies  the 
expression  without  vaiying  the  meaning.  AVhat  was  the  practice  at  the 
other  side  of  the  Atlantic,  and  what  here  ?  Here,  two  or  three  of  a 
minority  carried  measures  instead  of  the  majority.  There  the  lory 
House  of  Lords  indeed  were  sometimes  opposed  to  ministers,  and  the 
House  of  Commons,  but  in  these  cases  the  ministry  had  the  executive 
with  them.  If  our  Executive  Council  was,  as  we  desired,  there  would  be 
little  cause  of  complaint.  We  complain  here,  because  Lords  and  Minis- 
try, and  Executive,  all  stand  in  opposition  to  the  majority  of  the  House. 

On  the  29th  he  was  compelled  again  to  address  the  House 
at  some  length  in  consequence  of  charges  of  syiupathy  with 
the  disaffected  in  Canada,  which  had  been  hazarded  by  the 
leader  of  the  government.  In  this  passage  distinctions  are 
drawn  sufficiently  apparent  now,  but  which  were  purposely 
slurred  over  in  those  days  of  party  excitement :  — 

Gentlemen  who  hear  me  are  well  aware,  that  until  violence  was 
attempted  in  the  Canadas  —  until  blood  was  drawn  —  no  act  had  been 
committed  by  the  Canadian  party,  with  one  or  two  exceptions,  that  was 


lory 

Ihc 

tive 

be 


cly 


rvas 


AFFAIRS   OF   CANADA. 


207 


not  in  accordance  willi  the  views  of  every  right  minded  Colonist.  The 
moment  that  blood  was  shed — that  force  had  been  resorted  to,  —  that 
moment  they  forsook  the  vantage  ground  that  O'Connell  knew  so  well 
how  to  use  for  the  benellt  of  Ireland  and  of  the  empire  ;  they  commenced 
a  course  which  was  no  longer  subject  to  their  control,  and  which  injured 
them  in  the  eyes  of  those  who  had  hitherto  wished  them  well.  How 
were  we  placed  in  relation  to  that  i)eoi)le  up  to  that  moment?  How  wa3 
this  House  of  Assembly  i)laced  in  reference  to  the  Legislatures  of  the 
Canadas.  They  were  urging  the  redress  of  grievances  in  many  cases 
like  our  own ;  they  were  striving  for  objects  which  we  are  struggling  I'or 
now,  and  know  to  be  of  such  moment  to  Nova  Scotia.  Was  I,  as  a 
public  man,  to  set  my  face  against  them  until  it  became  apparent  that 
they  meditated  violent  changes  and  not  coi.stitutional  reform  ?  How 
did  the  case  stand?  Ui)  to  1831,  when  the  supplies  were  stopped, 
almost  every  act  of  the  Canadian  party  was  approved  of  by  the  majority 
of  the  population  of  the  Colonies,  and  by  right  thinking  people  in  every 
part  of  the  woi'ld.  They  procured  the  sanction  of  Mr.  Neilson,  at  present 
an  Pvxecutive  Councillor  of  Lower  Canada,  and  the  sanction  of  the  House 
of  Commons,  l^p  to  that  date,  indeed,  it  was  not  necessary  to  say  one 
word ;  the  most  solemn  sanction  had  been  given  to  their  pretensions  and 
acts  by  the  British  government  itself.  And  up  to  that  time,  in  what 
position  did  that  Constitutional  Society,  which  has  been  introduced  into 
this  debate,  stand  ?  I  do  not  know  that  this  very  society  was  in  action, 
but  in  looking  to  the  names  that  compose  it,  I  find  that  a  large  propor- 
tion of  tliem  were  opposed  to  every  reform,  to  every  improvement  that 
was  subsequently  sanctioned  by  the  British  House  of  Commons.  Shall 
I  be  told  that  any  opinion  of  mine,  up  to  that  period,  commits  my  loyalty 
or  my  integrity  as  a  public  man  in  the  slightest  degree  ?  No  attempt 
had  been  made  in  Nova  Scotia  to  fasten  a  criminal  course  on  the  Can- 
adians up  to  that  time  ;  and  no  such  attempt  had  been  made  at  home. 
But  allow  me  to  say,  that  if  any  one  will  take  the  trouble  to  examine 
The  Nova  Scotian  files,  he  will  find  that  from  the  time  that  Neilson 
receded  from  the  reformers  there  —  from  the  time  that  they  stopped  the 
supplies,  although  I  was  in  favor  generally  of  the  principles  involved  in 
the  questions  which  they  agitated,  and  generally  wished  them  success,  I 
expressed  a  qualified  assent,  and,  not  only  did  not  concur  in  all  their 
acts,  but,  while  I  claimed  for  the  Colonists  the  abstract  right,  disapproved 
of  the  stoppage  of  the  supplies,  and  intimated  the  consequences  which 
might  be  expected  to  follow. 

The  charge  was  withdrawn  in  the  most  frank  and  honorable 


p. 


(ij 


\   A 


yi'  :       \i 


!'  W 


m 


r 

f'^ 

TtfT^ 

ii 

if 

1 

'.■1 

i  ■ 

p, 

.:;i 

i '; 


208 


EXECUTIVE   OBSTRUCTIONS. 


mtuiner  boforc  die  speech  was  closed.  The  strange  antagonism 
which  existed  between  the  Executive  and  the  Parliamentary 
majority  was  thus  illustrated  at  a  later  stage  of  this  debate. 

Mr.  Howe  said  that  as  so  many  remarks  had  been  made  on  this  ques- 
tion, lie  felt  called  on  to  say  a  few  words  on  tlie  principles  which  seemed 
to  f^ovc^rn  appointments  to  ofllce  in  England.  Although,  as  had  been 
intimated,  men  of  every  political  party,  radical  or  tory,  might  get  the 
promotion  which  was  due  in  the  army  and  navy,  yet  the  patronage  of 
the  country  was  in  the  hands  of  that  ministry  who  could  command  a 
majority  in  the  lower  House.  Here,  what  was  the  case  ?  Just  the 
reverse.  It  was  true,  that  on  some  general  questions,  and  on  many 
details,  members  of  the  minority  were  found  at  the  opposite  side  of  the 
House  ;  but  none  would  s.iy  that  there  was  not,  on  the  general  principles 
of  public  policy,  a  strongly  marked  line  dividing  the  two  parties.  Was 
it  right  then,  that  selections  should  be  made  so  as  that  the  small  minority 
only  should  be  represented.  Advice  was  not  to  be  given  on  questions 
of  patronage  only,  but  in  many  important  matters.  Suppose  a  question 
between  the  majority  and  the  minority  to  b<^  submitted.  []Mr.  Uniacke. 
What  majority  ?  Mr.  Howe  continued.]  He  would  admit  that  on  some 
points  gentlemen  now  on  opposite  sides  voted  together,but  the  learned  gen- 
tleman was  well  aware  that  on  general  principles,  and  also  on  the  modes 
of  carrying  out  the  details  of  political  questions,  the  different  sides  were 
sufficiently  distinct,  and  had  bet-n  for  years.  Suppose  that  majority  to 
be  fairly  represented  in  the  Council,  would  the  speech  in  answer  to  the 
resolution  last  year  have  been  made?  [Mr.  Uniacke  said,  that  whether 
wilfully  or  not,  the  Constitution  of  the  Provinces  seemed  to  be  misun- 
derstood. The  Council  were  not  advised  with  on  all  occasions,  and  in 
such  cases  as  that  alluded  to,  His  Excellency  acted  for  himself  Mr. 
Howe  continued.]  He  [3Ir.  Howe]  did  not  say  that  the  Province  had 
any  Constitution,  but  they  were  trying  to  fix  one  to-day.  He  would  sup- 
pose another  case.  Some  severe  allusions  were  made  in  that  speech, 
but  if  the  members  of  the  Executive  Council,  who  sat  in  the  minority  in 
that  House,  were  to  advise  a  dissolution  of  the  Assembly,  would  they 
not  thus  hav(!  a  direct  bearing  on  the  conduct  of  the  House  ?  Or  suppose 
on  other  questions,  the  men  who  vote  against  measures  in  the  Assembly, 
again  meet  them,  to  give  renewed  opposition  in  the  Executive  Council, 
and  in  the  presence  of  His  Excellency,  without  any  being  there  to  rep- 
resent the  majority.  He  admitted  that  we  had  not  a  ministry,  but  as  the 
case  stood,  the  popular  side,  or  side  of  the  majority,  had  not  a  single 
man  to  represent  their  views  on  those  fundamental  questions  in  wLicl. 


the 

jtlier 

iun- 

in 

Mr. 

lad 

nip- 

'Oh, 

y  in 
they 
lose 

bly, 

ncil, 

fcp- 

thc 


EXECUTIVE   OBSTRUCTIONS. 


200 


tho  fountry  was  «o  much  intcrrctccl.  And  is  that  a  state  of  thirifrs  which 
should  contimic?  Wotdd  the  House  do  its  duty  it"  it  nej^k'cted  to  bring 
tliis  strongly  hefore  the  crown?  Dlilicidtics  existed  respecting  the. 
arrangement  of  a  body  here,  like  (lie  ministry  in  the  mother  country, 
but  if  the  majority  of  tlie  House  possessed  the  confidence  of  the  Prov- 
ince, then  he  did  not  see  how  a  large  proportion  of  the  constituency  were 
represented  in  any  manner  at  the  Executive  Council  boanl,  and  the  old 
sytein  of  governing  by  tin;  minority  was  continued.  One  of  tlie  gentle- 
men selected  by  His  KxccUeney  from  ihe  House,  was  one  of  the  strong- 
est opposers  of  every  claii-e  of  the  address  by  which  the  Kxeculivc 
Council  was  produced.  If  that  address  was  a  meritorious  act,  as  had 
been  stated  in  the  dispatch,  then  tiie  most  conspicuous  opponent  of  it 
should  not  have  been  selected,  under  the  instructions  given  in  conse- 
quence of  its  ado[)tIon. 

The  resolutions  woro  passed  by  largo  majorities  on  tho  30th 
of  January ;  and  on  th(>  1st  of  February,  on  motion  of  Mr.  Howe, 
Mr.  Herbert  Huntington,*  was  sch'oled  by  a  majority  of  34  to 
9,  and  INIr.  William  Young,f  on  motion  of  Mr.  Bell,  by  about 
the  same  majority,  to  proceed  as  delegates  to  England. 

*^h\  Ilurbcrt  llunlinstoii,  was  a  iiativo  of  Yaniioiith,  of  New  Englaml  orij;inj 
and  trai'iiij^  his  blood  back  to  the  ("i-oiinvell  family,  often  roinindL'd  us  of  the  great 
chieftain  of  the  Civil  Wars.  Stroiii^ly  Iiuilt,  wiili  a  broad  ehost,  a  lino  head,  and  an 
iron  frame,  lie  was  iibysieally  brave  and  deierniined.  Had  he  lived  in  Switzerland, 
he  would  have  died  rather  than  bow  to  (iesler's  eap ;  and  had  he  lived  in  England, 
he  would  have  drawn  his  sword  aizainst  Charles  as  a  neeessity  of  his  initnre.  Hatred 
of  tyranny  and  injustiee  formed  the  basis  of  his  charaeter.  Sagaeious,  quiek  witted, 
and  well  informed,  he  was  a  better  speaker  than  Cromwell.  He  never  wasted  i> 
word,  but  ran  his  thoughts,  as  men  run  bullets,  into  forms,  ('oin[iaet,  weighty,  and 
cfl'eetivc  —  and  ready  for  otVenee  or  defenee.  He  had  none  of  the  fauatieism  of  his 
great  ancestor,  but  when  in  the  mood  was  mirthful,  convivial,  and  comi)anioual)lc. 
When  out  of  health  or  out  of  humor,  he  was  as  moody  and  irascible  as  Oliver 
himself.  Self-taught,  his  mind  was  nevertiieless  well  stored.  Bred  a  farmer  and 
land  surveyor,  on  tlie  borders  of  a  mercantile  community,  he  was  familiar  with  tho 
inner  life  and  exterior  relations  of  Colonial  society,  and  l)rouglit  to  the  discussion 
of  every  topic  a  clear  head,  a  determined  will,  and  much  practical  information.  Mr. 
Huntington  acted  as  Mr.  Howe's  second  in  the  duel  with  Mr.  Haliburton,  in  1 840. 
He  died  in  IS.'jI  ;  and  on  his  friend's  motion,  a  monument  was  raised  over  his 
remains,  in  the  churchyard  of  his  native  town,  at  tlic  public  expense. 

t  The  Honorable  William  Young  is  the  oldest  son  of  Mr,  John  Young,  whose 

letters  of  "Agricola"  gave  such  an  impulse  to  Provincial  agriculture,  in  the  days 

of  Lord  Dalhousie.     Mr.  Young  was  born  and  educated  in  Scotland,  but  came  to 

Nova  Scotia  at  an  early  age,  and  embarked  at  Ih'St  in  mercantile  pursuits.     These 

18* 


>n 

'  l|  1  j  |H 

Wi 

r;'i  I 


^)  ti 


n  1| 


!:!  !| 


i  u! 


.If, 


■■■i; 


I  II 


^ '% 


#!:■ 


:|l 


i   rr:f:i 


210 


KXlXUTIVi;   OBSTRUCTIONS. 


ilh 


ft  fir 


The  TiP£,'islntivo  Council  soU'ctcd  llio  TTonorahlc  Alcxiindcr 
Stewiirl  uikI  \\\v  Jloiiorublc  Li'wis  iM.  Wilkius,  us  dclctratcs  to 
rcprcsj'ul  lliiil  body  and  It)  dcfciid  in  Hii^liiiid  the  old  sy.stcin 
of  ^ovcriimciil.  'Vhv  dcli^i^iitcs  sailed  in  llii'  sprint^,  and  the 
battle  was  transferred  i'or  a  time  lo  the  Colonial  Oiliee. 

On  the  '2iU\i  of  February  o(  this  year,  a  curious  scene  was 
presented  in  our  Assend)ly.  The  controversy  about  the  North 
Eastern  Boundary  question,  which  had  raged  for  years,  and 
had  been  sharply  discussed  in  pithy  speeches,  and  worn  thread- 
bare in  interniinabli*  piunphlets,  was  brought  by  (Jovernor 
Fairfield,  of  INIaine,  to  the  very  verge  of  a  bloody  arbitrament 
by  force  of  arms.  On  the  18th  of  l^'ebruary,  he  sent  a  message 
to  the  Senate  and  House  of  Representative's  explaining  his 
reasons  for  marching  troops  into  the  disputed  territory.  His 
conduct  was  a])proved,  and  $800,000  voted  to  pay  the  expenses 
of  this  hostile  invasion  of  what  at  that  time  was  recognized  by 
us  as  i)art  of  the  Province  of  New  13runswick.  Tidings  of 
these  prac(U'dings  reached  Halifax  by  mail,  and  called  forth 
a  nianif(>station  of  loyalty  and  pul)lic  spirit  highly  honorable 
to  tUe  Province  and  to  all  concerni'd. 

Party  feeling  never  ran  higher  in  Nova  Scotia.  Public  men 
were  never  more  sternly  divided  by  important  (piestions  of  in- 
ternal administration  or  of  organic  change.  But  when  the 
honor  of  the  British  flag  was  menaced,  and  the  soil  of  a  sister 
Province  was  about  to  be  invadtxl,  every  thing  was  forgotten 
except  the  conuuon  obligations  which  rested  upon  us  as 
citizens  of  one  <>mpin^  and  subjects  of  one  sovereign.  The 
militia  laws  had  expired.  The  Executive  was  in  a  helpless 
minority;  but  Mr.  Howe,  having  consulted  with  his  friends, 
at  once  tendered  to  the  government  their  united  support  of  any 
measiu'cs  providing  for  the  common  defence  which  might  be 
proposed.     The  otler  was  accepted.     The  Committee  of  De- 


t  ii 


he  iiliiuidoiKHl  for  the  hiir,  at  which,  after  a  practice  of  tliirty  years,  ho  has  l)ut  one 
rival  and  no  suiierior.  ilr.  Youn;;  was  Speaker  of  tlie  lower  House,  fi-oni  184.'i 
(when  Mr.  Howe  resi<;nc(l  tiio  rohes)  till  l^'A,  when  he  became  Attorney  General 
an<l  leader  of  tiie  <roverninent.  He  now  leads  the  con.stitntioinil  party.  Mr.  Younjj; 
is  a  sound  lawyer,  and  a  very  efl'ective  and  elofpicnt  parliamentary  s])eaker.  He 
has  read  and  travelled  a  great  deal,  and  embellishes  his  forensic  and  Ic^^ishitive 
efforts  w  ith  the  wealth  of  a  well-stored  miiul,  enriehccl  by  study  and  observation. 


:i 


KXrCl'TlVK    01!ST»!I'n'I0N<<. 


211 


fcncr  was  cnlarii^cd  by  \\\r  addition  lo  il  of  fiNC  luciubcrs 
from  till*  popular  side  of  Ihc  lloiisc  In  tlic  cvciiiiii^  a  scries 
of  r(\>^oliilioiis  were  reported,  and  earrie<l  unaiiinioiisly,  by 
which  the  Exeeiitive  was  authorized  Jo  (h*a\v  out  the  whoh; 
militiii  force  of  the  Province,  for  the  (h-fence  of  New  IJrunswick, 
and  to  cxp<Mul  X1()(),()0(),  if  necessary,  in  repcHin<(  the  invaders. 
Thesis  rcsohitions  havini^  passed,  the  whoh'  n()us(i  rose,  and 
on  motion  of  Mr.  Dodd,  ^ave  tin-ee  iiearty  cheers  for  our 
brethren  in  New  Urunswick,  and  lin-ee  limes  three  for  Her 
Mijjcsty  the  Ci,ucen ;  th(;  people  who  crow(h'(l  the  h)bbi«!S, 
and  who  sliared  the  enthusiasm  of  the  hour,  risini^  and  fol- 
lowinjjf  the  example. 

We  doubt  if  so  novel,  and  yet  so  honorable^  ;i  scu-iie,  was 
ever  presented  in  any  British  Colonial  Le<fislature.  It  is 
rather  mortifyinijf  to  rellect,  however,  that  some  years  later 
th(^  f^reater  portion  of  this  disputed  territory  was  handed  over 
to  the  State  of  Maine;  ('anada  and  New  Jirunswick  being 
nearly  divided  from  each  other,  and  the  best  railway  track 
between  them  surrendered  to  the   Uni((Ml  Slates. 

Had  the  «renerous  and  magnanimous  spirit  tlis[)layed  by  the 
liberal  party  on  this  occasion  been  comprehended  or  appreci- 
ated by  their  opponents,  they  would  at  onc(i  havi;  made  such 
changes  as  would  hav(^  given  general  siitisfaction.  They  wovld 
have  been  content  at  least  to  share  power  with  those  who  com- 
manded the  confidence  of  the  lle|)resentativ(!  branch,  and  to 
have  giv(>n  to  Sir  Colli)  Camp])ell  the  aid  and  sup[)ort  of  those 
who  had  now  shown  their  ability  to  strengthen  and  suj)port 
his  govcrmnent.  Their  })ower  to  obstruct  it  had  been  for  two 
years  practically  illustrated.  But,  unfortunately,  the  rulers  of 
Nova  Scotia  in  those  days  had  their  hearts  hardeniul  and  their 
necks  stilfencd,  until  sure  destruction  came  upon  tluj  system 
they  vainly  labored  to  d(.'fend.  TIk?  cheers  of  a  united  people 
had  scarcely  died  away  in  the  legislat»ivc  h.ills,  where  X  100,000 
had  been  voted  for  the  defence  of  the  Provinces,  when  a  grant 
of  .£1000  to  pay  the  expensos  of  the  delegates  who  were  going 
to  England  to  represent  to  their  sovereign  the  grievances  of  the 
Colony,  was  rejected  by  the  Legislative  Council.  TMu;  reason 
given  was  because  the  House  had  declined  to  pay  the  expenses 


ri 


W   P: 

w,   . 

ri 

if-':  \ 
1,'   '' ' 

m 

I 

1      1 

\M 

•T 


!   ; 


212 


I.Onn    DURHAM'S   IlEPORT. 


f 


Ml, 


of  fi  P(7niit('r  (Iclrgiitioii,  to  hv  sctit  to  oppnsr  their  poliry.  This 
uttcmpt  to  ()l)stni('t  iijl  foimiiiuiiciilioti  with  the.  throiif,  except 
tlironj^h  the  mediuni  of  the  lOxeeiitive,  ereiitecl  ii  i^jood  dejvl  of 
cxasperiitioii.  It  was  determined  to  send  th(!  delei,'ales,  at  all 
hazards,  and  they  eiid)arked  at  their  own  cost  and  eharj^es. 

In  February,  Lord  (Jlenelfjf  resi<»ned,  and  was  sneeeeiled  by 
Lord  Nornianby.  Lord  Durham's  report  was  laid  before  Par- 
liament, and  Mr.  IIowc;  had  the  satisfaelion  1  Ihid  the  sys- 
tem of  government  which  he  had  for  years  fought  for  in  the 
midst  of  so  many  dinicnlties,  and  discouragements,  strongly 
recommended  by  Her  Majesty's  Lord  High  Commissioner, 
after  due  and  careful  investigation. 

Tlie  appeal  was  now  to  Her  Majesty's  government  and  to 
Parliaivient.  'riie  times  were;  critical;  the  results  no  man  could 
foresee.  Lord  Durham,  sharply  attacked  in  the  House;  of  Lords, 
and,  as  his  lordship  conceived,  but  fet>bly  defended  by  his 
friends,  had  thrown  up  his  olllce  iuid  returned  to  England  in 
disgust.  Hut  his  health  was  declining,  and  his  days  were  nu  e- 
])ered.  .Jealous  rivals  and  powerful  parties,  even  if  he  lived, 
might  prevent  the  adoption  of  his  suggestions.  If  he  di^tj, 
might  not  his  report  be  buried  in  his  tomb  .'  Tiie  minorities 
in  all  the  Provinces  were  in  active  and  indefatigable  hostility. 
Lord  Durham  had  been  fiercely  attacked  by  clever  C'olonial 
writers,  as  he  had  been  by  powerful  speakers  in  Parliament. 

Mr.  Howe's  opinion  of  Lord  Durham's  repon  was  given  in 
a  few  seiitenccs  :  — 


.1.'  'a 


m 


We  have  risen  from  the  ju'riisal  of  this  atlmirablc  oxpo.-jition  of  the 
state  of  tin;  llritisii  Colonies  in  Noith  America,  with  a  higher  estimate 
of  the  powers  of  the  noble  lord  and  a  more  sanguine  anticipation  of  the 
ultimwle  termination  of  Colonial  misrule  than  we  have  ever  ventured  to 
form.  We  did  not  believe  that  then;  was  a  nobleman  in  Britain,  who 
liad  the  ability  and  the  iirmness  to  grapple  with  the  great  questions  com- 
mitted to  Loril  Diu'ham's  care,  in  a  s[)irit  so  searching,  and  yet  so  frank; 
nor  a  man  wiio,  in  one  short  summer,  could  collect  and  digest  so  much 
information,  and  draw  from  it  such  a  volume  of  instruction  to  the  gov- 
ernment and  j)eople  of  P^ngland.  It  is  impossible  for  a  Colonist  to  read 
this  rei)ort  dispassionately  through,  luid  not  recognize  oa  every  page  the 
features  of  that  system  which  has  now  become  contemptible  in  the  eyes 


:,fc^ 


LOUD    DUUIIAM's    IUTURT. 


213 


m 


of  (tvory  man  of  coininon  iiii<lf'rs(iui<rm;?,  who  lia-<  no  iiiU'rcst  in  kccjiin^ 
it  up.  Wc  \vi>li  ;i  copy  of  lliis  rcporl  was  in  I  Ik;  hands  of  ovcry  liciid 
ol'  a  family  in  Nt»va  Scotia;  for,  ahhoiij^h  wv  shall  lake  somu  pains,  hy 
extracts  and  abstracts,  to  give  our  rcatlcrs  fiomc  knowledge  of  its  eon- 
tents,  it  h  a  volume  that  <very  Colonist  should  have  ui»oii  his  shelf. 
The  people  of  Nova  Scotia  should  study  it  as  the  hest  exposiiiou  that 
has  yet  been  given  of  the  causes  of  the  dissensions  in  the  Canadas,  and 
containing  the  hest  suggestion  for  the  avoidance  of  kindred  tronldes  in 
all  the  Provinces,  that  has  yet  appeared.  The  remedy  for  the  stale;  of 
condict  between  the  people  and  th»;  local  executives,  which  prevails  or 
has  prevailed"iu  all  tlu;  Colonies,  has  two  ])rime  recommemlations,  being 
perfectly  shiiplc  and  eminently  Jiritlsli.  It  is  to  let  the  iiDtJon'/i/  iUM]  not 
the  miiion'fi/  govern,  and  compel  every  (Governor  to  select  his  advis»'r,H 
I'rom  those  who  t'lijoi/  llic  coiijidvncc  of  the  people,  and  can  cominund  a 
majority  In  tlic  popular  branch. 

No  sooner  was  Iho  report  piiblislicd  hero  tliaii  a  series  of 
resolutions  condemnatory  of  it  were  passed  by  the  Legislative 
Council.  The  journals  were  searched,  and  another  set,  of  a 
diflerent  coinj)lexion,  moved  by  Mr.  Howe,  and  seconded  by 
Mr.  Young,  were  adopted  in  the  ))()pular  branch.  So  far  did 
the  Council  carry  its  dislike  of  Lord  Durham's  policy  at  this 
period  that  a  resolution  was  passed  in  the  following  terms,  dis- 
approving even  of  a  federal  union  of  the  Colonies  :  — 

JicsoJred,  That  a  federal  union  of  the  British  North  American  Colo- 
nics would,  in  the  opinion  of  this  House,  prove  an  extremely  dillicult,  if 
not  an  impracticable  measure;  that  the  expt'riment,  if  practicable,  would 
be  eminently  dangerous  to  the  interests  of  the  mother  country,  as  well  as 
those  of  the  Colonies ;  that  its  tendency  would  be  to  separate  the  Colo- 
nies from  the  parent  state,  by  imbuing  the  rising  generation  with  a  fond- 
ness for  elective  institutions  to  an  extent  inconsistent  with  thu  IJritish 
Constitution;  that  it  would  involve  the  lower  Colonies,  which  are  now 
contented  and  {)eaceablo,  with  the  political  discussions  of  Lower  Canada, 
and  add  greatly  to  their  local  and  g(;neral  expenditures,  without  produc 
ing  any  adecjuate  benefit  to  them,  to  the  Canadas,  or  to  the  empire  at 
large. 

Tt  would  now  be  very  difficult  to  induce  anybody  in  Nova 
Scotia  to  vote  for  this  resolution. 

In  June,  Lord  John  Russell  brought  forward  the  measure, 


:!         ^'I'l 


» 


■ 


2U 


LORD  JOHN  UL'SSELL'S  srKtcii. 


I  I:. 


I '   ,1 


;,  ■    M 


promised  hcforc  FiSistcr,  for  1  he  srttlcriK'iit  of  CiiiiMdian  afl'a'rs. 
It  (lisappoiiilcd  llic  just  expectations  of  Coltmial  relonners,  and 
was  received  more  in  sorrow  tlian  in  ani^'cr  in  all  the  I'rovinces 
of  JJritisli  North  America.  Lord  John  Rnssell  stood  deserv- 
edly lii<i;h  in  pnltlic  estimation.  Much  was  lio|)cd  from  liif* 
moral  coura«,'e  and  broad  and  statcsmanlilic  views.  When,  in 
recommending  a  nnion  of  the  Canadas,  he  adhered  to  tht; 
opinions  of  the  precetlin^  >'""■«  '••"t'  ne<i[ativod  Lord  Diirham'H 
n'connnendalion  to  concede  responsihie  government,  we  were 
all  disappointed.  A  good  many  really  enerfj;etic  men  were 
completely  disconrai^ed.  ]\Ir.  Howe  viewed  the  matter  difler- 
ontly.  He  insisted  npt)n  it  that  liord  John  Russell  did  not  uii- 
derstiind  tin;  question.  That,  havin<^  only  studied  it  from  the 
luiperial  and  not  the  Colonial  points  of  observation,  it  was  not 
surprising  that  he  shotild  come  to  a  hasty  and  erroneous  con 
elusion.  He  was  (!onlident  that  if  it  were  understood  by  the 
leading  uiinds  in  the  uu)fher  country,  they  coultl  have  jio  de- 
sire, as  they  assuredly  lind  no  interest,  in  maintaining,  in  live 
noble  Provinces,  modes  of  administration  which  geni'rated,  as 
a  matter  of  course,  oj)pression  and  discontent.  With  his  char- 
acteristic cheerfulnesa  and  energy,  ht!  set  himself  to  work  to 
enlighten  them. 

lie  addressed  four  letters  to  Lord  John  Kussell,  which  were 
Immediately  republished  in  nearly  all  the  Colonial  newspapers. 
He  j)rinte(l  them  in  ])am|)hlet  forin,  and  sent  them  to  (wery 
member  of  both  Houses  of  Parliament,  to  the;  clubs,  the  reading 
rooms,  and  to  the  newspai)i'rs  in  the  three  kingdoms.  That 
our  readers  may  exactly  luiderstaud  the  position  of  this  great 
question  when  this  brochure  was  published,  I  have  copied  Lord 
John  Russell's  speech  and  resolutions:  — 

There  is  niiotlicr  (jiicstion  upon  which  I  ain  now  <x<nn<^  to  state  an 
opinion,  wliicli  (|U('stion  !  think  is  of  the  vciy  jjfi-CMlcst  inipoi'tanco,  and 
upon  wliicli  Lord  Dnrliani  lias  expressed  an  o|)inion  contrary  to  that  en- 
tertained hy  this  Ilon.-'e  —  I  mean  lh(^  (pu'stion  willi  i-espcct  to  the 
responsibility  of  the  individnal  holding  tiie  ollice  of  (Jovernor  in  the 
Province.  I^ord  Dnrliani  lias  staled  lliat  an  analojiy  existed  between 
flic  representative  of  the  crown  in  the  Colony  and  the  constitutional  re- 
sponsibility of  the  ministers  in  this!  country.     lie  states  that  as  soon  as 


■(    I 


I, OKI)  .M»iiN  uussi:m/s  HPK.Krir. 


215 


an 
iiul 

•n- 
llie 

he 
feu 

rc- 

las 


the  niinislfi-i  of  llic  ••rowii  liiivc  lo-t  lln'  roiiliilcin'c  of  llu'  IIoii<i'  of 
('()miin)i)<  ill  llii-*  cniintry,  llicy  n'li-cd  t(»  l»c  miiiistiTs,  .'iml  that  tlicy 
could  iii)t  ^<»  oil  witli  lln!  fjovt'niiiii'iil  wiili  a  (•()ii?'(ant  minority,  llo 
adds,  tliat  it  i-*  ('frtainly  a  iiio-l  iiiiiisiial  cast'  lor  a  ministry  to  fro  on  lor 
Rcvoral  moiillis  in  a  iniiioriiy,  and  li<'  then  alli'm|ils  to  apply  tliat  prin- 
ciple to  llic  locjd  irovciiiiiirnt  of  Canada.  Now,  tlic  rc^olmioii  of  this 
llon.-c  on  this  .•"iihjct'i  was  in  thc-c  tfriiis:  ••  /iisn/rrd,  Tliat  wliilc  it  in 
p.xpcilicnt  to  improve  the  composition  ol"  iIh'  Ivvecutivc!  Conncil  of  Lower 
Canada,  it  is  nnadvisahh'  to  .snltjicl  it  to  thai  rcsponsihiliiy  dcmandt'd  hy 
the  House  of  Ass(!mbly  of  that  I'roviiice."  'I'his  House  upon  my  motion 
came  to  that  resolution,  and  I  mii^l  own  that  there  is  iini!uii;r  in  ||,i^ 
report  which  has  at  all,  in  my  mind,  shaken  tin;  ar;i;iiinenl  hy  whicli  at 
tli(!  time  I  supported  that  re-olntioii.  Tt  does  not  appear  to  me  that  yuii 
can  snhjeet  th(!  Kx(!CHtive  Council  of  Canada  to  the  responsihility  whieli 
U  fairly  demanded  of  the  ministers  of  the  execiilive  power  in  this 
coniitry.  In  the  first  place,  there  is  an  ohvions  dilll'rcnce  in  matter  of 
form  with  re;;ard  to  the  instrnclions  under  which  the  (lovernor  of  a 
Colony  acts.  The  >sovereii:n  in  this  country  receives  tin;  advice  of  ihc 
minister.*,  and  acts  hy  the  advice  of  those  ministers,  and  indeed  there  13 
no  important  act  of  the  crown  for  which  there  is  not  some  individual 
minister  responsible.  There  responsibility  be^^ins  and  tln're  it  ends.  But 
tlie  Ciovcrnor  of  Canada  is  actinj^j,  not  in  that  hij;h  and  iinassiiilable  po- 
sition in  which  the  sov(M'i'ijj;n  of  this  country  is  placed.  He  is  a  (iovernor 
receiving  instructions  from  the  crown  on  the  responsibility  of  ii  Secretary 
of  State.  Here,  then,  at  on'/e,  is  an  obvious  and  complete  dilTerenee  be- 
tween the  Executive  of  this  country  and  th<'  Executive  of  a  Colony. 
The  Governor  might  ask  the  Executive  Council  to  propose  a  certain 
measure.  They  might  say  they  could  not  propose  it  unless  th(>  members 
of  the  House  of  Assembly  Avould  adopt  it,  but  the  Governor  might  reply 
that  ho.  had  received  instructions  from  homo  commanding  him  to  propose 
that  measure.  How,  in  that  case,  is  he  to  proceed!''  Either  one  ))ower 
or  the  other  must  be  set  aside,  —  either  the  Governor  or  the  House  of 
Assembly;  or  else  the  Governor  must  become  a  men;  cypher  in  (he 
hands  of  the  Assembly,  and  not  attempt  to  carry  into  elfect  the  measures 
which  he  is  commanded  by  the  liome  government  to  do.  l>ut  if  we  en- 
deavor to  carry  out  this  analogy,  there  is  one  case  tluit  all  the  world 
allows  is  a  case  in  which  it  could  be  applied  —  I  mean  the  ease  of  foreign 
affairs.  If  the  Assembly  of  New  Brunswick  in  the  late  collision 
carried  on  a  dispute  with  the  North  American  States —  [Here  some  in- 
terruption occurred  which  gave  rise  to  cries  of  "  Order,  order."]  Th(3 
lubjoct  [continued  the  noble  lord]  is  certainly  a  very  important  one,  and 


Ml 

1:1 


1   wi 


■11!';   I 


1 

1 

w 

r 

III 

li 

1 

21G 


LOPD   JOTIN    l^rSRM.T.  S   SPKECn. 


jilthoiigli  T  may  rxprcs-:  iiiysclf  in  very  iniidcqimle  tt'rm?,  yet  I  do 
conceive,  tluit  as  it  is  in  my  (piiiioii  one  of  the  most  importaiit  j>f>int5 
contained  in  Lord  Durliam's  report,  and  on(^  on  which  T  diil'er  with  him, 
I  onght  to  state  the  pronnds  ol'that  difli'rcnee.  I  say  if  the  As>emhly  of 
New  Urnnswiek  liad  been  disposed  to  carry  the  point  in  dispute  willi  tlie 
Nortli  American  States  hostihdy,  and  tlie  Kxecntivo  Council  hail  been 
disposed  to  aid  them,  in  my  opinion  iIk^  (iovenior  mnst  liave  said  that 
his  duty  to  the  crown  of  this  eomilry,  and  tlie  general  instructions  which 
he  had  received  from  the  minister  of  the  crown,  did  not  j)ermit  him  to 
lake  that  course',  and,  therefore,  he  could  not  agree  with  the  ICxecutivc 
Council  to  carry  into  ell'ect  the  wish  of  the  majority  of  the  Assembly. 
That  is  allowed.  Does  not.  then,  this  very  exception  destroy  the  analogy 
you  wish  to  draw.  when.  u])on  so  important  a  point  as  that  ol'  ibreigu 
affairs,  it  cannot  i)e  sustained?  Again,  neither  could  this  analogy  be 
maintained  with  regard  to  tradi;  between  Canada  and  the  mot  in  r  country, 
or  Canada  and  any  foreign  eonnlry;  how,  then,  can  you  adopt  a  |)rin- 
ciph'  from  which  such  large  exceptions  are  to  be  juade?  If  yon  were  to 
do  so.  you  would  be  continually  on  the  borders  of  dispute  ami  conflict  ; 
the  Assembly  and  the  executive  on  the  one  hand  reepiiring  a  certain 
course  to  be  pursued,  while  the  Governor,  on  the  other  haml,  would  be 
as  constantly  declaring  that  it  was  a  course  he  could  not  adopt ;  so  that 
instead  of  fiirni-hing  matter  of  cojiti'ut  and  harmony  in  tluse  l*ro\  inces, 
you  would  be  affording  nen-  matter  for  dispute  and  discontent,  if  yon 
were  to  act  n[i()n  this  Mipposed  analogy.  IJut  supposing  yon  could  lay 
down  this  broad  i)rinciple.  an<l  say  that  all  external  matters  should  be 
subject  to  the  home  gov<nnneiit.  and  all  internal  affairs  slioidd  be  gov- 
ci'neil  according  to  the  majority  of  the  Assembly,  could  j'ou  carry  that 
principle  iiito  effect  ?  1  say  we  caimot  abandon  the  responsibility  which 
is  cast  upon  n>  as  ministers  (>f  this  great  empire.  I  will  put  a  case,  one 
merely  of  internal  concern.  lh:it  occurred  only  the  other  day.  Let  us 
suppose  that  an  officer  of  militia  in  Upper  Canada,  after  an  action,  was 
to  order  that  the  ])ersons  taken  in  that  action  should  be  put  to  d(Milh  on 
the  Held.  1  can  conceive  it  possible,  in  a  state  of  exasperation  and  con- 
ilict  with  the  people  of  the  neighboring  state,  that  the  Assembly  might 
applaud  that  conduct,  ami  might  reiiuire  that  it  shoidd  be  the  i-ide,  and 
not  the  exception,  that  all  invaders  of  their  territory  should  be  treated  in 
that  mannt'r,  and  that  the  j)arties  should  be  ))nt  to  death  without  trial. 
Supposing  that  to  be  case,  could  the  government  of  this  comitry  adopt 
such  a  rule  ?  Could  the  Secretary  of  State  for  the  Colonies  sanction 
such  a  rule,  and  not  decide,  as  his  honorable  friend  the  Under  Secretary 
had  done,  that  such  a  practice  would  meet  with  his  decided  reprehension? 


l! 


^^:^ 


LORD    JOITN    RUSSELL'S   SPEECH. 


217 


It  Wii'^  (iiiilc  impossible  to  allow  it  to  Ix;  laid  down  as  a  jrciicral  |)iiiiri[)lc 
tlial  any  [lart  of"  the  {rovernincnt  of  this  country,  conducted  by  ministers 
liavini:;  tlic  sanction  oi"  this  House,  shall  be  overrnleil  liy  a  Colony,  and 
that  such  Colony  shall  not  be  subject  to  the  j^^eneral  supei'iuteiiilin,!;  au- 
thority of  the  crown  of  th<'se  realms.  J  can  conceive,  sir,  and  T  think 
that  it  would  be  the.  part  of  wisilom  and  of  justice  to  say,  that  there 
are  matters  alFectin^  the  internal  all'airs  of  these  Provinces,  —  that  there 
are  matters  in  which  neither  the  Im[)erial  Parliament  nor  the  general 
go\ernment  need  interfere,  and  on  which  they  shoidd  i)e  anxious  to  con- 
sult the  ieelings  of  the  i)eople  of  the  Colonies.  It  seems  to  me,  >\v,  as 
much  u  rul(!  of  sense  as  of  generosity;  that  there  are  some  (jui'slions  on 
which  it  would  not  be  desirable  that,  on  the  o[iiuion  oi'  the  Seen  tary  of 
Stale  for  the  Colonies,  the  opinion  of  the  House  of  As-emlily  should  be 
put  on  one  side.  1  know  no  reason  why  the  Legi<lativi'  A.-sembly, 
whether  of  each  separately,  or  of  both  Provinces  united,  should  not  be 
listened  to  with  delerence;  but  I  am  not  prepared  to  lay  down  a-  a  priu- 
ciide  —  a  lu'w  ]iriuciple  —  i'or  the  futiu'e  govermnent  of  the  Colonies,  that 
we  ought  to  subject  the  executive  there  to  the  same  restrictions  as  prevail 
in  this  country. 

Jicsohrd,  'I'hat  it  is  the  opinion  of  this  Iloust'  that  it  is  expedient  to 
form  a  legislative  union  of  the  Provinces  of  rp[)er  and  Lower  Canada, 
on  the  princi[iles  of  a  free  and  representative  govenuncnt,  in  such  nuui- 
ner  as  may  most  conduce  to  the  prosperity  and  contentment  of  liie  people 
of  the  United  Province. 

Resolved,  That  it  is  expedient  to  continue  till  IS  12  the  powers  vested 
in  the  Governor  and  special  Council  ot'  Kowi'r  Canada  by  an  act  of 
last  session,  with  such  alterations  of  those  powers  as  may  be  deemed  ad- 
visable. 

These  resolutions,  ably  combated  1)y  the  late  lamented 
Charles  Biiller,  than  whom  North  America  never  liad  a  more 
valuable  friend  or  a  more  enlightened  advocate,  received,  of 
course,  the  sanction  of  the  House  of  Commons,  who  confirmed 
by  their  votes  the  doctrines  which  Lord  Joim  had  laid  down. 
Mr.  Howe's  protest  against  this  dccisitni,  carried  with  it  at  Ihe 
time  the  sympathies  and  sulVrages  of  all  North  America. 
These  letters  will  bear  perusal  even  now,  and  ought  to  be  read 
by  all  who  take  an  interesi  in  Ihe  progress  of  a  great  contro- 
versy, out  ot  which  were  slowly  evolved  principles  of  univer- 


V\A 


I: 


I    I',' 


!i^  '^1 


^ti: 


11 


I 


s 


218 


RESPONSIBLE   GOVERNMENT. 


m 


sal  application  to  British  plantations  and  communities  in  every 
quarter  of  the  globe.* 

On  the  2Gtli  of  July,  Lord  Durham  defended  his  report  and 
policy  in  the  House  of  Lords.  In  the  autumn,  Lord  John 
Russell  aecej)ted  the  seals  of  the  Colonial  office,  and  Mr.  Pow- 
let  Thompson  was  sent  out  as  Governor  General  of  British 
America. 

Tlu^  delegates  returned  in  October.  They  had  succeeded  in 
arranging  satisfactorily  a  good  many  vexed  questions.  Five 
outports  were  opened  to  the  advantages  of  foreign  trade.f  Iler 
Majesty's  Government  had  conceded  the  importance  of  uniting 
the  customs  and  excise.  Measures  touching  the  post  office 
and  crown  land  departments,  were  also  matured,  and  princi- 
ples defined,  by  which  controversy  about  local  acts  would  be 
thereafter  avoid(,'d.  No  change  was  to  be  made  in  the  Councils, 
however,  and  the  principle  of  executive  responsibility  was,  as 
we  liave  seen  by  th(!  proceedings  in  Parliament,  peremj>torily 
negatived. 

The  House  met  on  the  last  day  of  the  old  year,  some  defect 
in  the  jury  laws  requiring  an  early  session.  Her  Majesty's  gra- 
cious acknowledgment  of  the  "  attachment,  liberality  and  gal- 
lantry," of  the  Province,  was  communicated  in  the  opening 
speech.  The  reports  of  the  delegates  were  submitted  to  their 
respective  Houses,  and  they  were  thanked  for  their  diligence 
and  ability.  Much  had  been  accomplislied,  but  it  was  evi- 
dent that  while  a  good  deal  of  temper  and  antagonism  had 
been  exhibited  at  the  Colonial  office,  on  the  main  questions  of 
responsible  government  and  the  civil  list,  there  had  been  no 
material  concession.  It  was  quite  apparent  that  the  latter 
question  never  could  be  satisfactorily  settled  while  the  Execu- 
tive was  hostile,  and  that  the  only  way  to  insure  harmony  be- 
tween the  Ci,ueen's  representative  and  the  representatives  of  the 
people,  was  to  have  the  Governor  surrounded  by  those  wdio 
enjoyed  the  public  confidence. 

Mr.  Howe,  giving  ample  time  for  all  the  dispatches  and 
reports  to  be  printed,  and  for  the  Executive  Council  to  be  remod- 

*  These  letters  fippeur  in  the  second  volume  of  this  worlc. 

t  Cumbcrhinil,  rarrsboro,  Windsor,  Shelburnc,  and  Lunenburg. 


ifect 


IS 


evi- 
had 
of 
no 
itter 
ecu- 
be 
the 
who 


RESPONSIBLE   GOVERNMENT. 


219 


ellcd,  if  there  was  any  such  design,  moved  on  the  3d  of  Feb- 
ruary these  four  resolutions :  — 

Ticsoh'pd,  That  it  is  llie  opinion  of  this  coinmittco,  that  for  many  years 
the  best  interests  of  this  Province  liave  b'^en  jeopardized,  and  its  prog- 
ress retarded,  by  th<;  want  of  Iiarniony  l)etwecn  the  different  branches 
of  tlie  government,  and  the  absence  of  that  cordial  coiiperation  be- 
tween the  representatives  of  the  people  and  those  who  conducted  the 
local  admini-^tration,  which,  in  the  view  of  this  House,  is  highly  desira- 
ble, if  not  indis})ensable,  in  every  IJritish  Colony,  to  whicli  a  Constitu- 
tion, modelled  after  that  of  the  mother  country,  has  been  granted  by  the 
crown. 

Resolved,  That  it  is  the  opinion  of  this  committee,  that  during  the 
struggle,  which,  since  1837,  this  House  has  maintained,  with  a  view  to 
reduce  the  expenses,  improve  the  institutions,  and  purify  the  adminis- 
tration of  the  country,  it  has  been  met  at  every  step  by  an  inthience, 
which,  while  it  was  beyond  the  control  of  the  Assembly,  has  wielded 
the  whole  power  and  patronage  of  the  government,  to  baffle  its  efforts, 
and  thwart  the  wise  and  benevolent  policy  avowed  by  Her  Majesty's 
Ministers. 

Resolved,  That  it  is  the  opinion  of  this  committee,  that  in  approaching 
many  of  the  important  questions  to  be  disposed  of  in  the  present  session, 
the  House  of  Assembly  f((.'ls  embarrassment  and  difficulty,  whicli  it 
would  be  unwise  to  conceal,  either  from  the  government  or  the  country 
at  large,  and  that  it  can  anticipate  no  satisfactory  settlement  of  those 
questions,  until  the  P^xecutive  Council  is  so  remodelled  as  to  secure  to 
this  House  the  aid  of  the  local  administration  in  carrying  out  the  views 
of  the  Assembly,  and  in  %cilltating  any  negotiations  which  it  may  be 
necessary  to  conduct  witii  Her  jMajesty's  government. 

Resolved,  Tliat  it  is  the  opinion  of  this  committee,  that  the  House  of 
Assembly,  after  mature  and  calm  deliberation,  weary  of  seeing  the' 
revenues  of  the  country  and  the  time  of  its  representatives  wasted,  and 
the  people  of  Nova  Scotia  misrepresented  to  the  sovereign,  the  gracious 
boons  of  tlie  sovereign  marred  in  their  transmission  to  the  peOj)!e,  do 
now  solemnly  declare  that  the  Executive  Council,  as  at  present  consti- 
tuted, does  not  enjoy  the  confidence  of  the  Commons. 

Lord  John  Russell's  dispatches,  conferring  in  fact,  if  not  in 
precise  words,  new  constitutions  upon  all  the  Colonics,  had 
been  published  in  the  meantime.  We  give  them  in  the  ap- 
pendix.    A  message  had  been  sent  by  the  Governor  General 


IM 


,.  ii 


!'i  :     i 


i 


■    II 


ti 


a    'i 


w^ 

220 


nrsroNsmi-R  fJovEiixMENT. 


to  11i(!  Parliiiinoiit  of  Ciiiiacla,  in  whirli  Iho  Uvo  Tlonses  were 
assured  "that  lie  had  received  Her  Majesty's  eoininaiids  to 
administer  the  iifoveriiineMt  of  the  Provinces  in  aeeordanec 
with  the  well  understood  wishes  and  interests  of  the  people 
and  to  pay  to  their  feelini^'s,  as  expressed  through  their  repre- 
sentatives, the  deference  that  is  justly  due  to  them."  In  New 
Brunswick,  Sir  .John  Harvey  at  once  recognized  in  the  dis- 
patches "  a  n(nv  and  imjiroved  Constitution,"  and  by  a  circular 
memorandum  he  informed  tlu^  heads  of  departtuents  that 
thenceforward  their  oilices  were  held  by  the  tenure  of  public 
conlidence.  In  Nova  Scotia,  we  had  uo  messages,  memoranda, 
or  acknowledgments.  The  Executive  Council,  conscious  of 
their  vmpopuiarity  and  want  of  infhience,  held  their  places, 
and  were  proceeding  with  public  business  with  an  indiftercnce 
to  public  opinion  which  could  no  longer  be  endured.  In 
moving  his  resolutions,  Mr.  Howe  spoke  to  the  following 
effect :  — 


,*'.    I 


111  rising  to  offer  a  scric^s  of  rosolntions  to  the  committco,  lie  could  not 
but  t'X])ress  his  regret  that  the  duty  had  not  devolved  on  sonic  one  else. 
lie  wished  to  ]>rovail  on  those  gentlemen,  who  had  recently  acted  as  the 
delegates  of  tlie  House,  who  had  been  so  extensively  trusted  and  honored, 
and  who  had  lieeome  familiar  with  the  course  which  it  misflit  be  wise 
for  the  House  to  pursue,  to  submit  these  resolutions  to  the  committee. 
They,  however,  considered  tiiat,  as  he  had  taken  the  lead  in  former 
measures,  he  should  hav'c  the  honor  of  the  care  of  these  propositions. 
lie  tlien  wished  that  some  more  aged  member  of  the  House,  some  one 
possessing  more  weiglit,  and  belonging  to  what  was  called  the  popular 
party,  sliould  open  the  debate,  and  confer  some  autliority  on  the  propo- 
sitions by  his  years  and  standing  in  the  country.  Tliese  gentlemen  also 
thought,  that  from  his  [Sir.  Howe's]  long  acquaintance  Avitli  some  cpies- 
tions,  that  he  would  be  more  familiar  with  the  topics  discussed  in  tlie 
resolutions  than  they  could  be,  and  they  also  urged  the  duty  on  him. 

In  approaching  the  subject  which  was  to  engage  the  attention  of  the 
committee,  he  felt  borne  down  and  embarrassed  ;  he  felt  that  they  were 
approaching  questions  of  most  vitsU  importance  to  the  prosperity  of  the 
country,  and  to  the  standing  and  character  of  the  House.  They  were 
about  to  decide  wlietlier  there  should  be  in  Nova  Scotia  those  wise  in- 
stitutions which  would  require  but  little  future  change,  and  which  might 
be  haiuled  down  with  pleasure  to  their  posterity ;  or,  whether  they  were 


ir 


the 
/ere 

the 
i'cre 

in- 
light 

,crc 


RESPONSIBLE   GOVERNMENT. 


221 


to  Ptajrgor  on  with  the  imperfect,  dangoroiH  system,  which  existed  up  to 
the  present  time  ?  Wiiile  tlitis  borne  down  with  tlie  imporlance  of  his 
puhject,  iuul  impressed  with  the  inadecpi.-vcy  of  his  own  iibihties  for  their 
advocacy,  he  il;lt  constrained  to  say,  willi  the  Roman  orator,  "  II(>ar  me 
for  my  cause," — for  my  cause,  which  is  yours,  and  the  cause  of  the  country 
at  hirge. 

All  felt  the  importance  of  tlicse  subjects,  and  he  trusted,  therefore,  in 
dealing  with  them,  that  however  imperfect  might  be  his  manner,  the 
House  woidd  deliberate  calmly  on  such  arguments  as  he  should  bring 
forward,  and  judge  of  them  on  their  own  merits.  lie  admitted  that  he 
was  in  some  degree  cheered  by  what  had  occurred  since  they  had  become 
members  of  that  House.  When  they  met  for  the  Hrst  time,  it  was  only 
natural  that  those  who  thought  with  him,  should  have  some  distrust  of 
his  temper,  or  judgment,  or  intentions ;  that  those  who  were  disposed  to 
think  favorably  of  the  prineiphis  which  he  professed,  should  be  afraid 
that  he  would  go  too  far;  and  tiiat  those  who  were  oppo-ed  to  those 
principles,  might  be  excused,  if  they  attributed  seltish.  reckless,  and  am- 
bitious views  and  feelings  to  him.  lie  trusted,  however,  that  what  h.ad 
occurred  during  a  lew  past  years  entitled  him  to  appeal  to  the;  committee 
for  some  confidence,  and  to  a-k  from  his  usual  opponents  the  calm 
consideration  of  the  questions  which  he  should  submit.  He  trusted  that 
the  subject  would  not  be  decided  on  ancient  prejudices.  He  believed 
that  all  felt  that  this  matter  should  not  be  looked  at  in  the  light  of  party, 
nor  be  influenced  by  any  former  discussions;  that  it  was  not  to  bo 
governed  by  partialities  or  prejudices,  but  was  to  be  weighed  according 
to  the  arguments  adduced.  He  felt  that  he  had  a  claim  on  the  confidence 
of  those  who  usually  thougiit  with  him,  and  on  the  calm  consideration  of 
his  opponents;  and  he  was  thus  cheered,  more  than  he  otherwise  would 
be,  in  the  task  which  Ik;  had  undertaken. 

The  House  might  look  back  with  some  complacency  to  the  progress 
of  the  country,  since  they  met  for  a  (irst  time  in  18.'J7.  Previous  to  that 
period,  what  was  the  actual  state  of  th(!  affairs  of  the  Province?  Public 
expenditure  had  gone  on  steadily  increasing  ;  some  efforts  had  been  made 
towards  economy,  but  very  rarely  according  to  any  system,  or  with  any 
success  ;  the  expenditure  was  growing  greater —  the  power  of  the  people 
to  reduce  it,  less  ;  and  the  official  party  in  the  country  gri_:itly  predomi- 
nated. Need  he  say  that  they  felt  that  in  1837  that  party  was  then 
powerful,  and  the  House  powerless  and  prostrate  ?  The  Province 
was  then  slowly  recovering  from  a  deluge  of  paper,  which  was  as 
iri'esponsible  as  the  government  by  which  it  was  issued.  The  agri- 
culture of  the  Province  was  at  a  low  ebb,  and  the  markets  gave  a  verj 

19* 


1 

i 

1 

i 

1 

f 

i  r 


m  i 


'.'■'  I 


:.-!'•!  i 


'|it>: 


i  ■  M:  5 


r 

i    ] 


ilii 


«)0  0 


RESPONSIHLK   GOVERNMENT. 


un.^atisfactory  iTfiini  for  wlwif  \v:h  prodiiciMl.  Commnroo  was  ilpprosscd, 
vessels  were  roltiiii;  at.  the  wliarvc^.  ami  iniilual  distriHt  ])araly/e(l  exer- 
tion. Tlie  yiiiiiij^  men  of  tlie  I'rovincf;  were  ilyin.iJ?  from  it.  as  j'rom  a 
plaee  where  there  was  no  fii-ld  for  IioMoral)le  ambition;  ami  no  stream 
of  emiL'i'ation  was  sn|)|)lyin,!^  ihetlemamis  for  population.  A  consith'rable 
public  debt  had  been  eontraeted  ;  —  lie  would  not  call  it  heavy  for  a  eountry 
like  Xova  Seolia,  but  it  was  eon-ideralde  ;  —  and  while  the  txeneral  ex- 
penditMH!  wa>  ineirasin^.  all  that  could  l)e  j^iven  to  the  improvement 
of  the  roa<ls  of  the  country  wa-  about  £1(>,()()().  That  was  the  state 
previous  to  the  meetiu;;  (tf  the  Assembly  in  l.S!}?;  and  what  were  the 
appeai-auces  now?  lie  madc^  the-e  references  that  they  might  ascertain 
what  steps  had  marked  the  pro'.nrss  of  their  didiberations.  and  what 
might  yet  be  taken  without  fear  of  eoiHeijuences.  Now,  at  least,  emi- 
gration troin  tlie  Province  was  stoj)pe(l ;  some  of  the  young  men  who  had 
gone  away  had  returned,  in  many  eases,  no  doidtt,  taught  to  value  their 
own  couul ry  by  what  they  had  seen  abi'oad.  Traih;  had  revived  ;  com- 
merce had  been  (devated  in  its  character;  and  the  merchants  of  the 
couul  ry  stood  as  high  in  foreign  countries  as  perhaps  any  body  of  such 
persons  on  the  continent  of  America.  The  currency  had  not  been 
tampered  with  ;  the  revemie  was  llouri>hing.  and  a  sum  of  i'.'iO.OOO  was 
in  ihe  Irea-^ur}'.  He  did  not  say  that  all  this  flowed  from  wise  legislation, 
from  liie  agitations  that  had  distin'i)ed  the  harmony  of  the  Assembly,  or 
from  an\  operation  of  that  House  :  the  blessing  of  Providence  was  the 
great  cause,  but  the  Hous(>  might  take  some  credit  ibr  the  (dianges  that 
had  been  experienced.  He  believed  that  the  views  exhibited  in  that 
Assembly,  and  the  princi})les  propounded,  had  cheered  the  peoi)le  in 
their  exei'tions;  had  i)i'oved  that  that  House  represented  the  feelings  and 
interests  of  the  country;  and  had  given  early  promises  of  reform,  which 
had  a  beneiieial  ellect  on  the  minds  of  the  population  generally. 

A  few  minutes  might  be  spent  in  inquiring  how  those  promises  had 
been  l.'ept.  The  i'.'^OOO  provided  by  a  recent  bill,  would  pay  off  cvfy 
farthing  of  the  debt  which  that  House  had  contracted.  They  thus  j)aid 
off  a  portion  of  the  debt  to  the  rich,  and,  by  means  of  the  savings'  bank, 
had  given  the  poor  the  means  of  a  useful  investment.  15y  the  measures 
of  IHol,  they  had  saved  about  .£.'5000  a  year.  Arrangements  made  by 
the  delegates,  in  post  office  affairs,  would  cause  a  saving  of  about  £1000; 
and  the  expected  union  of  the  customs  and  excise,  would  save  another 
£1000,  with  reference  to  the  port  of  Halifax  alone;  and  the  bill  that 
passed  a  few  days  ago,  for  ju<licial  reihictions,  would  save  al)out  .i"l,G00 
a  3'ear  additional.  These  items  i)roved  the  anxiety  of  the  House,  and 
their  success,  in  putting  i-eduction   into  a  regular  train.     Beside  this, 


P     1'- 


RESPONSIDLK   GOVERNMENT. 


223 


ihcy  liad  brcu  oiiabk-d  lo  give  X'lOOO  to  lln'   .-iifrcrcrs  in  Caiiada,  ami 
■l'.')()()0  (()  relieves  distress  in   tin'    Province,  caused  iiy  I'ailmrs  of  crop*. 
So  that,  as  re:j;arded  ilie  (inances  of  tin'  I'l'ovince,  tlie  dclit  was  no  worse, 
expenses   had    Iteen    rednced.   prosperity    liad    inci'eased,   tiicy    hail    an 
abundant    revenue,  and   i'.'lO.OOn   to  spare   in   the   trca-ury.     lie   niadt; 
those   ivfercnces  that  the   House  niijlit   understand,  wlialever  they  had 
been  charsxi'd  with,  that  tlieir  financial  alVairs  were  no  woi'se  than  they 
found  them,  but  a  <j;real  deal  better.     As  to  political  questions,  they  had 
succeeded  in  causing  tin'  opiMiinir  oi'  the  dooi-s  of  tiie  Council  chamber. 
That  subject  of  ('oin[)laint  iuid  annoyance  had  bei'u  disposed  of.     Judges 
were  secluded   (i'oni   politics,  by  Iteing  removed   from  the  other  branch, 
and  tlic  joint  power  of  the  second  l)ranch  had  been  abolislu'd.  and  it.  had 
been  made  to  rcsembk^  mitre  nearly  the  constitutional  model.     There 
were  two  bodies  now,  where  jiirujerly  there  was  but  one;  one  of  these 
formect  a  control  over  the  proceedings  of  that  House,  —  the  other  was  to 
assist  in  carrying  on  the  <'.\eculive   government  of  the   coiuilry.     The 
bank  influence,  also,  liad  been  neutrali/ed  ;  and  no  ll'ars  now  existeil  on 
that  head.     The  other  day,  they  passed  what  he  belie\ cil  to  l)e  a  valuable 
bill,  respecting  the  crown   lands.     They  had  settled  the  (piestion  of  the 
outj)orts  by  opening  nearly  all  whose  claims  had  been   pressed  on  tlieir  " 
attention.      "While  this  had  been  accomplislieil  respecting  internal  affairs, 
what  character  had  been  maintained  al»roail?     l>y  this  review  he  wished 
to  show  to  the  Assembly,  that  in  taking  another  step,  there  was  nothing 
in  the  past  to  terrify  —  nothing  in  the  chimeras  that  had  been  conjured  up 
to  prevent  that  other  step  being  taken,  and  a  constitution  being  fixed  for 
the  country.     "What,  then,  Mas  the  reputation  of  the  I'rovince  abroad? 
While  other  Colonies  had  gone  into  rebellion.  Nova  Scotians  had  main- 
tained their  allegiance  unsullied;  tlu'y,  as  far  as  ]M»ssible,  occupied  a 
position  in  which  they  helped  to  calm  the  angry  passions  of  those  who 
Iiad  been  dangerously  exciied.     Ibit  when  a  fitreign  enemy  attempted  to 
cross  the  frontier,  how  did  they  act  ?     They  did  nothing  more  than  they 
ought  to  do;  nothing  more  than  he  hoped  their  children  would  do  under 
such  circumstances;  but   they  did  thai,  which,  at  least,  was  no  dishonor 
to  the  iVssembly.     In  the  adjoining  Colonies,  that  Legislature  was  con- 
sid(!red  as  a  body  following  out  constitutional   reforms,  and  willing  to 
cooperate  for  that  purpose,  but  entertaining  no  disposition  to  weaken  the 
connection  with  the  mother  country,  nor  to  sanction  that  which  was  not 
wise,  and  was  not  founded  on  the  constitution  of  the  government  under 
which  they  lived.     "What  was  thought  of  the  House  in  the  neighboring 
States?     They  said,  that,  jterhaps  they  received  more  fair  play  there, — 
a  more  rational  interpretation  of  their  institutions  and  conduct,  than  in 


y  [ 

Up 

1        ■j    :" 

I    'I 


fl, 


224 


nESPOXSlDLK   COVERNMENT. 


fin. 


lil  l^i 


m- 


;hi   M: 


}:  ^-^ 


Oilier  Colonics  ;  l)iif  lluU  wlicii  tlicv  inlcrfcrcd  with  tln'  iiHt  rijrlits  of  llift 
I'roviiUT,  wlicii  tlii'y  iitlfm|)lc(|  lo  iii\;i(lc  tlic  .-imclily  of  r)i'ili,>li  noil, 
tlicn  (lie  A.-sciiilily  of  N'ovii  Scoliii  stood  in  llii-  foi'cjiroiiiid  of  opposition. 
Look  to  till-  iiiollicr  coiiiilrv,  ami  wliat  was  (Ik;  Provincial  reputation 
liiere?  'J'lie  aii.-^wcr  was  given  in  tlie  extract  from  Lord  Noriiianliy's 
dispatcii,  which  the  (Queen's  representative  had  placed  in  his  speech  at 
the  openiiiL''  ol  llie  ^e.»>ion.  and  which  was  so  honorable  to  the  llonso. 
This  repiilalion,  he  lioped,  they  woidd  siip|)ort  l»y  tlie  wisdom  of  their 
future  iirocecdinjis.  Tliis  Ix'inii;  llie  case,  tliey  now  came  to  grap|)le 
with  a  (pie-lion  of  girat  moment  lo  the  present  jreneralion,  and  to 
jjoslcrily.  He  might  assert,  ihat  tliey  iiad  earned  from  each  other  some 
mutual  eontidence  and  support  ;  and  from  other  Colonics  and  the  mother 
country,  ;i  fiheral  inteiprelation  of  tiieir  actions  and  feelings.  They  had 
cleared  from  the  field  of  discussion  many  iicrplexing  questions,  and  could 
now  appioach  that  important  matter  with  a  single  object  in  view,  which, 
if  obtained,  would  speedily  settle  all  that  I'emaiiied. 

If  he  were  a.-ked,  what  was  that  <piestion  which  they  were  approac'. 
iug,  he  would  say.lliat  it  was  the  foundation  of  a  Conslitution  resembling 
that  of  Kiigland.  wliich  lay  at  ihe  base  of  every  good  government,  and 
there  eoiild  lie  no  wise  and  satisfactory  administration  of  public  affairs 
without  it.  Tile  (pieslion  had  agitated  every  Colony  ;  it  had  received 
the  sanction  of  lilieral  statesmen  ;  and  that  House  had  again  and  again 
])n'>sed  it,  in  one  shape  or  another,  on  the  attention  of  the  home  goven: 
nient.  AViilioiit  that  just  system  aimed  at,  there  could  be  no  peace,  no 
good  government,  in  any  country.  l>y  the  settlement  of  it,  no  question 
could  again  ari,-e,  in  the  present  generation,  which  could  greatly  disturb 
the  harinoiiy  of  the  country.  There  would  be  struggles  between  parties 
—  there  would  be  minor  abuses  to  be  corrected;  but  no  agitation  re- 
specting organic  changes,  to  cause  any  general  annoyance  or  apprehen- 
sion. In  approaching  this  question,  he  would  ask,  was  it  new,  so  far  as 
the  experience  of  the  Asseiniily  went  ?  It  had  been  said  that  the  view 
had  been  learned  Irom  the  Karl  of  Durham.  He  []Mr.  Howe]  admitted, 
thai,  as  i-espccled  ihal  nobleman's  opinion,  he  was  glad  lo  have  such 
authority  in  suppoil  of  his  arguments  ;  but  it  was  not  learned  from  him. 
This  House  had  asked  for  a  government,  responsible  in  local  affairs, 
before  His  Lordship  saw  this  continent.  He  would  refer  to  the  address 
of  18.j7  ;  in  that  thej'  asked  for  such  responsibility  as  would  assure  to 
the  Province  the  i'air  influence  of  its  Legislature,  in  all  mutters,  and  the 
spirit  of  the  Urilish  Constitution.  The  address  of  1838  was  of  Ihe  same 
character,  and  ihe  report  of  Earl  Durham  did  not  appear  until  the 
spring  of  18u'J.    He  was  happy  to  have  the  concurrence  of  so  celebrated 


vl 


f„i 


RESPONSIBLE    GOVKHNMENT. 


225 


a  man  ;  btit  lie  tliouj^lit  it  n<xhl  to  show  tliat  tlicy  were  not  moro  followers 
of  ills  rc|)Oil,  hut  hiul  ii>kcil  for  rcsponsihlc  fTovoriinicnt  iicfoi'c  that  docu- 
niciil  hail  appcarrd.  He  would  Iroiihlc  the  (■oniiniltcc  wilh  sonic  extracts 
iroin  il,  to  siiow  the  opinions  of  His  Lord-hip  on  tin-  snltjccl.  [llcn'^Tr. 
IIow(3  read  tlu;  following  passajre  from  the  Karl  of  Durham's  report.] 

"  It  is  but  too  evident  that  Lower  Canaila,  or  the  two  Canadas,  have; 
not  alonf!  exhihited  repeated  eonllicis  hctween  llie  Hxeciitiv(^  and  the 
popular  branches  of  the  Legislature.  The  Representative  body  of 
I'pjX'r  Canada  was,  ])i,'fore  the  late  election,  hostile  to  the  policy  of 
\]iv.  jfovermnent ;  tin;  most  serious  discontt.'iits  have  only  recently  i)een 
calmed  in  Prince  Edward  Island  and  New  Urunswick ;  the  govern- 
nu'iit  is  still,  I  believe,  in  a  minority  in  the  Lower  House  in  Nova 
Scotia;  and  the  dissensions  of  Newfoinidland  are  hai'diy  less  violent 
than  those  of  the  Canadas.  It  may  fairly  be  said,  tliat  the  natural  state 
of  r^overmiient  in  all  these  Colonies  is  that  of  collision  between  the 
Executive;  and  tiie  IJi'presentative  body.  In  all  of  them  the  administra- 
tion of  public  affairs  is  Inibitually  conlided  to  those  who  do  nut  coiiperate 
harmoniously  with  the  popular  branch  of  tiie  Legislature;  and  the 
government  is  constantly  pro|»osing  measures  wiiich  the  majority  of  the 
Assembly  reject,  and  refusing  its  assent  to  bills  which  that  body  has 
passed." 

"That  they  might  cooperat(>  harmoniously"  in  this  Province,  was  the 
object  i)i'  th(!  i)ropositions  he  intended  to  submit. 

It  wt)ultl  be  jierceived  how  strongly  His  Lordship  contrasted  the  aflfairs 
of  the  Upper  and  Lower  Provinces  of  Canada,  and  commended  the  po- 
litical sagacity  shown  by  the  former. 

"The  relbrmcrs,  however,  at  last  discovered  that  success  in  the 
elections  insured  them  very  little  practical  Ix.'netit.  For  the  oilicial 
party,  not  being  removed  w'len  it  i'ailed  to  eonmiand  a  majority  in  the 
Assembly,  cctntinued  to  wield  all  tla;  })Owers  of  the  Executive  govern- 
ment, to  strengthen  itself  by  its  ])atronage,  and  to  inllii(!nce  the  policy 
of  the  Colonial  government  an<l  of  the  Colonial  depai'Iment  at  home. 
By  its  secure;  majority  in  the  Legislative  Council,  it  could  eU'ectually 
control  the  legislative  powers  of  the  Assemldy.  It  could  choose  its  own 
moment  ibr  dissolving  hostile  Assemblies;  and  could  always  insure.  I'or 
those  that  were  favorable  to  itself,  the  tenure  of  their  seals  i«)r  the  lull 
term  of  four  years  allowed  by  the  law.  Thus  the  reformers  found  that 
their  triuni|ih  a)  elections  could  not  in  any  way  facilitate  the  progress  of 
their  views,  while  that  executive  govermnent  remained  constantly  in  the 
hands  of  their  opponents.  They  rightly  judgeil  that  if  the  higher  ollices 
and  tlu!  Executive  Council  were  always  held  by  those  who  could  com- 


M 


I  ill 

i]  ■    m 


226 


nrspoNsinr.K  covf.hnmknt. 


•i  r 


i  ■!#  sii 


iniuwl  ii  niMJorlly  in  tin'  A«-cmlily.  llic  (•iinstiliilioii  nl'  ilic  Ti('fi;isla(ivo 
Cuiiiicil  was  ii  mailer  ai'  vrry  litllc  iiKiiiifiil,  iiia-miicli  u-^  lln'  advisers 
(if  llic  (idvciiKir  cdiilil  always  taki' care  llial  its  ('(imiKisitioii  sIkmiIiI  ho 
jnodil'u'd  so  as  lo  >iiil  tlicir  own  |nii|)o<cs.  Tlu'y  conci  niratiil  tlicir 
jHiwcrs,  llicrclorc,  for  llic  piii'iiosc  of  oldainiii^'  llic  rcspoii-ihilily  of  (li<! 
Kxcciilivc  Coani'il;  and  I  cainiot  lidp  conlra^tin^j;  tlic  uraclical  jrood 
sense  of  llif  l'"nLrli.-Ii  reformers  of  I  pper  Canada  vviih  ilie  less  piiaN-nt 
eoMive  of  llie  Fi'encli  majority  in  the  Assemldy  of  Jiower  Canada,  as  ex- 
hibiU'd  in  the  ditlerenl  demands  of  eonstitntional  elian;,'e,  most  earnestly 
juvssed  l»y  eaeli.  r>olli,  in  faet,  desired  (lie  same  oitji'et,  namely,  an 
cxleiision  of  po[)iilar  iiillneiiee  in  the  jj;overnment." 

He  (rusted  that  the  Assemldy  woidd  coiieeutrate  its  powers  to  obtain 
(his  object.  He  trusted  that  tiu^  (ineslion  wonid  not  be  viewed  as  u 
pt'((y,  parly  (piestion,  bat  as  a  ureal  matter,  in  the  honor  of  seKlinj; 
Avliicii,  all  mijiht  parlieipate. 

"  [(  is  not  in  the  terrors  of  the  law,  or  in  (he  mijiht  of  our  armies,  (hat 
(he  seeui'e  and  honoi'able  bond  of  eonneelion  is  to  be  fonn<l.  It  exists 
in  the  benelieial  operation  of  those  iirilish  institutions  which  linl.  (he 
u(most  development  of  freedom  and  civilization  with  (he  stable  authority 
oi"  an  hereditai";  monandiv,  ami  which,  if  riurhtly  orjfaiiized  and  fairly 
administered  in  the  Colonies,  as  in  (ireat  I'ritain,  woidd  render  a  chanj^o 
of  iustitntions  only  an  addilional  evil  (o  lla;  loss  of  the  i»i'otection  and 
commerce  ot' tlw  IJiMlish  empire." 

His  Lord.->hi|t  lu're  >tates.  thai  in  doin^  justice  (o  the  Colonies  in  giv- 
in<^  (hem  r)rili>li  iustitntions,  the  mother  coinitry  would  be  relieved,  and 
(he  armed  I'orce,  now  required  to  maintain  order  miiilit  be  withdrawn. 
Let  these  instiliitions  be  uiven.  and  then,  if  irreat  clian^es  were  attempted, 
(lie  population  would  not  o  dy  exhibit  disL^racefid  ingratitude,  liut  wcadd 
fall  fi'om  those  inslitiuions  which  had  l)een  handed  down  by  their  fathers, 
and  the  efficacy  of  which  had  been  so  fully  proved. 

"  In  Knjrland  (his  pruiciple  has  been  so  loiiu;  considered  an  indisputa- 
ble and  essential  part  of  our  Constitution  (hat  it  has  really  hardly  ever 
lieen  ibund  necessary  (o  iiupiire  into  (he  means  by  which  its  observance 
is  enforceil.  AVhen  a  ministry  ceases  (o  coinniand  a  majority  in  I'arlia- 
iiieut  on  great  (piesfions  of  policy,  its  doom  is  sealed,  and  it  would  ap[)ear 
(o  us  as  strange  to  aKeinpt  tor  any  time  to  carry  on  a  government  by 
means  of  ministers  ^lerpetiially  in  a  minority,  us  it  would  be  to  pass  laws 
with  a  majority  of  votes  against  them.  The  ancient  eonstitnlional  rem- 
edies by  impeachment  and  a  stoppage  of  (he  supjjlies  have  never  siiic<! 
the  reign  of  William  HI.  been  brought  into  oi)eration  lor  the  ])urpose 
of  removing  a  ministry.     They  liavc  never  been  catled  for,  because,  in 


IV- 

,11. 

ikl 


il- 
er 
ncc 
ia- 
ar 


■III- 

icc; 

ose 

in 


UKsroNsiiiLi':  <!<»vi:i!NMENt. 


227 


fact,  it  lia-i  litrii  llic  haliit  III' luini^tcrs  ralluT  to  anticipates  llic  occiirn'mT 
of  an  absolutely  lidstilr  vole,  ami  to  ictin',  wlicii  siipporlcd  only  liy  a 
hart'  am!  iiiicci'tai'i  majority.  If  ( 'olonial  li';[;i>latiin's  Iia\i'  IV('(|Hi'iilly 
stoppfil  till'  siipplic-;  —  if  lliry  have  liai'i'a-;><'il  piililic  servants  hy  imjiist 
or  Iiar.-li  inipe.'iclimeiil-..  il  was  because  tlic  removal  of  an  impopiilar 
:i(liniiii<lralioii  could  iiol  he  efl'ccleil  in  the  Colonics  hy  tlio^e  milder  indi- 
cations oi'  a  wan!  ot"  conlideiiee,  which  have  always  sulliced  to  attain  llu; 
ohject  in  llie  iiioiher  coanlry." 

That  llou-e  Ii;id  iic\('r  proceeded  to  (he  extreme  of  stoppinjij  the  sup- 
plies; why  ?  It  was  not  hecan-^e  it  was  salislied,  or  had  no  excuse  for  so 
doiii;:,  or  would  nol  do  so  if  il  had  the  power.  No;  hul  they  knew  that 
by  so  doing  they  should  iiillict  a  cerlaiu  evil  on  the  country  —  they  would 
be  proseciiling  what  they  thoui^ht  was  f^(jod  in  itself,  but  w!i:il  others  in 
the  country  inii^dit  not  think  worth  the  sacrifice.  Therefore,  a  slaudinj; 
rule  of  their  conduct  had  been,  not  to  jeopardi/e  the  public-  interests  by 
any  acrKui.  Need  he  refer  to  the  rescindinLjof  tin;  resolution  a;raiiist  \]ui 
Council  in  lcS.T7.  The  ruh-  had  been  to  keep  peace,  aii<l  not  to  let  il  bo 
said  that  from  any  fccdinji;  of  pi'idc  or  sidf-iinporlance,  they  would  allow 
the  best  interests  of  the  country  to  be  endani^ered. 

"The  IJritish  people  of  the  North  American  Colonies  are  a  people  on 
whom  wo  may  safely  rely,  and  to  whom  wo  inu>t  not  <ri'U(lge  power. 
For  it  is  not  to  tho  individuals  who  liavo  been  loudest  in  demaiuling  the 
diaiige  that  I  propose  to  concodo  tho  responsibility  of  the  Colonial 
adiniiiistration,  but  to  the  people  them-elvcs.  Nor  can  I  conceive  that 
any  peoi)le,  or  any  considerable  poi'lioii  of  a  people,  will  view  with  dis- 
satisfaction a  change  which  would  amount  simply  to  this,  that  the  crown 
would  henceforth  consult  tin;  wishes  of  the  people  in  tho  choice  of  its 
servants." 

Did  His  Lordship  mean  that  power  should  not  begrudged  to  the  Colo- 
nial Assemblies,  to  interfere  in  the  gn>;it  national  regulations,  in  arrange- 
ments respecting  the  army  or  navy  of  the  empire,  or  the  prerogatives  of 
the  I'arliaincnt  or  crown?  What  was  th(»  power  alluded  to?  I'ower  to 
influence  those  who  conducted  the  local  administrations  within  the  Prov- 
inces, and  who  had  the  patronage  of  local  appointments  in  which  the 
mother  country  felt  no  concern,  which  could  have  no  influence  in  her 
general  affairs,  or  those  of  the  adjoining  colonies. 

He  Avould  turn  for  a  few  moments  to  another  publication  to  show  tho 
opinion  of  another  statesman  on  such  subjects.  It  was  tho  speech  deliv- 
ered some  months  ago  by  Mr.  Macaulay  at  Edinburgh  in  w  hich  was 
forcibly  pointed  out  the  distinction  between  legislation  and  adrainistra- 
tion. 


^^'^ 

•'  ■  *  il 

1 

1 

1     , 

iri 


\y 


0«)U 


ni:sp(>Nsiiii.i;  (jovkknmknt. 


"'riuTc  i>;  a  cuiuiiioii  rrrnr;  il  i-  tmc  llml  I  ^Imiilil  nol  lie  Mirpiiscd  in 
find  fvcri  amoiii;  tlic  rc<|)c('tali|i  limly  dial  I  iidw  adilri'--.  liir  I  liavf  I'oiiinl 
il  aiiKHi;^  iiu'ii  iml  only  of  I'lliii'iuinii  .-iihI  '.rninl  :iliiliru->,  ami  ^ii'iicrally 
spcaUiiijr,  ciiliL'lilriird  \i(\v-,  Iml  aUn  i\i'irdii;;_d\  ••(ni\  cr-aiil  willi  |pulilic 

lilt";    I  aliiidi'  Id  ill iiMiiioii   rri'ur  (if  iliiiikiii.:'   dial    in    |in!iiii'-i   Iruji^ja- 

tioa  is  every  liiiii;.;  and  adiiiini''lralii>ii  nniliiii'j. 

"  Il  seems  .slraiit^e  iIimI  |ie(i|de  -liniild  not  lie  aware  dial  il  i-  nl'ien 
lietler  In  lia\  e  an  iinrernrined  -y-leiii  III'  law-,  adniinislenil  in  die  >|iiril 
ol'  reliirin,  llian  a  relnriiied  >y-li'in  adniini-lered  in  a  spiril  lio^lile  In 
relorni." 

The  speaker  illiisl  rates  liIs  po-ilinn  liy  a  \aiie|y  nj"  ri'li'rencfs.  Instead 
of  dweilini:' on  il  any  loii'ier.  !i(>\ve\er.  lie  [  Mr.  Ilowe]  would  liirn  lo 
aiiollier  aiididiily.  wliieli  lie  was  ennlidenl  would  Iia\  e  wei;,dil  willi  llic' 
('(innnillee,  and  die  (|uolinL' <it  wliieli  tiave  hini  tirea!  pleasure,  knowinj^ 
as  lie  did  dial  die  w  rilei'  would  nol  lie  aeeii-ei|  o|'  niiy  nmliie  pai'liality, 
and  reeolleelinu;  die  expressed  opinions  of  dial  jreiilleni.'Ul  wliieli  -reined 
to  have  such  an  oppnsiie  ti'udeiiey.  lie  alluded  lo  a  letter  from  one  of 
the  Coinicirs  dele'j:al''s,  lion.  .Mr.  Wilkiiis.  lo  die  manpiis  of  Noi-niani>v. 
This  was  not  an  anlhorily  iiadiiieil  lo  u;o  lo  the  exiremi'  on  the  lilieral 
side,  howevei'  he  iiiiulil  hi'  supposed  liy  -oiiie  to  l;o  to  an  extreme  in  an 
oppu'ile  direclion.  lie  [Mr.  Howe]  lidt  ,L;lai'  at  this  fui'lliei-  evidence, 
that  there  was  a  ehaiiee  of  all  uniting  on  this  iiuestiou,  and  of  ;ielliii^^  it 
tail  of  the  way.  w  ilh  die  olliei'  mailers  thai  had  heeu  settled  l»y  the 
House. 

"  I  have.  .My  Lord,  die  ulm.ist  respect  for  the  repi-eseiitatives  of  the 
people  of  die  Colony  to  which  I  helouu'.  I  ino.-t  sincerely  desire  (liaL 
the  two  llcMises  may  I>c  enahled  to  le^i.-latc  harmoniously  and  usefully, 
and  I  fully  assent  to  the  sentiment  expressed  in  one  of  the  resolutions 
of  the  House  of  Assemhly  passed  in  die  last  session,  that  the  temper 
and  spiril  of  th(>  local  administration  sliould  he  in  accordance  with  the 
opinions  and  wishes  of  llu'  irreal  majority  of  the  people. 

"  I  hav(>  dw(dt  the  more  at  lenj^th  on  this  suhject.  My  Lord,  hecause 
I  conceive  that  little  more  i-  reipiired  to  advance  the  hap[)iness  and  pros- 
ptM'ity  of  Her  jNIaJesty's  subjects  in  Nova  Scotia,  who  are  devotedly 
attached  to  her  royal  ])erson  and  szovernment,  than  to  secure  to  them  a 
constitution  in  form  and  spirit  as  nearly  as  jiossible  assimilated  to  that 
of  the  parent  state,  thus  eiiahlinir  them  freely  and  inde|)endenlly,  i)y 
means  of  their  local  leirislation,  suhject  only  to  such  restrictions  as  an- 
necessarily  incidental  to  the  ivlalion  hetweeii  a  Colony  and  th<!  metro- 
politan state,  and  aided  by  the  fosterinir  care  and  i)roteetion  of  the  j>:reat 
nation  to  which  they  belong ;  to  develop  their  own   resources,  control 


HKspoNsiiii.i:  (;ovi:iinmi:nt. 


>)•)() 


'111  ;i 
lluit 

•,  i.y 

arr 
ctro- 
jjrcat 
nti'ol 


uihI  Jiiiiiiiijr''  iliiir<i\vii  it'Miiiir.  iiii|)r(i\i'  tlicifowii  Idral  iii>liliiliims,  ami. 
ill  a  uonl,  l<>  aiiirliiiralc  llnii-  own  social  ami  iMililiral  niiidilidii." 

'riir-c  were  M'liliimiils  liniidialilr  Id  tln'  wiilrr  a-t  a  lad-  iiirinlM  r  dl' 
llic  JldiiM',  as  a  iiii'IiiImt  df  ilir  oilirr  liraiicii,  aiiil  ih  a  Nova  Si-diiaii. 
('crliii'.'  a  ilt'i'p  iiilcrcst  in  lln-  wcllarc  of  liis  native  lainl. 

l\   lie  liail  .-rai'i'licil  all  llir  Cdldiiial    liliiarirs    Idi-  a   sti'diii:  d|iiriidii  in 

raXdI'dl     wii.'il    III'   \vi-lli'i|   Id   1 1 1';^!'  (Ill   illi'    lldll^r     III'  I'dllhl    lldl     liaVi'   ldl|||<| 

niir  wliicli  lictli  r  .-nilrd  Ills  |ini-|id~r  llian  llial  jiisl  I'rail.  Was  iidI  llicn 
llir  |ii'dpd>iiidii  lii'l'di'i'  llic  lldii.-c  llii'  lan^rna;^'!'  ol"  cdiiimdii  srii«',  ami   in 

at'Cdrilaiin'   willi  tlic   i nli'il  u|(iiiidns  dl'llu' l''ail  <tl' I  )iiiliain,  .Mr.  Ma- 

caiilav,  ami  Mr.  Wilkins':'  Was  it  imi  rdiimlnl  in  llir  I'dnnmiii  inarlici' 
dl'  lili' ?  .Snppdst' a  cdiniiaiiy  rorniiil  I'di'  llic  pnrpitsc  nl' cdnslnicliii'^  ;i 
railroati  ;  >iippd-c  tlic  line  Id  lie  inn  acrn-s  ihc  cdiinlry,  ilm  Idumlalidii 
laid  siirclv.  ami  llic  Iracks  ciinipli'liil  ;  -iippdsc  every  lliiiiii'  ildiic  dii  ilic 
best  ami  iDd^t  lilici'al  M'alc,  l>nl  m*  rcliirns  i-cali/ci|.  I'pli)  llial,  llic 
Vcsull  dl'  li't'l'lalivc  aclidii  was  liai'iiidiiiiiiis  ;  liiil  if  llic  iiHicci's  appdiiilril 
Id  ailiiiini>lrr  il>  ailliirs,  in-lrad  ni' cdmliicllnir  il  wi^i'ly  ami  Ipcin'j-  cid-ily 
rcspoii.-ililc  Id  lie  L!('iicral  linily.  aclnl  iinpniili'iilly,  dirrctly  lliwarliil  lln' 
views  dl'  llic  sliarclidldci's,  and  did  iml  acl\iid\vlcilL''c  llicir  conli'dl ;  cmild 
any  lliin;,' ImiI  evil  rc<iilt  ri'din  siicli  a  slate':'  Siippo-e  a  ship  Itiiill  to 
iia\i;zalc  llie  ocean;  llie  niercliant  iiii'ilit  iiive~t  Ids  capital,  lie  inii.di!  till 
tlie  lidld.  and  pruv  ide  her  willi  e\ery  reipii^ite  ;  lull  if  he  M'lil  her  under 
a  crew  which  di-i'e;ianled  his  intere-ls  and  di-nlieycd  his  iiislniclidiis, 
would  any  lielieve  liiat  the  speciilalidii  cduld  prosper,  and  thai  llie  \es-cl 
would  nialic  a  i_rddd  \ oyau'e,  and  retiini  -iicces-l'iil  iiild  port  ?  So  was 
it  in  nalidiial  ailiiii's ;  it  wmild  lie  rdiiml  llial  alllidii'.di  the  ildii-e  had 
done  niiu  li,  —  had  cleared  away  many  <pii'.>iioiis, —  1 1  icy  wen^  reipii  red  to 
do  still  iiiorc  to  sectii'c  the  well  hciii^r  oi'  the  cdiintry  ;  th;il  there  wdiiid  he 
III)  security  until  they  tdoU  diie  step  i'lirlhcr,  iiiilil  lliey  had  cai'ried  out 
llic  principles  of  llic  rc-dhiiidiis,  and  made  the  local  jio\  crnineiii  har- 
iiioi  i/e  with  the  Lc^dsl;itiirc.  This  should  he  done,  if  they  would  pre- 
vent the  possihilily  of  every  lliiiii:  which  had  hceii  elleclcd  hcin^  rever>ed 
or  rendered  nn,i.''aldry.  They  ,-lidiild  mil  rc.-l  satisfied  uitli  what  they 
had  accoiiiplislied,  hut  oiii^dil  to  ;:;o  on  to  secure  and  perfect  their  woi'k. 
The  ('oiintry  nui^ht.  he  swept  hack  to  the  ])rcdicaiuciit  in  which  il  for- 
merly stood  if  the  House  could  not,  inlliiencc  the  adiniiiistralioii,  and 
answer  the  wishes  of  the  people  l»y  providinijj  for  ^ood  j,'ov(M'iiim'nt.  To 
tc.-l  the  principles  which  he  advocated,  he  had  jireparcd  four  short  reso- 
Intidiis,  the  lir>t  of  which  he  would  now  read  to  the  House, 

Jicso/rci/,  That  it  is  the  opinion  of  this  coinnnttce,  that  f()r  many 
years  the  hc>t  interests  of  this  Province  have  been  jeopardized,  and  its 


u 


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lit 


230 


RESPONSIBLE   (iOVERNMENT. 


progress  refardcci,  by  the  Avaiit  of  liarniony  bctwrcn  llio  (liflrer'.'nt 
branches  of  the  govevnineiit,  and  tlie  aljscnce  of  that  conlial  eofipcra- 
ration  between  the  representatives  of  tlie  peoph'  and  those  who  eondneted 
the  local  administration,  which,  in  (he  view  of  tliis  House,  is  hi<rhly  desi- 
rable, if  not  indispensable,  in  every  IJritish  Colony,  (o  ■which  a  constitu- 
tion, modelled  after  that  of  the  mother  country  has  been  granted  by  the 
crown. 

That  referred  to  times  passed.  It  alluded  to  the  dilliculties  that  had 
been  experienced  for  many  years,  and  which  flowed  from  the  system 
now  under  consideration. 

Particulars  on  this  subject  might  be  rc(iuired.  lie  felt  that  day  unu- 
sually anxious  to  conduct  the  inquiry  in  a  manner  suited  to  the  solem- 
nity and  importance  of  the  (piestiou.  If  he  I'clt  called  on  to  go  in  an 
acrimonious  manner  into  thi'  su|)port  of  tlie  resolution,  he  miglit  perhaps 
rake  up  many  things  that  woul<l  justify  its  language;  but  he  did  not 
wish  to  cxpiT'SS  one  unnecessary  woi'd  of  harsimess,  nor  to  hurt  the  feel- 
ings of  any  man  ii'  the  House  or  out  of  it  ;  he  would  therefore  only 
make  a  few  references  of  a  general  nature.  During  the  last  session  he 
had  undertaken  to  state  that,  in  the  last  ten  years  a  sum  of  £80,000  had 
been  wasted  in  the  public  alfairs  of  the  Province.  That  charge  had  been 
laughed  at,  but  he  had  never  seen  it  satisiaetorily  controverted.  He 
believed  the  reckoning  to  be  sound ;  Ijut  if  the  sum  were  not  so  large,  a 
very  considerable  lo.-s  could  be  imdoubtedly  proved.  If  a  l)etter  system 
existed  that  e\il  would  not  have  grown  up.  He  might  also  refer  the 
committee  to  the  old  cpiestion  respecting  the  customs  establishment.  If 
they  entced  on  that  discussion  Avith  the  local  government  —  instead  of 
being  against  the  House,  cooperating  with  it,  —  would  not  a  much  wiser 
settlement  have  been  effectetl  ?  AVould  the  result  on  the  quit  rent  ques- 
tion be  as  it  was  if  the  members  of  the  government  had  no  interest  in 
the  transaction,  and  had  no  desire  to  thwart  the  views  of  the  Assembly  ? 
He  not  only  demanded  that  the  Executive  Cornell  shoidd  not  bear 
against  the  Assembly ;  they  should  give  it  their  full  support  and  hearty 
concurrence.  Every  member  could  recollect  the  old  brandy  question. 
£20,000  had  been  lost  by  that  (piestion.  That  Avas  not  a  dispute 
between  the  two  recognized  Le^fislative  branches  so  much  as  it  was 
between  that  Assembly  and  another,  which  wielded  combined  Legislative 
and  Executive  powers.  If  a  system  of  responsibility  in  local  matters 
were  then  in  existence,  could  any  man  suppose  that  that  dispute  would 
have  proceeded  to  the  length  it  did  ?  "When  any  i'oar  of  collision 
between  the  two  branches  occurred  in  tiie  old  coinitry.  the  Executive 
stepped  in  and  BU])[)lied  the  corrective.     Here  the  Assembly  had  been 


<; 


|nbly? 

bear 

learty 

spate 

It  wa.'j 

llativc 

[itters 

^vouUl 

lis  ion 

utive 

been 


RESPONSIBLE   GOVERNMENT. 


231 


involved  in  conflicts,  nut  only  with  the  npper  Legislative  branch,  bat 
with  the  Executive  also.  The  stnijrirle  alluded  to  ended  in  \va<te  of  the 
public  resources,  and  distraction  of  the  public  mind,  and  but  too  plainly 
nuinifcstcd  the  impractica1)ility  of  carrying  on  the  government  satisfac- 
torily in  that  manner.  The  old  story  of  the  marriage  license  lasted 
about  a  quarter  of  a  century  before  it  was  finally  arranged.  "Would  any 
believe,  if  the  local  government  sup|)orti;d  the  views  of  Assembly,  that 
that  would  not  have  been  settled  much  earlier  ?  It  was  brouglit  to  a 
close,  he  believed,  wh(>n  His  Excellenc)' was  about  coming  out ;  it  was 
then  granted  as  a  boon  which  was  to  mak(>  his  government  popular  and 
to  satisfy  the  Colonists;  they  were  allowed  to  g(.'t  married  according  to 
their  own  notions.  The  Pictou  Academy  dis})ute  was  another  cpiestion 
which  agitated  the  Legislature  from  1818  io  18.01.  jNIajorities  in  that 
House  carried  bill  after  bill,  and  resolution  after  resolution, before  that  was 
disposed  of.  It  might  be  said  that  the  Executive  advisers  were  right  in 
that  part  of  their  conduct ;  but  that  was  not  the  question  ;  supposing  the 
House  to  be  wrong,  ought  not  it  to  hav(>  the  power,  in  a  local  matter,  to 
carry  the  Executive  sanction  ?  The  Pictou  Academy  question  was 
whether  an  institution  should  grow  u\)  which  was  favored  by  large  por- 
tions of  the  people.  It  was  fmally  destroyed,  and  the  very  feeling  that 
created  it  then,  began  to  build  up  another,  which  now  existed,  half  acad- 
emy and  half  college  ;  and  the  ([uestion  of  colleges  was  to  that  day  in 
.some  degree  embarrassed  by  the  old  dispute.  He  made  these  references 
io  illustrate  his  views ;  he  did  so,  not  to  create  any  unpleasant  feeling, 
but  as  he  woidd  refer  to  a  volume  of  history.  The  second  relation, 
which  he  would  submit  to  the  committee,  was  a  follows  :  — 

licsolccd,  That  it  is  the  opinion  of  this  committee,  that  during  the 
struggle,  which,  since  1807,  the  House  of  Assembly  has  maintained, 
with  a  view  to  reduce  the  expenses,  improve  the  institutions,  and  purify 
the  administration  of  the  country,  it  has  been  met  at  every  step  by  an 
influence,  which,  while  it  Avas  beyond  the  control  of  the  Assembly,  has 
wielded  the  whole  power  and  patronage  of  the  government,  to  baflle  its 
eflbrts,  and  thwart  the  wise  and  benevolent  policy  avow(xl  by  Her  Maj- 
esty's ministers. 

That  resolution  did  not  refer  to  the  history  of  the  country,  but  to  the 
experience  of  the  present  House.  He  thought  he  need  hardly  say  a 
word  on  the  dilficulties  of  the  last  three  or  i'ouv  years ;  they  were  frt.'sh 
in  the  minds  of  all.  There  was  scarcely  a  sul)ject  of  im])ortance  to  the 
constituency  of  that  House,  that  had  not  to  be  fought  for  inch  by  inch 
against  the  influence  of  the  local  government,  instead  of  its  b(Mn;.i  found 
cooperating  Avitli  the  Legislature,  as,  to  a  certain  extent,  it  undouotedly 


m 

'^H 

■   i 

u 

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1 

■'1'  ;'r 

■,l.-i  ■ 

iH 

1 

.'..., 

Mi 


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232 


RESPONSIBLE   (iOVERXMENT. 


11    ; 


oiiirlit.  lie  ncctl  nol  refer  aguiu  to  the  old  matter  of"  re>oin(liiig,  when 
the  House  irave  way  to  th(.'  prc-siuM.'  of  tliat  innuence,  rather  than  eaiisu 
a  LHcaf  hiss  to  tlie  eoiintry.  They  would  not  aet  over  airain  the  brandy 
dispute,  and  they  yielded;  iMit  ^'•ciulenien  around  him  would  well  reeol- 
leet  with  what  feelings.  IL;  need  only  refer  also  to  the  opening  of  the 
Council's  doors.  lathe  spring  of  l.s;57  what  was  experienced?  The 
other  Iiranch  was  not  then  a  Legislative  Council  only,  it  was  the  Execu- 
tive of  the  country.  Almost  every  thing  that  the  Assembly  asked  at 
that  time  was  declared  to  Ik-  nonsense,  or  to  originate  in  republican  i'eel- 
ing-,  or  disallection ;  and  it  was  sai<l  that  they  were  going  to  destroy  the 
countiy.  The  recollection  of  those  charges  made  Liui  smile  now ;  but 
what  was  the  result  ?  The  House  addressed  Her  Majesty,  and  the 
Queen  thought  veiy  ditrerent  from  her  2s ova  Scotia  Council ;  Iler  IMaj- 
cstv  gi'ant('d  nnu'li  that  was  a.-ked,  and  thanked  the  House  for  asking. 
The  ]'^xecutive  Council  at  that  time  used  the  whole  of  its  patronage  to 
thwart  th(!  views  of  the  Assembly.  In  the  next  year,  the  Civil  List 
Dill  was  {)assed,  and  was  referred  to  the  authorities  at  home.  Did  any 
one  bc'lieve  that  the  reconnnendalions  of  the  Assembly  were  supj)orted 
at  that  time  by  the  local  Executive?  Did  that  body  say,  ''The  sums 
are  .sutlieient,  the  measure  is  good,  give  it  to  the  Ke[)resentative  branch  ?" 
No  ;  it  was  believed  that  their  influence  was  used  to  deieat  it.  Need 
the  business  of  last  st'ssion  be  more  than  rt'l'erred  to,  in  proof  of  the  reso- 
lution? The  Assembly  intrusted  two  dtdegates  Avith  a  variety  of  meas- 
ures which  were  thought  to  be  important  to  the  country.  AVhat  were 
the  results?  The  Legislative  Council  opposed  the  measure,  and  linally 
resolved  that  if  His  Excellency  should  thiidv  tit,  he  should  send  two  of 
their  body  also,  to  represent  their  Aiews  to  the  home  government.  Of 
course  the  object  was  to  oppose  the  general  views  of  the  Assembly.  If 
the  Executive  Council  had  control  in  this  matter,  and  felt  with  the  people, 
either  that  delegation  would  not  lie  sent  from  the  otliei  end,  or  it  would 
receive  very  dilferent  instructions.  "What  were  its  avowed  objects  ? 
That  the  seats  of  members  of  the  Legislative  Council  should  I)e  ren- 
dered permanent,  and  that  there  shouhl  not  be  a  union  of  the  Colonies. 
When  they  arrived  home,  however,  the  burtlnm  of  the  mission  was 
winked  out  of  sight,  and  they  opposed  and  aimoyed  the  delegates  of  the 
House  on  (piestion-;  of  importance  to  the  country,  as  much  as  they  pos- 
sibly could.  Would  such  a  delegation  be  sent  under  the  system  pro- 
posed? and  if  it  were,  would  not  the  Executive  stand  apart  from  both, 
holding  the  balance  faii'ly  ln'tween  the  dispuliug  branciies,  and  not  as 
the  liuoi'er  and  advocate  of  one,  and  (he  op[ioser  of  the  other?  The  dele- 
gates went,  however.     The  delegates  of  the  House  did  some  good;  all 


:  jT     ^( 


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w 

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1 

:  ; 

'  t 

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IV 11- 

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;  all 


V 


RESrONSIBLE    GOVEHNMEXT. 


233 


admit  lliat ;  bill:  ho  inqtiircd  of  any  wlio  licard  liini,  wliat  good  liad  tlio 
C'oiiiicirs  dclcujates  ju'coniplislicil  ?  What  did  they  ctVcct  lliat  was 
dosiird?  "NVliat  did  tlicy  dofeiid  thai  was  attacki'd?  "What  diil  tlicy 
do?  And  yet  he  took  it  lor  prantrd  that  i'lOdO  liad  been  ''xpcinh'd 
by  them,  whicli  would  Iiavc  to  lie  paid  out  of  the  irencral  or  the  casual 
revenue.  This  was  tlie  system  that,  from  time  to  time,  injured  the 
eountry.  TIh;  third  resolution,  which  he  had  i)repared  for  the  opinion 
of  the  House,  was  as  ibllows  :  — 

liesolrctl,  That  it  is  (In;  opinion  of  liiis  committee,  that,  in  approach- 
ing many  of  the  inijxirtant  (inestions,  to  be  disposeil  of  in  the  present 
sf-sion,  the  House  of  Assembly  feels  embarrassment  and  dilReulty,  which 
it  would  be  unwise  io  conc(-'al,  either  from  the  government  or  the  coun- 
try at  large;  and  that  it  can  anticipate  no  satisi'actory  settlement  of  those 
questions,  until  the  Executive  Council  is  so  remodelled  as  to  secure  to 
this  House  the  aid  of  the  local  administration,  in  carrying  out  the  \  iews 
of  the  Assembly,  and  in  facilitating  any  iii'gotiations  which  it  may  l)e 
necessary  to  conduct  with  Her  3Iajesly's  government, 

If  lie  were  a.>ked  for  a  proof  of  that,  he  would  give  the  following 
illustration.  The  government  asked  the  House  for  a  civil  list  —  the 
House  passed  a  bill,  which  they  thought  gave  sullicient  to  tin'  pul)lic 
oiricers :  he  voted  tor  it,  and  would  vole  for  it  again,  and  he  believed  it 
gave  as  much  as  the  country  should  give;  but  li<!  d<'clared  his  readiness, 
if  he  saw  the  prospect  of  settling  the  question  hiially  by  increasing 
some  of  the  items,  to  support  some  increase,  for  he  considered  the  mat- 
ter of  a  few  hundred  pounds  trifling  compared  with  the  continued  agi- 
tation of  those  measures.  He  had  been  charged  with  an  anxiety  for 
agitation  ;  but  he  midit  be  allowed  to  sav.  that  if  there  Avas  a  man  in 
Nova  Scotia  desirous  to  wind  iq)  all  these  ([lu^stions,  to  fix  the  Constitu- 
tion, and  see  the  country  in  peace  and  prosperity,  he  could  surely  lay 
claim  to  these  feelings.  He  might  be  disj)osed  to  give  more  than  his 
honorable  friend  from  Yarmouth,  for  the  piir[)ose  of  settling  the  Civil  List 
Bill,  and  •with  the  view  of  meeting  government  half  way.  [Mr.  Hunt- 
ington paid,  that  it  was  no  principle  that  influenced  the  matter,  the 
incumbents  increased  the  sums  themselves.  3Ir.  Howe  contiiiue(l.]  If 
the  Civil  List  Hill  were  taken  up  again  and  passed,  would  it  not  again 
go  to  England  with  the  remonstrance  of  the  Executive  Council  against 
it ;  or,  if  they  did  not  remonstrate,  with  their  influence  opposed  to  it, 
instead  of  the  bill  going,  as  it  ought  to  go,  with  the  direct  influence  of 
that  body  in  its  favor,  and  their  voice  praying  the  government  to  let  it 
pas'^.  He  believed  that  a  reasonable  bill,  recommended  by  the  local 
government,  would  obtain  the  sanction  of  the  home  government.  [iMr. 
20* 


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Yomiu'  sMid  lliiil  llicrc  wmiM  he  no  (lill'iciilly  llicii.  Mr.  1  Iiiiitiiijftr.ii 
^;iiil  lliMl  llic  ( ;ii\  criiur  IkkI  iii-tiiiclidiw  to  |i;i-s  ;iii_v  liill  lli.'it  llic  two 
hniiii'lirs  .'-liniilil  jiLircc  to.  .Mr.  llnwc  cniiiiniicil.]  If  ^o.  dirrct 
.'ul\anl;i,L:i'  wuiild  .■iccnic  l)v  llu'  ••ipiilicnlioii  dl'  lilici'iil  views  (iii  llic  olliri' 
l)r.Mii(li.  Ilciliil  iidl  a-U  llic  ili-mi-.-al  III' ;m\  111"  (lie  iin'sciit  mciiilii'i's  dl" 
llic  I,i'L;i>lali\('  ('oiiuril.  luil  ihr  iiil'iHidii  nl'  llliccal  opiiiidiis  as  xacaiicics 
iicriniTiI.  ainl  niu'  iir  two  Vdlc^  wmilil  1m'  oI"  niiicli  ('(iiisciiiiciicc  on  .-oiiif 
iiu|Miiiaiil  inra-iiiTs  ;  llic  |ialroii;!!L;(' of  ilic  l'",\('ciiti\c  Coiiiicil  would  al'-o 
lia\c  MiiU'li  iiilliniici' oil  -onic  in  \\\f  oilier  I('i.'.i>iali\(' In'aiicli,  where  (liere 
werealwavs  menilu'i's  w  lio  y.:\\i'  due  alli'iilioii  lo  sneli  mallei'-.  'i'lnH, 
n  i-e.  lair,  and  leuiliniale  inea-iire-.  niiulil  lie  ]ire--ed  li_v  llie  I'lxeciilix c 
on  llie  oilier  tiraneli.  in-leaii  ol'  llial  lirancli  lookini:'  to  llie  iiower  anil 
l>al  iiiiiaL;e  ol'  llie  l''.\eeiili\  e  Tor  aid  aL'.ain-l  llie  llonse.  lie  would  now 
l)a>-  lo  a  Milijeel  llial  eoneeriied  all  who  !i''ard  liiiu.  and  llial  concerned 
llie  ri-iiiLi'  Licneralion  slill  inor<'.  The  |irevailin^  senlimeni  of  the  Assem- 
lilv.  on  juildic  ediicalion,  wa-,  lo  pa-s  a  hill  h\'  which  li'ood  coinnion  school 
ediicalioii  .-lioiiid  he  e\t(aided  o\(re\<a'v  pari  of  ihe  rro\iiice.  Suppose 
siicli  a  eiea^iirc  to  pass  ;  would  nol  its  success  depend  on  llie  manner  and 
<piril  in  w  hich  il  would  he  carried  oiil  hy  i:overmiieiil  ?  If  the  jiriiici- 
ple  ol'  as>es,-ment  were  adopted,  aiitl  the  u'oxcrnment  received  the  jiower 
oi'  aciinu'  on  il.  what  wraild  lie  the  ell'ecl 'r  The  men  who  siipporled 
pojuilar  candidates  in  the  coiinlrv,  would  he  so  aiiiioved  and  irrilaled  liy 
the  action  iindi  r  ihe  hill,  thai  the  niemhers  unpopular  with  llie  li'overn- 
nieni  need  never  expccl  to  see  the  in-ide  of  the  Assemhly  room  aijain. 
Thus  miuht  he  made  to  operate  as  a  curse,  that  which  would  he  in- 
tended as  a  hlessinji';  and  those  were  the  ilillicultics  ihat  made  the  llotisc* 
]>aus(>  and  hesitate  almost  at  every  steji  of  their  p.roLrfess.  They  were 
prepared  to  deal  with  I'ducation  in  a  proper  spirit.  Iml  were  the  li'overii- 
ineni  prepar(\l  lo  deal  wisely  and  fairly  with  llie  delails?  Was  there  a 
man.  on  wiial  was  called  tlu>  popular  side,  who  did  not  feel  that  liie 
niomeiii  he  sanotioiied  such  a  measure,  he  placed  a  W(>ai>ou  in  liie  liaiuls 
of  the  local  pfovernmenl,  which  would  he  wiiddi'd  to  destroy  his  intiiteiu'e 
in  his  county,  and  turn  him  iVom  ihal  Assembly?  'J'o  reverl  lo  the  stili- 
ject  ol'  the  roads  ot'  the  Province,  there  was  a  sum  of  t'.'ld.iXX)  in  the 
trea-ury.  and  when  they  came  to  expend  il.  they  would  have  to  pause 
with  imicli  anxiety.  lie  felt  that  t'rom  exiierieiice.  During-  last  session 
he  t'elt  it  a  oomitliment  in  the  House  to  ])ass  a  hill,  fzivin":;  i''J(*()l)  to- 
wards opt'iiing  the  eastern  road.  Tli(>  six  nieml)ers  inleresti'd  in  the 
line,  al'ier  much  lluniLrht.  a;j;reed  on  its  expenditure,  and  on  the  commis- 
sioners ol'ihe  work.  His  KxccUency  was  inConiiod  ot'this,  hnt  the  road 
was  handed  over  to  oilier:?,  willioiii  any  regard  (o  previous  arrangenientsi 


111- 

~(> 

•vc 

rii- 

IT   !l 

thr 
ii.ls 

U'C 

ll.- 

u: 
use 
ion 
to- 
tlu- 
iiis- 

:v\ 

'Ills 


nKHT'ONsiiti-K  (;()V1':I!NMi;nt. 


235 


rospocliri!^  ihc  unrts  (o  lie  (irsi  mIIi'ikIccI  Io,  or  ilic  (•oiiiiiiissloiicr-:.     We, 
(Ml  ;mii('v<'<I  III  this,  iinl  Iiccmiisc  llic  [n'lsoiis  i'iii|(lny('<i  —  .Mr.  .M mini . '111(1 
Mr.  Tiivlnr  —  were  iiol  i,'(i(iil  rnml  iii:iki'rs,  Iml  Iiccmiisc  lie  ('(in-idrrcil  liiiil 
llic  iillcr.-ilioii  \v;is   iniuli'    I'oi'   llic    |iiir|i()-<'  nl'  ;iiiii<)yiiiijj    lln'  iiii'iiilMrs  for 
IlMJiliix  ;iii(l  (iiiysliuro'   coiiiilic'.      Ilr  fiiiii|ilaiiic<l  Io  iIh'  (io\rriior,  and 
W.MS  (olil    His  l'",\c('llciii'y  knew  iiolliiiiL';   .•iImmiI    il.  lliat    il  na^  tloin'  Iiy  ;i 
coimiiillci' oi' llic  Coinicil;  —  lie  ('oiii|il;iIii(ii  loan  Mxrciilivr  Coiinciilor, 
and  was  lold  thai  li<'  kiirw  Moliiiiii;  alioiil  il.  and  tlial  the  arraiiL'^cnicnl  was 
ni.adi-    liy    roniinand   oi"    His    Mxcrlicncv.     This    was   the    o|)(r;ilion    of 
till'  sy>lcii),  ami   until   .-onic   chanui'   siioidd   he   cjli'drd.  the    linii^c   iidt 
dial  liii'V  coiild  nol  ;j;o    into   ;iny   i^rcal    iiii'a^iiri'  oi'  puliiir   iiii|iro\ cnirnl. 
M(^   adniillrd   that,   (hiriii'i    la-t   sc-sion,   wiidi    ihcy    sn|i|Mi-cil   ilial    Ihf 
cni'niy  wen-  in  tl:c    Held,  liicy  iiirLfot  all    ^ll(•ll    matters,  and   supplied  iIk; 
re(ini>ile   limds.        liiil  what    was    their  po-^ilioii?      So  Jealous   w.as   IIm; 
House  oi' the  Ivseciil i\ e  Coiineil,  lli.il  il  wai\cilllie  ii-iial  eoiirli'sy,  struck 
their  names  oiii   oi'  the  hill,  .and  lel't  tin'  m.allia'  to   the  (Joveiiior  per-on- 
allv,  ill  order  tliat    they  luiLihl  have  .-oine  respon>ihilily  Tor  the  expendi- 
liirc  o!'  the  money.      lie  ininht    ilhistrale   tlii--    in  a  \;iiiely  oi'  ways,  and 
miij:hl  exhiliil  lli.at  tin'  want  ol"  some    elVieient  check  inlerl'ered  with  |in!)- 
lic  improvenienis  of  ever\'   dc^cri|ilion,  in  a.   manner    lliat  would    nol  he 
supposed    jifohahle    Iiy    aiis'    who    were    not    ai'i|iiaiiiled    \\ith    the    i'acls. 
He  ri't'eriN'il  the  other  day  to    the  wilderness   lamN  ;  —  it'  the  laml  ollice 
were   conneeh'd   with   a    wi>e    system    ol'  cmiLiratioii,   and   thai     ii    were. 
determine(l  to   carry  on   a  coi-re^pondence  with   emiLMation  socielii's,  (lir 
tli;it  jiiirpose,  and    (o  adopt    .aclive    mea-nrcs   for  addiii,;^  Io  the   jiopnla- 
lion  of  iIk'  I'rovince, —  if  lliey  re.-olve<l  to  make  that  dep.ai'Imeiil  active 
ami  useful,  insteail  of  its  heiiiLT  as  at  proeni,  —  of  makini:;  il  the  means 
of  raisiiiij:;  (he  value  of  all  the  wilderne-^-;  lands  ol'  the    l'ro\ine<',  and  of 
])Iacinij;  it  in  siicli  ;i  situation  .as  an  active  man  would  woik  niLdit  and  day 
to  accompli>li,  —  did  any  man  think  that  tli<'y  would  have  the  sanction  of 
the  lociil  irovcniment,  or  the   concurrence  of  the  olllcia'  iiilei'e-;|ed ':'      lie 
did  nol  wish  to   speak   liai'shly  of  any    individual,  hiil    the  he>t  that  any 
could  s.ay  of  that  oilice,  w;i<,  that    it  was  ;i  :-ort  of  sleepy  department,  in 
which  if  tlier(   was  no  ai'eal    harm   ilone,  there  was  very  little  good;  — 
vcrv  little  revemie   was  i)roduced  hv   il,  ami  il    was  vi'fy  sliurhtlv  con- 
nc'cled  with  the  iinproveUKMit   of  tin'    I'rovince.      Another  ipieslioii,  was 
llie  union   of  the   cnsloms   and   excise.     On  this    Ii<3  hcliovecl  that  some 
ollicers  would  coiiperate  with    the    House,  hut  others  might   not,  and  the 
assistance  of  the  local  goverinneni  might  he  rcipiirtMl  on  that  .also.     The 
House  knew  well  what  weight   that   branch  liad  with  the  Kxeeutive, 


I     1 


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f    ■:'■! 


il    :M 


S 1,".      '      1 


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M 


■HI  1  }■ 


f 


■        1^;^ 

i'    i  ,[ 

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f:V 


nEsroxsir.LK  coveijxmhxt. 


wlii'ii  tliry  iii(('iiiiit(,'(l  lo  (i)ii('Ii  oHicc  ;  tliosi.'  who  wcir  not  assured  on  this 
point  need  not  ^(>t('    lln'  the  I'csohilioii. 

Fiiisl  winter  the  Assciiihly  voted  money  to  hnild  ii  Bridewell.  IIoav 
w.is  llie  ^nliject  i(r()])(>sed  to  the  House  by  the  Kxeenlive?  There  wiis 
not  M  >iniile  per-oii  who  could  tell  whut  sort  of  a  buildin;;  it  W!i>  to  1)C, 
or  what  mode  was  intended  to  he  lollowed.  They  passed  the  vote,  with- 
out the  ordiiiaiy  int'ormalion  re(inisiie  ibr  huildinu;  a  barn.  Instead  of 
that.  Ilie  matter  should  have  <'o!ne  down  as  a  jrrave  |iroposition,  roeom- 
niended  by  the  (Joveriioi",  ])erfeet  in  its  details,  and  havin^!  soint^  one  re- 
sponsible Ibr  its  progress  ;  some  one  to  abuse  ami  censure,  and,  if  nc.'cd  bo, 
lo  turn  out.  if  the  money  were  mi-applied  and  wasted.  They  had  to  deal 
wiih  it,  however,  as  this  year  they  would  have  to  deal  with  a  hospital, 
which  ihey  were  called  on  to  build,  and  which  was  a  ir<)od  measure,  and 
should  have  his  support ;  Imt  it,  and  all  such  matters,  ou.uht  to  come 
down  Irom  the  Executive,  with  all  the  ]>lans  and  ex]danations  which 
were  i'e([uii'<'d  to  guide  the  Assembly,  and  whicli  would  alfoi'd  some 
guarantee  for  the  proper  ex[)endilure  of  money,  lie  bidieved  it  would 
be  i'oimd  that  nearl}^  all  the  appointments  in  the  country  would  alVord 
additional  illustrations  of  the  working  of  the  svslem.  Look  at  Yar- 
mouth:  did  the  representatives  of  that  place,  who  acted  with  the  popu- 
lar parly,  enjoy  the  patronage  of  the  county?  No,  but  a  little  jtarty 
did,  which  included  about  one-eightli  of  the  population.  Turn  to  Digby; 
did  the  popular  meml)ers  for  that  district  enjoy  Executive  conliilenoc 
and  patronage?  A  year  or  two  ago,  they  got  a  bill  Ibr  erecting  a  ses- 
sions house  in  Clare  but  \\ui  local  authorities  laughed  at  them,  and  the 
measure  had  not  been  carried  hitherto.  If  any  otlice  were  vacant  thiM'e 
to-morrow,  would  a  i)erson  reeonnnended  by  llu^  member  for  Digby  bo 
appoiined?  No,  but  if  one  conld  be  found  conspicuous  for  trying  to  turn 
that  gentleman  otn,  such  an  individual,  probably,  would  be  the  successful 
candidate.  In  like  maimer,  they  might  refer  to  the  eoinity  of  Ann.'ipo- 
lis.  "Was  the  representative  of  that  eoimty  a  man  who  would  give  iriju- 
dieious  advice?  was  ha  a  wild,  intem[)erate  character?  Had  he  not,  by 
hard,  honorable  industry,  obtaineil  a  stak(;  in  the  country?  and  should  not 
such  a  man  have  weight  with  a  govermnent  ?  Yet,  did  any  one  require 
to  be  told,  that  if  a  person  were  seeking  any  government  favor  there,  ho 
woidd  not  be  seen  si)eaking  to  the  honorable  gentleman  [3Ir.  Holland] 
for  three  week.-  before  his  apiilieation.  The  party  in  fiivor  there  were 
well  known;  it  was  a  little  clitine,  which  Avas,  to  all  intents,  the  local 
government  of  the  comity.  Coming  lo  Kings ;  there  were  three  mem- 
bers Ibr  that  county  who  generally  acted  with  the  majority  in  the  House, 
and  one  who  was  generally  arrayed  against  it.    Did  they  find  those  three 


M'\ 


IJESPONSIBLE  G0VEI1NMENT. 


237 


liaviii;j;  iiifliK'nco  in  tlio  coiiiily?  No,  (liat  would  he  at  varlaiu'o  with  llio 
system;  but  tlm  mcinhcr  (if  tlu-  Kxcciitixc,  Council  wa-;  llir  man  who 
stood  sujicrior  in  such  mattcis  to  th(' otlici-  tlnvc.  To  com o  to  Hants; 
suppose  that  ]Mr.  Cloudjr(!  or  Mr.  ^rcIIcH'y,  or  INIr.  Smith,  happencil  to 
ri'pirscnt  a  county  in  I'aijfland,  would  not  llicy  liavc  inliucncc  in  th(( 
jrovcrnnieni,  whih;  tlu!  party  who  stoo(l  in  (i[i[iosilion  to  them  would  ho 
excluded,  to  a  certain  extent,  until  il  urcw  up  lo  he  the  majority?  Uiit 
liow  was  it  here?  He  would  answer,  Iiy  alluding  lo  what  he  himscir  re- 
cently remarked  to  some  of  his  own  con.-.tilucnts.  He  told  them,  if  they 
wanted  ollice,  they  should  connnencc  ahii>iM<r  him,  and  should  vote 
a,t,fainst  him  whenever  they  got  the  opportunity-.  lie  y^av(!  that  advice, 
and  thonglil  it  only  fair  to  do  so.  He  might  thus  proceed,  .-howing  that 
the  minorities  of  the  counties  governed  them  —  that  the  cone  was  in- 
verted—  that  the  sugar-loaf  stood  on  the  small  end,  and  that  the  whole 
system  was  honey-eomhed  and  rotten  to  the  core.  It  might  struggle  on 
a  little  longer;  the  House  juight  not  sjuiction  (hat  which  he  was  about  to 
propose,  but  he  was  as  satisfied  that  the  slate,  of  things  coidd  not  long 
exist,  as  he  was  that  hi'  then  hail  a  seat  in  tiiat  House.  He-  was  sati-iied 
that  the  dissatisfiiction  of  the  ])opnlation  woidd  ]iroceeil,  until  the  good 
old  liritish  practice  was  inti'odueed,  oi'  allowing  the  majorities  to  have 
their  legitimate  influence!  on  government,  while  the  minorities  were  left 
to  shake  the  measures  of  their  op[)onents,  and  to  turn  them  out,  when 
they  themselves  arrived  at  sullicient  consequence. 

7iVso/*W,  That  it  is  the  opinion  of  this  connniltee  that  the  House  of 
Assend)l3',  after  mature  and  calm  deliberation,  weai'y  of  seeing  the  reve- 
nues of  the  country  and  the  lime  of  its  rei)i"e>enlatives  wasted,  the  people 
of  Xova  Scotia  misrepresented  lo  the  sovereign,  and  the  gracious  boons 
of  the  sovereign  mari'cd  in  their  transmission  lo  the  people,  do  now 
solemnly  declare  that  the  Executive  ("oinicil,  as  at  pre>ent  constituted, 
does  not  enjoy  the  confidi.'uce  of  the  Connnons. 

That  was  a  i'air  endeavor  to  carry  out  the  views  which  he  entertained; 
it  aimed  at  tliat  which  was  recommended  by  the  Eai'l  of  Durham  ;  it 
was  in  accordance  with  the  ojiinions  exjire.-scil  by  ^fr.  IMacaiday;  it  was 
that  which  was  shown  to  be  just  and  necessary  by  3Ir.  AVilkins.  It  was 
a  fair,  manly  stej),  and  nidess  some  such  resolution  passed,  they  eonld 
not  grapple  as  they  ought  with  many  questions.  Supposing  the  object 
to  be  good  in  itself,  they  had  to  impiire  was  it  constitutional,  was  it  Urit- 
ish  ;  could  the  House  be  justified  in  seeking  it;  was  it  sanctioned  by  ihe 
mother  country's  j)raetice,  and  the  maintenance  of  her  supremacy? 
There,  when  the  members  of  administration  Ibiind  that  they  were  not 
supported  by  the  general  body  of  the  people,  they  yielded  their  situation 


'iiv; 


un 


tiM,! 


■>  Wi    '' 


I'Kv^ 


,(  ■, 


'i  ;ri  u 


■'  '  i; 


t 

23  S 


ni:sroNsn;Li:  covkunment. 


iiilo  other  liiinds,  and  he  ('(nild  not  luit  rcLrnt  ilial  the  Kxrciitivc  Council 
now  cxistinir,  iintl  tlinsc  ol'  I'orni'T  years.  Iiail  not  at  times  acted  in  llie 
spiril  (if  tiie  l'.i'iti>li  |iraelice.  He  i'ec(dlected  oecasidiis  in  wliieli  lie 
coidd  not  liMt  feel,  tliMt  it'  lie  were  in  the  sitnalion  of  any  one  of  those 
jrenthinen,  nolhin;;  would  induce  him  to  sit  another  day  at  llie  lioard,  in 
hosiilily  lo  the  spirit  of  the  |io|iular  Iiody.  Durin;^  last  session,  wliei\  an 
enemy  was  on  the  confines,  and  the  Assenihly  came  forward  like  a  hand 
of  hr(»thei's  —  when  all  a])|ieared  as  one  man  —  lie  said  to  the  honoi'ahlc 
pciilleman  for  the  town  of  llaliliix  [.Mr.  liell],  "Now  wonld  he  tln'  time 
lor  the  I'Aecntivo  Council  to  act  with  that  mafj;naniinity  whicii  wouM  do 
them  honor;  to  say  to  the  Assendily,  yon  have  all  sMpported  the  general 
•:;overnn)ent,  have  maintained  the  loyally  of  the  people,  have  acted  with 
spirit  and  lilierality;  in  heaven's  name,  then,  let  us  hreak  down  all  bar- 
riers Avliich  have  hitherto  divided  us;  throw  in  stu-h  a  lunnber  of  your 
members  into  the  Council  as  will  make  all  htirinonizo ;  let  the  foreign 
inva-ion  lie  the  signal  of  peace  and  harmony  throughout  the  country." 
II' he  had  been  one  of  that  boily  at,  the  time,  nothing  would  have  iuduceil 
him  to  forego  that  opportunity,  liut  llio  time  went,  by  unimproved,  and 
those  who  votecl  the  money,  were  le.'t  without  any  inlluenci'  or  voice  in 
its  expenditure.  The  time  passed,  and  the  same  system  I'cmaiued,  to 
annoy  throughout  the  sunnuer;  the  same  to  meet  the  House  in  the  dis- 
cussions of  (hat  ilay;  the  sami'  s|)irit  of  extdusivenciss,  the  same  o|)posi- 
lion  to  the  views  which  the  House  urged,  and  which  he,  hoped  they 
would  urge  iMilii  successful. 

liut,  admitling  the  end  sought  to  be  desirable,  it  might  be  asked,  was 
the  mode  Ih'ilisli?  He  would  (pu)te  the  case  of  Mr.  Pitt,  as  illustrative 
of  this  subject  —  it  might  be  thought  an  unfortunate  one  to  (piote,  as  IMr. 
I'itt  retaini'd  ollice  for  some  time  in  oj>posiliou  to  the  voice  of  the  Coin- 
luous.  but  he  would  explain  that  as  he  proctM'ded.  In  ]7<S  t,  ]\Ir.  Pitt 
was  in  a  minority,  and  31 1-.  Fox  was  leading  the  opposition.  I'itt  was 
supported  by  the  court,  and  retained  his  position;  the  conse(pieuce  was 
tJKit  the  Conunons,  on  motion  of  ]Mr.  Coke,  ]ias.sed  the  following  resolu- 
tion :  — 

"That  it  is  the  opinion  of  this  House,  that  the  continuance  of  the 
]pi-e>ent  ministers  in  their  ollices,  is  an  obstacle  to  the  formation  of  such 
an  administration  as  may  enjoy  the  conlidenec  of  this  House,  and  lend  to 
liut  an  end  to  the   unfortunate  divisions  and  distractions  of  the  country." 

He  would  now  quote  some  })assages  from  the  sjieeclies  of  ]Mr.  Fox  on 
the  sidiject.  licferring  to  a  proposition  tiir  a  coalition  with  jMr.  I'itt, 
lie  said  :  — 

"He   j)rotested   that  every  other   oonsideralioii  was,  in  lii.s  oi)uiion. 


m 


%. 


r 


•    l;  il 


nEsroxsiiu.K  covkrnmknt. 


239 


llic 

IK'll 

H  to 

on 
Mlt, 

ion, 


(riviiil  jiiid  ol' no  \vci;xlit — tliiit  no  ^ncrilicc  \vii<  (on  p;  re  at  to  lie  nircrcd 
;U  swell  il  i-liriin'  ;  nml  llial  ln'  would  1:0  any  Ifii.t^tlb'  willi  jiiiy  man  wlio 
woiilil  sliaki'  Iiaiids  willi  liini  in  llil-;  (nily  jilDrioii-;,  truly  |ialriotii',  ami 
tnilv  foii^tiliilioiial  LMoiiiid  ;  and  In'  ua-i  rrady  to  own,  lliat  tlic  ri^ht 
li()noraI)l('  j^ciiticnian  liad  always  a|>|n'arr(l  tn  liini  as  aiinini;  at  the,  saini; 
"ircal  anil  dcsiraliN'  olpjcct. 

'•  As  on  this  snlijcfl,  liowcvcr,  li<'  wi.-licd  to  ('(inccal  nolliinir,  ln'  would 
f^ay  tli<'  only  siispicioM  In-  tntcrtaincd,  and  wliicli  had  oi'ii^inatcd  ia  tlm 
mode  Iiy  which  ihr  rii^hl  honorahic  ircnlh'inan  ohiainrd  and  kopl  posses- 
sion ol"  ])owi'r,  was,  that  he  •■nlrrtaiiii'd  an  opinion  that  tin-  crown  niiLrht 
appoint  a  niiaislry,  and  pcisi-l  in  snpijoi'iin;;  lhcni,who  had  not  the  con- 
(idcMcc  of  (he  House.  He  wi>li('d  lie  laiudit  find  the  suspicion  ill- 
founded,  hut  he  dreaded  to  lind  il  tfue;  lor  then  a  luiion  on  such  a  pi'in- 
cipie  was  iinpossihle.  Il  went  lo  dcpi'ive  this  country  oi"  an  executive! 
frovei'unient  in  which  iIh'  people  Imil  any  concei'u,  o\ei'  which  they 
could  exei'cise  any  control.  All  ihe  iiislanees  of  vittiui^  money  was  on 
a  pi'ineiple  of  coulidence.  The  niiui-tei-'s  inilui'u<'e  iu  the  llouso 
(h'pended  on  what  con!iden<'e  lliey  had  iu  hiiu  ;  h(!  was  their  trustee;  (o 
tlieui  he  was  re-ponsilile  i'or  every  article  of  puhlic;  ex]tendilure." 

In  l-aiuland  it  was  not  considereil  necessary  Ihal  the  I'arliani'ait 
.should  ]n'i'i'er  eharp's  against  the  niini.-lers  to  cause  their  retirement, 
ir  the  House  oi'  ("omiuoiis  ehanticd  ils  mind  couceruinj;  the  policy  ot' 
the  ])arly  iu  power,  the  ministry  had  to  yield  to  the  pressure,  iuid  make 
room  li>i'  others  moi-e  consonant  wilh  the  popular  views. 

Thus,  (he  clashinir  between  ih.e  Assend)ly  au<l  the  executive,  so  com- 
mon iu  the  cf)lonies.  was  jilinost  unknown  iu  England. 

'•  Hai'inony,"  said  Mr.  F(j\,  •'  niidered  all  the  branches  of  tin  IJrilish 
Legislature  one,  and  renilere(|  ils  ()|)ei-ations  elleclual  and  consistent. 

•'Had  not  a  majority  of  the  House  of  Commons,  almost  fix)m  time 
innnemorial.  governed  this  country'''  AVas  it  not  a  eonlidenee  in  the 
lloir-e  of  Couunons  ihal  gave  energy  and  ell'ect  to  every  administra- 
tion';' AVas  it,  not  the  couulenance  and  concurrence  of  the  House  of 
Coimnous  which  gave  popularity  and  stability  to  the  throne?  Was  it 
not  in  clashing  wilh  this  radical  and  ])rimary  ])rinoiple  that  80  many 
calamities  had  happeneil  in  some  of  the  reigns  prior  to  the  llevol'.ition '? 
AVas  il  not  to  the  influence  of  this  principle  that  we  owed  all  the  glori- 
ous and  memorable  things  that  had  been  achieved  during  the  war  before 
last  'i  What  could  b(>  the  reason  for  ri'limiuishing  a  principle,  which, 
ever  since  its  prevalence,  has  been  marked  with  the  most  striking  ailvan- 
tages." 

INlight  he  not  ask,  "  what  could  be  the  reason  for  relinquishing  a  prin- 
ciple "  in  the  Colonies,  so  highly  prized  at  home? 


U' 


M  ■,  ■ 


• 


i*'l 


\l  i-- 


.!      ■    i 


210 


iJKSrONSllll.i;   (.'OVKUNMliNT. 


l\Ii".  \\>\  ((iiilimicil  :  — 

'•  Ilr  trii>lc(|  llic  llrniiii'-s.  ilic  iniiLMi.'iiiiniily  of  thiil  xirtiioiis  Mini 
rc^pccliililr  iiiiiinrilv,  wlio  li,'i<l  irniii'  XI  I'nr*  and  dtnir  ><•  iniirli.  would  not, 
(Icx'il  llirni  on  llii-  <'iilii';d  ;niil  Irving  <iccM<ioi\.  I  If  Ini-lcd  liny  would 
lari   ilic  dilllcidlii's  liny  liiid   lo  cncoinilrr.  wiili    rc-uliilioii  and   iliixnily." 

'Dial  apjiral  lie  Irll  lie  niiulil  r«'|>ral  to  llir  inajoi-ily  who  had  >o  luii^ 
Mclrd  with  liiin,  and  done  so  ninch  lor  thoii'  counli-v. 

"That  it  had  cmi-  hrcn  an  r-iahli-hcd  and  nndcrsiood  niasiin.  (hat 
niini>l<'i's  oiiL;ht  not  lo  iiinain  in  oHiri'  who  liad  not  the  ('onlidrncc  of 
thai  House,  was  lo  lie  jirovcd  hy  a  n  rci-cnci"  lo  the  most  rcniolc  |ii'i'iods 
of  oni'  history.  So  loni^  aiio  a-  ihr  fciLiii  of  llcnry  l\'.,  wlicn  llni 
iialMi'c  of  our  ConslitMiion  was  Imt  lilllc  known,  an  ap|ilifalion  had  lircii 
made  to  thai  nion;inh  IVoni  rarlianwnl.  t()r  thr  removal  of  cci'tain  of  lii.H 
ministers;  when  Henry,  wilh  the  >|iirit  of  a  lii'iti-ii  kinir.  Ii.'id  said, 
*  lie  knew  no  eairse  wliy  they  should  he  reinoxcd,  I>ul  only  hecaust! 
they  were  haled  hy  ih"  peojde.  Yet  he  eliarired  iheni  li>  depart  from 
liis  liiuise,  ;i('<'ordinLr  'o  liie  de-ire  of  llie  ('onunons.'  This  answer, 
uliii'h  would  lia\i'<lone  honor  loa  monarch  in  more  modern  times,  when 
the  con^lilnlional  privileges  of  thai  llou-e.  a-  the  represenlative  of  th(! 
Commons  dl'  I'aiLZ'land.  were  mi  nnieh  heller  niidi'rstood,  clearly  exineeil 
liow  esseiuial  it  had  ever  heen  considered  thai  there  shoidd  exisi  a  nm- 
(nal  eonlidence  lictween  that  House  and  the  ministei's  who  were  intrusted 
with  the  l'-\(H'utive  (lovernmeiit." 

He  rea<l  the  extract  to  show  that  nothinii  appi'ared  in  the  resohitioiis 
thai  was  not  <'ouiitenanced  hy  the  MuLrlish  praclic<'. 

'•The  Hou>e  i^l'  ('(unmons  conse(|ui'nlly  \vere  possessed  of  the  power 
of  pmiini;-  a  ne;:ative  on  the  clidiee  of  ministers;  thi'y  wei'c  stationed  as 
s^euliuels  hy  the  pcoide,  to  watch  over  whatever  could  mor(!  or  less 
renioiely  or  nearly  allect  their  interest  ;  so  that,  whenever  they  discov- 
ered in  those  Mominalcil  hy  His  3IaJe<ty  to  the  st>V(>ral  trreat  ollices  of 
stale,  waul  oi"  ;d)ilily.  want  of  weight  to  render  their  sitinilions  respec- 
tahle.  or  want  of  such  principles  as  were  necessary  to  irive  eflect  to  thn 
wishes  of  the  House;  in  any  or  all  of  such  ca-^es,  they  were  entilled  to 
ad\i>e  His  [Majesty  airain-t  employing  such  persons  as  his  I'aithfid  ("om- 
inous could  not  trust.  'J'hey  would  then  say  to  such  ministers,  and  say 
it  with  the  Lrreatest  ])ro|)riety,  '  We  admire  your  ahililies,  we  love  your 
virtues,  and  we  wish  your  politics  were  of  a  sort  to  excit(^  our  admira- 
tion mid  conciliate  our  eonlidence  ;  hut  your  system  is  inimical  to  tin; 
object  we  have  most  at  heart.  "We  wish  to  increase  the  weight  of  the, 
people  in  the  Constiliition  ;  your  object  is  to  lessen  their  weight.  Wo 
are  anxious  to  establish  a  strong,  an  ellicient,  a  nnited  ;idministratioii ; 
you  endeavor  only  to  preserve  one  which  possei«sc.s  none  of  all  these  quali- 


im;si'()Nsiiii,i;  <;()vi:iiN.Mi:NT. 


'Jll 


m 


•     (I 


lower 

iictl  as 

|r   li'ss 

isi'ov- 

/(•s  of 

-pce- 

Ito  llio. 

Ilcil  to 

Coiii- 

|(1  say 

yoiii" 
iiiira- 

()  the 

l>l'  the, 

Wc 

jitioii ; 

[uali- 


tie-;.  A\  <•  would  litiiml  an  <\('nili\('  ^oviiniiiriit  <»ii  |iiil)lii',  npni,  ime- 
(|uiv<H'al,  rr-|)(msil)ilil)'  ;  }(>ii  an-  t'liileavoi'iii;^,  in  its  room,  to  |iei'|M'iiiate 
!i  cahal.  \N'e  as-(  it  the  eontrol  of  Parliament  whenever  the  ^emial 
inlei'e>l  reipiire-;  (heir  inlerrerenec  ;  yoii  are  attached  only  to  what  yon 
inia,u'ine  is  tlie  inde|irnilenee  of  llir  |irero;.'alive.  In  .>horl,  we  are  the 
(Vieniis  of  thi'  |ieo|d(';  they  made  n:^  what  wi-  are;  to  them  we  are 
aeeoiinlaldi' ;  and  for  thiin  as  lai-  as  the  ('on-lilnlion  hears  ns  out,  w(! 
will  act  ;  Iiut  yon  avow  sentiments  ,-o  materially  ami  flatly  eontradielory 
to  these,  that  we  are  lioimd  in  dnty  to  withhold  from  yon  that  eoididence, 
which  yonr  avow<'d  allaclnnenis  and  opinions  nmst  inevitahly  lead  you 
(()  alnise.'  " 

In  liie  re--ohilions  hciore  lln'  committee,  the  nienJiers  of  tin;  Mxecti- 
li\f  ( iovernniiait  were  not   attacked  a^   indiviilnaN,  Imt   complaints  were 

made   that  they   were   inllnen I  l>y  principles   juid   I'eidin^^^s  which  were, 

not  in  harmony  with  those  of  the    cpri'>enlalives  of  the,  conntry. 

Mndin;;-  ihi'ir  lirsl  remonstrance  inellecinal,  the  ("onnnons  |iassed  an 
iuMi'ess,  a  siniile  para,^raph  of  which  wouM  -how  that  thi.s  resolution  did 
not  ,i;ii  lieyoiiil  il  in  >lrenL;lh  ol"  laii.L;;na;{e  :  — 

"'I'hal  as  Hi-  .Majesty's  faithful  Commons,  upon  the  inatiu'cst  delihcr- 
ation,  cannot  hut  eon.-ider  the  continuance  of  t]\r.  in-esenl.  ministers  as 
an  insin-monntahle  ohsiade  to  His  Majesty's  most  ;^raci<»ns  jairposc!  to 
('oii\ply  with  their  wi-lie-.  in  the  foi'mation  of  such  an  administration  as 
His  ^faie-ty,  in  eoncin'rence  wilii  tin'  nnanimons  resohilion  of  this 
I  louse,  seems  to  thiidv  I'cipiisile  in  the  present  exi;ieneies  of  the  coiuitry; 
they  feel  themselves  hound  to  remain  lii'iu  in  the  wish  e.\press<'(l  to  His 
Majesty,  in  their  late  hmnhle  address;  and  do  therefore,  lind  themselves 
obli;[;ed  a_u,ain,  to  heseech  His  Majesty,  that  he  would  he  ^^raciously 
j)leased  to  lay  the  foundation  of  a  stron,!^  and  stiihle  government  hy  the 
l)revious  removal  of  his  pre>eiil  ministers." 

That  was  the  way  that  such  matters  were  j)ressed  in  (he  mother 
country.  Such  a  course  was  not  followed  of  late  years,  for  tin;  hest  of 
reasons  —  iIk^  ministiy  did  not  re(|uire  such  maiiilestations  of  feeling; 
they  not  only  retired  when  louml  in  a  minority,  hut  sometinuvs  while  they 
fommanded  a  small  majority,  hut  I'elt  the  opposition  formidahle.  Pitt 
continued  to  hold  the  reins  of  government,  because  he  and  the  sov(Teign 
believed  that  the  peojjle  were  in  I'avor  of  his  administration,  although 
the  Hous('  of  Commons  for  the  time  being  were  not.  At  the  <lissohition, 
they  obtained  a  majority,  but  if  they  had  not  they  nmst  have  yielded. 
And  in  this  eounfr}-,  if  the  Executive  should  think  that  the  House  did  not 
truly  represent  the  peojde,  and  that  an  appeal  to  the  constituency  would 
materially  change  th(i  politics  of  the  House,  then  it  had  a  right  to  resist 

21 


mi 


-i- 

:       .,  . 

■ 

■^  rt: 

■'■ 

I 

h 
1 

'""V;        '    ' 

■i 

I 

I', 

i 

\   I 


|V.iii 


ImM 


:f|v 


242 


KKSPONSIlJLi:   (JOVKIiNMLXT. 


'r 


i  -;'       I' 


i  ir 


tlio  |)r('-isiin\  to  liuld  till'  |t(i«itinM  of  Mr.  rill,  ninl  (u  test  tli(>  m.'Utcr  hy 
a  ilis.><»liili(»ii  ol'llii-  limine.  Dill  ;iiiy  man  wlm  kinw  llii'  cniiiilry  —  who 
IvcoUcctcd  lliMt  tlirrc  were  III)  rollcii  liiiniii;.'Iis  here  Id  ii(';.'ali\t'  tlit'  |i()[). 
lilar  voice  —  IhUcvc  llial  iiiiy,  cxn-iil  very  Irilliii;,'  riian-ii's  wmiltl  arise 
from  11  »li>-()liiti(iii  ol'  ilic  llou-ir?  Tliry  cfiilil  nol.  In  MiiLiianil  iIk' 
country  ua-^  in  favor  of  .Mi-.  I'ill  ;  if  il  wiis  not,  neither  lie  nor  llic  crouti 
C'onlil  liave  ke|)i  in  ilial  parly  for  a  day.  Tlie  House  was  in  the  position 
to  ffive  tiie  adviee,  inchided  in  tlie  re>oInlions,  to  the  jiovernment,  and 
the  ^overmneiit  was  liound  to  earry  il  out,  except  thi'y  should  tliink  tiuit 
an  appeal  to  tlie  peopli'  would  heller  lln'ir  coiidiliou.  jle  uiijjlit  he 
nsketl  why  he  pressed  the  mallei-  in  this  mode,  iu-tead  of  hy  an  address 
to  tlic  crown)'  The  rea-ou  wa-,  that,  fortunately,  circumstances  had 
chanjied  receutl}  ;  there  was  now  no  occasion  to  proceed  hy  adilre,-s  to 
Her  iMajesly ;  the  CJoveruor  of  the  rrovinct;  had  the  [jower  to  allonl 
the  remedy  sou^dit.  It  was  oidy  necessary  for  that  Asseinldy  to  phice 
its  opinions  on  recoi'd,  ami  the  ( iovernor  would  he  hoiuid  lo  act  on  them. 
In  proof  of  this,  he  would  linn  to  llu;  di-patch  of  I^ord  .John  Russell, 
and  ti'ouhle  the  House  with  an  extract:  — 

"  You  will  understand,  and  will  causi'  il  to  he  maile  jirenei'ally  known, 
that,  lierealier,  the  temu'e  of  Colonial  ollices  ludd,  din'inif  Her  iMajesty's 
pleasure,  will  not  be  regarded  as  e(juivalenl  to  a  temire  during  good  be- 
havior; but  that  not  only  such  ollicers  will  be  called  upon  to  retire  from 
the  public,  service  as  often  as  any  sunieieul  motives  of  puldie  policy  may 
suggest  the  expetliency  of  that  measure,  but  that  a  ehange  in  the  person 
of  a  Governor  will  be  considered  as  a  sullicit'ut  reason  tor  any  alterations 
which  his  successor  may  deem  it  expedient  to  make  in  the  list  of  public 
functionaries,  subject  of  course  to  the  future  confirmation  of  the  sovereign. 
These  remarks  do  not  extend  to  judicial  oflices,  nor  are  they  meant  to 
apply  to  places  which  are  altogether  ministerial,  and  Avliich  do  not  de- 
volve upon  the  holders  of  them  duties,  in  the  right  discharge  of  which 
the  character  and  policy  of  the  government  are  dii'ectly  eoueerned." 

That  did  not  provide  for  the  continuance  of  officers  during  good  be- 
havior, but  made  a  change  consequent  on  the  pco[)le  fancying  that 
mischief,  not  good,  was  the  result  of  the  executive  policy.  Judicial  of- 
fices were  not  to  be  meddled  Avith,  and  his  resolutions  did  not  attempt  to 
touch  any  of  the  judges,  or  to  affect  any  of  the  settled  tribunals  of  the 
country.  Heaven  forbid  that  those  should  be  ever  disarranged  —  that 
they  should  ever  depend  on  a  vote  of  the  House  or  on  the  will  of  the 
crown.  The  character  and  policy  of  the  government  was  the  touch- 
stone, and  they  did  not  seek  any  other.  After  enumerating  the  officers 
who  were  to  be  affected  by  the  dispatch,  the  Colonial  Secretary  went  on 
to  say :  — 


m 


Ri;SPONSinLi:   COVEnNMENT. 


13 


may 

lions 
)iiblic 
L-ign. 
it  to 
(le- 
.'liicli 

be- 
that 
al  of- 
ipt  to 
the 
that 
the 
jiich- 
lioers 
lit  on 


'•To  tlii»  li»t  of  |nil)li(;  riiiHtioiiaries  must  also  he  aiMiil,  ihr  iiicinhcr-i 
nl'  ihr  Coiiiiril.  i«|M'cially  in  tho-r  ( 'dIoiiun  in  whit'h  the  Le,L'i«hilive  ami 
Kxeciitivo  CuiinciU  arc  ili<tiiict  IkhHcs," 

"What  was  lh«!  motive  of  the  House  l»iit  (hie  refrard  for  the  piihlic 
gooil  i*  And  wliy  was  the  imlthe  piod  involvcil  in  lln*  (in»'<li()n  ?  Ilc- 
eause  the  House  ami  tlii'  C'ouneil  were  (»|i|i(i-rd  in  many  nnasnifs,  and 
th«'  harmony  whieh  seemed  essential  to  ihc  |)nhlir  welfare  could  nni  he 
olitaincd  under  present  circnn^taiu'e-i.  In  ailditioii  to  the  dispatch,  a 
circular  hail  appeared  in  Xew  llrunswick.  from  Sir  .lohn  Harvey;  and 
lie  would  here  say,  that  he  did  not  think  there  was  ever  a  (lovernor  in 
a  liritidi  J'rovince,  that  entered  more  heartily  into  the  vii'ws  of  the* 
fjovernment  which  employed  him,  and  was  more  desirous  to  do  what  he 
thought  was  for  the  f^ood  of  the  ])eople.  than  Sir  dohn  Harvey. 

Sir  John  at  once  eonlirmed  tlie  view  now  taken  of  the  dispatch,  atid 
imderstood  it  not  oidy  as  inorea«iii<;  the  respotisihility  to  the  crown,  hut 
to  the  people  al-o.  If  His  Kxe(dleney  ol"  New  Urunswick  w;h  ri'iht, 
there  was  a  new  ("on>liliitiou  on  which  the  House  tni^rht  act,  —  on  which 
they  mitrht  take  the  step  pro|)f»sed,  and  thus  test  the  matter,  and  discover 
Avhat  view  was  entertaincil  here  on  the  sidiject,  and  whether,  in  reality, 
it  was  an  improved  Constitution  —  wdiether,  indeed,  on  the  Colonies  have 
been  conferred  the  l.enelits  of  responsible  j^'overnment.  It  struck  him  as 
curious,  that  tlm  dispatch  was  received  in  a  neighborin;:;  Colony  as  a 
new  Constitution,  and  thai  a  circular  on  the  subject  was  sent  to  the  of- 
ficers of  government,  mul  was  published  in  the  Royal  Gazette,  while  in 
Nova  Scotia,  as  far  as  the  public  had  the  means  of  Judging,  no  notice 
had  been  taken  of  the  document.  He  could  not  but  regret  that  the  ex- 
ample of  Sir  John  Harvey  had  ncjt  Ih'ow  i'olloweil  here,  and  that  they 
had  not  got  some  clue  to  the  views  of  the  Executive.  He  did  not  wi-h 
to  assert  any  thing,  nor  even  to  insinuate,  but  to  show  the  supposition 
which  seerecy  led  to.  Suppost;  that  instead  of  a  circular  recommending 
the  dispatch  to  notie(\  similar  to  that  of  Sir  John  Harvey,  the  executive 
government  here  had  forwarded  a  remonstrance  against  it,  might  not  that 
have  been  done?  For  all  that  the  Hou-e  knew,  might  not  the  dispatch 
have  been  resisted  on  the  very  threshold.  In  this  Province.  It  appeared 
to  him  that  the  House  could  not  continue  satisfied,  without  testing  that 
new  Constitution,  —  without  trying  whether  it  really  were  obtained.  His 
opinion  was  that  the  dispatch  did  give  responsibility  ;  that  it  bestowed 
all  that  was  recpiired  by  those  who  thought  with  him  on  the  subject. 
In  England  there  was  no  law  by  which  ministers  were  bound  to  leave 
oiTicc ;  the  Commons  had  nothing  more  than  the  Assembly  would  have 
if  they  passed  the  resolutions  proposed,  and  if  they  should  be  acted  on 


III 


i\ 


t 


i4'.. 


•!   ;i 

•i:    ■*.''' 

'.          '■''.'     ' 

1  ■,  ' 

h 

I  .-iUM 

M 

244 


RESPONSIBLE  GOVERNMENT. 


J'' 

m 


it' 


by  tlio  local  pov(>rnmciit.  Tf  the  ro^olutions  passed,  ami  if  a  good  gov- 
oriiiiu'iit  (bllowcd,  as  lie  lii-Iicvc(l  it  would,  tlicu  an  riid  would  be  put  to 
that  warfare  between  the  liepresentative  Iiraucli  and  the  Executive,  wliieh 
had  existed  since  liis  eliildhood. 

Tile  position  in  which  the  TIouso  had  been,  eonld  be  readily  ilhistrated 
by  a  rele-rencc  to  the  history  of  .some  of  its  members.  lie  might  tell 
the  House  that  their  8i)eaker,  for  a  number  of  years,  fiom  his  talents, 
and  eloquence,  from  the.  number  of  his  friends,  and  his  length  of  services 
as  u  representative,  at  one  period  representing  three  counties  at  a  time, 
was  in  a  {losition  to  have  as  much  weight  and  as  extensive  influ- 
ence as  any  man  in  Nova  Scotia ;  but  was  that  his  exjieriencc  ?  The 
reverse  was  notorious ;  and,  alter  the  brandy  debate,  in  which  he  op- 
posed a  minority  of  three,  had  he  not  to  go  once  or  twice  to  England 
before  he  could  secure  that  which  had  become  his  right,  —  the  very  oflice 
which  he  now  holds?  Although  he  was  the  favorite  representative  of 
Pietou,  and  to  some  extent  of  the  Avliole  Province,  one  or  two  persons  in 
that  town  could  bv'  pointed  out,  wlio,  though  only  a  few  weeks  in  the 
country,  had  had  more  influence  than  the  speaker  in  his  palmiest  days. 
He  might  tur*;  to  the  exami)le  of  one  who  had  chosen  a  path  more 
smooth  and  flowery  than  that  of  i)olitics,  —  the  late  member  tor  Annap- 
olis, JNIr.  Ilaliburton,  —  and  what  was  his  experience  ?  That  gentleman, 
while  in  the  House,  was  in  hostility  to  the  government  of  that  day,  and 
a  certain  gentlemt-n  of  his  C(nnity  enjoyed  all  its  influence,  which  was 
denied  to  one  whom  the  people  had  elected  and  the  House  had  sustained. 
He  was  reminded  of  another  curious  example ;  it  Avas  that  of  Mr. 
Stewart,  now  absent  from  the  Province.  He  at  one  time  was  very  pop- 
ular in  his  county,  and  led  majorities  in  that  House  ;  but  who  had  the 
patronage  of  Cumberland?  Who  enjoyed  the  ear  of  government? 
One  who  was  known  to  hate  that  gentleman  most  cordially ;  he  alluded 
to  the  Hon.  IMr.  IMorse.  He  did  not  refer  to  these  examples  for  the 
purpose  of  exciting  feeling,  but  for  illustrations,  which  those  on  the 
other  side  —  if  there  was  another  side,  and  lie  hoped  on  this  question 
there  was  not  —  would  acknowledge  to  be  just.  Need  he  refer  the  As- 
sembly to  the  example  of  the  late  3Ir.  Young  ?  Who  would  refuse  to 
do  justice  to  the  talents  and  abilities  of  that  memlier  of  the  House? 
He  was  conspicuous  for  intellectual  superiority,  and  was  the  representa- 
tive ol"  a  large  county,  yet  wIkmi  he  made  his  highest  efl'orts  in  that 
House,  and  at  a  time  that  he  attracted  most  admiration  by  his  luminous 
essays  there,  twenty  boys  on  the  streets  of  the  capital  cbidd  be  pointed 
out,  who  had  much  more  iniluence  than  he  could  command.  These 
were  past  illustrations  of  the  system. 


>  ■'! 


llJJO  ? 

intii- 
lliat 

IIOU.S 

In  tod 


RESPONSIBLE   GOVEIiXMENT. 


245 


The  committee,  however,  might  ask,  was  the  course  now  proposed 
safe,  and  Avithont  risk?  lie  acknowhidged  tliat  there  was  one  risk.  i;nd 
lie  warned  tliem  of  it.  Tlicrc  was  no  danger  of  collision  with  the  Gov- 
ernor, in  passing  the  resohitions  ;  they  were  in  accordance  with  fi  consti- 
tutional course,  and  did  not  infringe  any  prerogative  of  the  reitreson- 
tative  of  the  crown.  There  was  no  tear  of  any  collision  witii  the 
Legislative  Council,  for  that  body  was  not  even  alluded  to  in  the  resolu- 
tions. There  was  one  I'isk,  nevertheless,  and  he  would  state  it  frankly. 
There  was  a  risk  that  the  govc'rnnient  might  take  a  stand  in  opi)osition 
to  the  House  —  might  say  that  they  did  not  represent  the  people  of  Nova 
Scotia;  that,  although  the  su[)porters  of  the  resolutions  were  a  majority 
in  the  House,  they  did  not  represent  a  majority  of  the  country,  and, 
therefore,  as  soon  as  the  session  dosed,  the  House  might  be  dissolved. 
That  was  the  risk,  and  the  only  one,  and  he  incpiired  whether  they  were 
prepared  to  encounter  it?  Sliould  he  be  toM  that  the  body  which  passed 
the  Quadrennial  Bill  three  times  were  afraid,  under  that  penalty,  of 
passing  the  resolutions  now  proposed  ?  If  a  dissolution  should  follow, 
he  for  one  would  eheerfidly  appeal  to  his  constituents.  There  might  be 
much  ignorance  in  tlu;  I'rovince,  but  he  believed  that  the  people  well 
understood  this  (piestion.  He  would  prf)eeed  fii'mly  in  the  endeavor  to 
procure  a  good  government,  and  would  say  on  the  hustings,  that  the  ma- 
jority had  done  thi.'ir  duty  as  far  as  they  could  —  that  they  had  made 
what  attempts  were  in  their  [)ower  to  improve  the  institutions  of  the 
country;  and  that  the  ([uestion  was  then  referred  to  the  people,  who 
were  called  on  to  decide  who  were  I'ight  and  who  wrong  in  the  matter. 
He  would  pass  those  resolutions,  if  certain  of  being  thrown  back  into 
private  life.  He  would  rather  do  In?  duty  and  pass  them,  than  be  there 
and  be  afraid  to  pass  them,  though  he  should  sell  his  independence  for 
fifty  seats.  If  he,  indeed,  were  the  agitator,  which  some  declared  him 
to  be,  if  ho  were  disposed  to  perpetuate  evil  instead  ol'  doing  good,  ho 
would  wish  that  not  one  of  the  resolutions  should  pass ;  for  it  was  as 
certain  as  that  they  sat  there,  that  so  long  as  the  present  form  of  govern- 
ment continued,  so  long  would  the  country  be  the  tit  theatre  for  dema- 
gogues, and  would  hold  out  temptations  to  agitators,  which  he  was  most 
anxious  to  remove.  He  looked  for  the  final  settlement  of  measures 
which  caused  discord,  and  for  the  combined  action  of  the  Legiskiture, 
from  which  public  .strength,  and  improvement,  and  prosperity,  would 
proceed. 

He  might  refer  for  a  moment  to  the  charge  of  personal  ambition  that 
would  be  made  against  himself,  as  that  might  be  said  to  bo  his  chief  or 
only  object  in  urging  those  measures.     He  would  answer  before  the 


1  ip 


!t 


)Hi 


if 


..li: 


,'  t 


I   I 


I 


■1  ' 

1 

■  1  iii^.  i 

L, 

ijii 

i]', 


24G 


UFSrOXSIIlLE   nOVERNMENT. 


I  .', 


^ 


ITouso  and  the  ('(niiitry  thai  if  even  lliat  were  llio.  ('as(\  lio  liad  a  riglit 
to  cultivate  propor  niiiliitidii  as  avcII  as  other  iiumi.  ITe  liad  a  rinlit  to 
win  and  to  enjoy  any  ollice  nnih'P  thc^  crown  to  whicli  he  owned  aUe- 
giance ;  and  as  Iomij;  as  he  did  so,  projx'i-ly,  and  without  any  sacrifice  of 
duty,  none  had  a  rijrht  to  complain.  On  a  former  occasion  he  ha<l  been 
ofl'ered  a  seat  in  tlie  Councils,  and,  more  recently.  His  Kxccllency  did 
liim  tlie  Iionor  to  say  that  lie  liad  recommended  liim  to  fill  a  vacancy  that 
had  occiirre(I,  On  ihiit  occasion  lie  feh  I)oimd  to  say,  that  if  he  were 
honored  with  tlu;  (Queen's  mandamus,  he  slu»uld  have  to  return  it,  to  IIi.s 
Excellency,  with  a  public  letter,  stating  that  it  would  be  vain  i'or  him  to 
attempt  to  go  into  any  administration  where  lie  should  have  lo  act  over 
again  the  farce  of  the  honorable!  gentleman  from  YarnKjiith, —  to  be- 
come one  of  a  body  wlio<e  who!;'  current  was  liostile  to  the  wishes  of 
the  lIous(!  which  supported  the  policy  that  lie  avowed.  He  thus  ex- 
plaiu'Hl  to  the  House,  because  he  had  no  secrets  to  conceal ;  lie  Avould 
take  a  seat  anywhere  in  an  honorable  niamier,  if  .sanctioned  by  that  As- 
sembly, but  be  rega.r(led  as  of  the  tlrst  consciiuencc  the  confidence  of 
that  House,  the  respe<'t  of  those  who  liad  so  long  acted  with  liim,  and  in 
whose  hands  he  was  that  day.  He  regarded  too  much  the  manly  hos- 
tility of  th(!  gentl(>mon  who  usually  o])posed  him,  and  whose  taunts  he 
should  meet  and  deserve,  if  he  sold  the  confidence  of  the  Assembly  for 
any  place  of  honor  whatsoever.  He  did  not  say  that  he  would  not  take 
a,  seat  such  as  that  alluded  to,  but  he  would  only  accept  of  the  honor, 
if  liis  acceptance  were  sanctioned  by  the  House,  and  on  the  condition, 
that  so  soon  as  the  House  should  expi-ess  any  want  of  confidence,  he 
would  resign.  Last  year,  when  the  delegation  cpiestion  was  introihiced, 
fearing  that  any  sup[)osition  of  his  wishing  to  be  appointed  would  be  an 
obstacle  to  his  advocacy  of  the  measure,  he  declared  that  nothing  should 
induce  him  to  be  one  of  the  delegates.  If  it  wei'o  necessary  fin'  the 
passage  of  these  resolutions,  he  would  make  a  similar  declaration  that 
day,  and  would  pledge  himself  that  he  would  not  take  any  seat  or  place, 
not  only  under  tlie  ])resent  government,  but  during  his  life.  If  the 
House  desired  such  a  pledge  he  would  give  it,  and  he  only  refrained 
from  doing  so.  because  he  believed  that  they  did  not,  and  that  they  had 
confidence  in  his  integrity. 

He  tru-^led  that  on  this  (piestion  all  considerations  of  jtetty  ambition, 
all  ]>a-t  liickiM'ing  and  all  jealous  feeling,  would  be  merged,  and  that  men 
of  all  parlies  would  unite  to  give  a  Constitution  to  their  country.  What 
signiticil  the  little  distinction  that  the  word  honorable  could  confer;  what 
Avas  the  and)ition  of  filling  even  the  chair  of  that  House,  to  any  Nova 
Scotian,  compared  to  the  honor  of  being  instrumental  iu  coulening  on 


ition, 
men 
■What 
what 
ova 


12;  on 


RESPONSIBLE   (JOVERNMENT. 


247 


his  roiintrv  the  just  principles  of  tlie  lii'ilish  Constitution?  lie  trusted 
that  ('(intentlinp;  opinions  \voukl  be  set  aside  in  passinir  lliis  measure,  and 
tliat  none  woidd  1)((  l()nn(l  i>ei-si.-tin,L^  in  opposition.  Tlic  ari'anirement 
of"  that  important  matter  would  indeed  still  leave  -omt."  ean.-<'  of  slruL'i^lc, 
but  it  would  1)0  the  struirirle  of  parties  to  se<!  which  .-hould  inlltu'uce  the 
discussions  of"  the  House,  and  ()l)tain  the  majoi'ity,  and  act  on  tin!  ;zov- 
ornment,  as  in  I-Jigland.  Where  there  was  mn>[  ot'  ,-uch  discussions, 
there  the  most  active  spirit  of  liberty  per\a(led  the  laud;  liut  then  they 
would  not  luive  to  deal  with  oriiauic  chauLrcs ; — with  the  i'rauie  work  of 
institutions.  The  man  who  builds  a  house  which  satisfies  him,  lias  busi- 
ness to  attend  (o  within  it  ;  and  although  Iw  may  repair  it  occasionally, 
lie  does  not  meildle  with  Its  foundation,  nor  pull  its  IVame  to  |iieces  — 
that  would  be  the  situation  of  that  J.ej^islature  on  the  seiilemeni  of  this 
matter.  Ho  hoped  their  lejrislalion  woidd  lesemble  the  course  of"  a 
mighty  stream,  which  foams  and  (hishes  over  the  obsti'uclious  which  it 
m"ets  in  its  desc<'nt  from  the  mountain  side,  but  when  it  gains  tiie  valley 
sweeps  on  in  maje  ''c  calnmess,  eni'ichiug  and  beautifying  all  ai'ound. 

If  lu-  had  the  el.)(|iienc(;  which  he  couhl  dcsirr,  and  wliicli  was  so 
necessary  for  the  occasion,  and  that  might  lie  mor<'  iullueiuial  in  induc- 
ing the  passage  of"  the  ivsolulions,  he  woulil  have  ac<iiiille(l  himself  very 
differently  that  day.  "Would  that  his  lips  were  loucheil  with  fire  from 
licaven,  which  should  desi-eiid  into  the  liosoms  of  his  heai'ois,  and  there 
excite  u  spirit  of  unanimity  and  patriotism,  which  would  had  them  to 
erect  a  fidu'ic  in  which  their  |io<terity  might  fiml  ample  room,  and  free- 
dom, and  hapjiiness.  If  he  had  tailed  in  his  arguments,  if  the  House 
re(|uired  more,  lie  would  tell  them  to  go  for  them  to  the  mother 
country,  to  nu'rry  Englaiul  —  se(,'  the  veneration  that  is  there  jiaid  to 
\ho  great  names  of  those  who  acliieve(l  ami  transmitted  the  principles 
■which  ho  that  day  advocated.  Let  them  look  to  Iielaud.  and  be- 
hold tho  evils  that  arose  there  from  the  application  of  dilU'rent  princi- 
ples up  to  tho  ailminislration  of  J>ord  Xormanby.  Ibit  iiow,  when  a 
more  rational  system  [lervaded  that  coimlry,  it  not  only  >ent  troo[)s  to 
Canada,  and  ofli/red  to  divest  itself"  of  military  when  tlay  wert^  nee(Icd 
cdsewdiere,  but  even  i)ro])oscd  to  raise  almost  any  numlier  of  men  that 
could  l)e  recpiircd,  flir  the  imrpo-e  of  keeping  in  order  the  reckless  and 
tiu'bulent  in  other  parts  of  the  kingdom.  AVouId  it  not  ])<•  wise  to  settle 
this  matter  for  Nova  Scotia':'  th(,'  other  C(donies  would  fdlow  her  exam- 
ple, and  one  after  the  other  would  adopt  those  rational  and  beneficial  in- 
stitutions. He  would  fe(d  proud  and  liappy  that  the  commencement  of 
these  great  changes  should  l)e  laid  hei'(s  and  that  they  should  extend  into 
all  the  l>ritish  dependencies.     W  he  wished  to  operate  on  their  feelings. 


li 


mm 


■  I: 


I'll 


¥ 


248 


KKSPOXSIULE   GOVERNMENT. 


'4    i; 


IW    f) 


■'I 


and  to  add  (brco  lo  liis  arLnmiciits  he  niijilit  do  so;  lie  might  loll  llicm 
tln'y  liiid  arLniinciits  bciicalli  lla'ir  own  roof's.  Sliould  it  lie  said  tliat  the 
"\viv(.'s  thry  held  to  their  bosoms  only  embraced  tlic  scmliliiiice  of  Uritous, 
—  men  diverted  of  the  iiio>t  vahiablc  I'iirhfs  of  liritish  subjects?  coidd 
they  look  at  tlieir  children,  and  fail  to  aiipreeiate  tiic  position  in  which 
they  might  be  placed  ?  IJcject  the  resohit ions,  allow  the  old  system  to 
continne,  and  wiial  woidd  l>e  the  residl  ?  Their  posterity  would  have  on 
one  side  the  i-eiiellions  of  Canada,  and  on  the  other  the  re|)nblicans  of 
tlie  I'nited  Slates,  while  neither  peace,  nor  s<'cnri 


•}'• 


nor  strength,  was 


vithin  then-  own 


bord 


er: 


Ibit,  if  these  resohilions  wei-e  passed — if  that  ])rccedent  of  good  Brit- 
ish g()\crnnient  were  set  tor  tiie  other  Colonies;  it'  none  could  stand  up 
to  administer  the  government  wilhonl  enjoying  the  confidence  of  the 
country,  he  believed  the  elfecl  would  be  peace  and  prosperity.  Looking 
to  the  results  of  this  state  of  things,  lie  felt  inclined  to  say,  give  us  this 
iioblc!  fabric  —  give  us  what  is  the  dislingnishing  characteristic  of  the 
British  Conslitiuion  —  give  ns  the   lierce  democracy  combined  with  the 


stron<'  executive 


ijive  us  that  under  which  our 


f'atl 


ler.- 


nro- 


pc 


rci 


1  in  tl 


le 


mother  country  —  give  us  that  wbich  was  so  bright  an  example  to  Europe, 
and  which  JOiirope  in  vain  endeavored  to  (Mjual,  and  all  fears  ibr  the  i'u- 
ture  state  of  the  Province  would  be  tlissi[)ated.     In  Kngland  the  princi- 


loi 


irished,  but,  looking  acro.-s  to  France,  what  did  th 


■y  sec 


I.ou 


IS 


riiiUi 


pe  contending  lor  tiie  jirincip 


.h 


)u  which  the  local  goveriunent  of 


Jsova  Scotia  had  been  acting,  and  declaring,  in  practice,  that  he  was  the 
only  minister  in  his  kingdom.     In  ICnglaiul  they  saw  a  little  girl,  Avlioin 


he  was  proud  lo  call  his  sovereign,  wield 


uu 


I  firm  sceptre. 


V^' 


(■re   it 


not  for  the  noljle  constitutional  forms  tiiat  called  her  to  the  throne  —  were 
it  not  for  the  fine  and  manly  feelings  of  the  nation  which  sustained  her 
authority,  what  power  had  that  girl  to  control  the  millions  of  her  empire? 
There  she  lived,  ju'oud,  respected,  ha]>py,  —  fearlessly  walking  the  parks 
and  streets  among  her  people,  —  while,  if  they  crossed  the  channel,  they 
would  >ee  the  [lalace  of  tlie  monarch  almost  in  a  state  of  seige,  his  cham- 
ber surrounded  by  guards,  and  his  metrojiolis  like  a  garrison  in  an  ene- 
my's country.  AVhy  was  this?  Jiecause  that  sovereign  thought  fit  to 
act  on  the  principle  pursued  so  long  by  the  local  government  of  Nova 
Scotia.  If  the  House  felt  disposed  to  follow  the  French  example,  and 
lo  repudiate  the  example  of  their  brethren  at  home,  then  let  them  reject 
the  resolutions.  But  if  they  took  a  different  view,  and  if  all  parties 
came  f()rward  to  give  their  sanction  lo  the   British  j)rincii)le,  and  to  se- 


cure liiat  which  was  tlu'ir  inheritance  as 


Brit 


ons,  111 


what 


position  then 


would  tlieir  iJO^terily  be  ?    The  sympathizers  might  come  from  the  West : 


!fi. 


'  i; 


of 

the 

lom 

c   it 

Avcrc 

licr 

re? 

irks 

they 

im- 

nc- 

to 

ova 

and 

ject 

ties 

so- 
lien 
.'st ; 


RESPONSIBLE   GOVERNMENT. 


249 


the  slaves  iniglit  rise  in  the  South  ;  tlie  Canadians  in  the  North  might 
menace,  but  h't  tliis  Constitution  ha  jtossessed,  let  its  invigorating  and 
heahng  inHuence  pervade  the  land,  and  lie  wouhl  he  inehned  to  say, 
with  Sir  Francis  Bond  Head:  "Let  tlieni  eonie  if  they  dan  ."'  Yield 
this  hooii,  and  half  the  soldiers  might  he  drawn  I'roin  the  ('(donies,  and, 
as  they  increased  in  population,  they  might  strengthen  (heir  form  of 
government,  ■which  would,  like  the  atmosphere,  yield  to  every  necessary 
pressure,  preserve  the  balance  of  lilierty,  and  yet  expand  witii  the 
growth  of  their  posterity  down  to  remote  generations.  If  the  present 
lame  system  were  not  overturned,  there  would  be  no  security;  if  it  were, 
the  present  generation  might  pass  away  when  their  labor  was  over, 
knowing  that  the  boys  who  were  sjjringing  up  to  take  their  places  would 
not  have  these  annoying  struggles  to  endure,  but  would  possess  a  gov- 
ernment not  eclii)sed  by  any  on  earth.  The  republic  might  sjdit  up  into 
fragments,  l)ut  they  would  leav(,'  their  posterity  secure  in  good  govern- 
ment and  saf(>,  although  perhaps  surrounded  by  a  hostile  people.  If  the 
system  desired  had  protected  their  ancestors,  why  should  it  not  be  a 
shield  to  their  children  ?  and  if  it  would,  should  they  not  provide  it  for 
them  with  religious  assiduity  ? 

He  thanked  the  House  for  the  attention  they  had  paid  to  his  long  ad- 
dress. If,  in  it,  he  had  said  aught  that  unnecessarily  grated  on  any  man's 
ears,  he  there  withdrew  the  imintentional  ollenee  before  resuming  his 
seat.  He  looked  on  tluit  ([uestion  as  of  vital  importance,  as  of  most 
"•rave  character,  and  he  would  not  cumber  it  with  arguments  or  allusions 
which  he  did  not  deem  esscsntial  for  its  support  and  illustration. 

The  debates,  which  commonced  on  IMonday,  conii  lined  down 
to  Wednesday  niglit,  by  whieh  tinu'  it  was  admitted  on  all 
hail.  ;,  that  the  existing  system  of  government  was  ntterly  in- 
defcMisibh* ;  that  the  g'  ^  ateh  of  Lord  John  Rnssell,  as  inter- 
preted by  the  Governor  C:loneral  and  Sir  John  Ilarvey,  did  give 
a  new  and  imjiroved  Constitution  to  the  Colonies,  and  that 
Nova  Seotia  onght  to  claim  her  right  to  participate  in  the  ad- 
vantages of  the  Consiitniion  without  delay.  Not  only  were 
these  views  sustained  by  the  large  majority  of  thirty  to  twelve, 
who  voted  for  the  passage^  of  the  resolutions,  but  were  frankly 
admitted  to  be  just  by  the  lion.  Mr.  Uniaeke,  who  withdrew 
from  the  division,  and  by  Mr.  Fairbanks  who  voted  against 
them.  The  debate  thronghont  was  remarkable  for  moderation 
and  ilrmness,  and  the  division  was  of  a  character  not  to  be 
misunderstood. 


ir. 


■ii'  il 


1     !| 
i 

■/■, 


;■'!  h 


H'U 


'  •   J 


■  ■   * 


Ii 


Wi 


11 


,H.,< 


250 


RESPONSIBLE  GOVERNMENT. 


iiiii 


Oil  Monday  at  one  o'clodv,  Ihc  timo  a])pointocl  by  tho  (jov- 
cmor,  the  wlioh;  House  went  up  with  the  resolutions,  and  a 
short  address,  reeomniending  Ihem  to  the  favorabk'  considera- 
tion of  His  Excelleiiey ;  and  received  from  Sir  Colin  Campbell 
the  following  answer  :  — 


'» 


:S 


Mr.  Speaker,  and  Gentlemen  of  the  ITonsc  of  Assemlh/, — The  f-ul>jcct 
3'ou  have  i)ro?cntL'(.l  to  my  considcriition  in  this  {uldrc'.-;:^,  has,  in  nil  es- 
sential rfsju'cts,  b(,'(.'ii  already  hroiiL'Iit  under  the  iiotieo  of  Iler  JMajcsty's 
govcrnmont,  in  resolutions  of  tho  House  of  Assembly  passed  in  its  lust 
session. 

Her  Majesty's  ministers,  after  full  eonsideration  of  the  subject,  and 
personal  conference  with  delegates  trom  your  body,  authorized  to  advo- 
cate your  views,  have  exjiressed  in  the  dispatch  which,  by  Ht'r  iMajesty's 
command,  I  recently  laid  before  you,  the  judgment  to  which  they  had 
come  on  the  matters  of  your  complaints. 

Having  no  reason  to  bi-lieve  that  any  alteration  has  taken  place  in  the 
sentiments  of  Her  jMajesty's  government  in  this  respect,  I  do  not  feel 
myself  at  lil)erly  to  adopt  ain'  other  course  than  to  refer  you  to  the  dis- 
patch already  alluded  to,  as  containing  their  decision.  .Tusticc,  however, 
to  the  Kxeciilive  Council,  leads  me  to  say  that  I  have  had  every  reason 
to  be  satished  with  the  advice  and  assistance  which  they  have  at  all  times 
afforded  me. 

It  has  ever  been,  and  shall  continue  to  be,  my  earnest  desire  to  concur 
in  every  measure  which  appears  to  me  tc  be  conduc  o  to  the  best  inter- 
ests cf  (his  Province. 


'  ;'  n 


On  the  return  of  the  House  to  their  own  chamber,  the  Hon. 
Mr.  Uniaek(!  rost;  and  stated,  that  yielding  to  the  expressed 
opinion  of  the  Representative  branch,  and  being  desirous  of 
facilitating  the  introduction  of  a  better  system,  he  had  thought 
it  his  duty  to  the  House,  and  to  Sir  Colin  Campbell,  to  tender 
his  resignation  of  the  seat  he  held  as  an  Executive  Councillor, 
and  that  his  resignation  had  been  accepted.  He  then  referred 
to  the  attacks  which  had  been  made  upon  him,  by  his  enemies 
and  by  his  friends,  for  his  frank  admission,  in  the  debate,  of  the 
absurdity  of  tho  present  system,  and  the  necessity  for  a  change; 
but  declared  that  neither  should  deter  hiin  from  giving  elUcacy 
to  what  he  believed  to  l)e  the  intention  of  Her  Majesty's  gov- 
ernment, nor  from  gi\ing  his  support  to  the  principles  of  Lord 


I   -    ' 


!;  ! 


RESPONSIDLE   GOVERNMENT. 


25i 


John  Russell's  dispatch,  and  establishing  a  local  government 
that  should  he  responsible  to,  and  work  harmoniously  with,  the 
Representative  branch.  He  then  traced  bade  his  conduct  as  a 
public  man,  vindicating  its  consistency,  but  declared  that,  as 
he  had  supported  tin;  government  against  the  Assembly  when 
he  believed  the  latter  were  wrong,  he  would  not  continue  to 
deny  to  the  peoph;  what  the  govt'rmnent  had  evidently  yielded, 
nor  cont(!nd  further  against  tlu^  House,  when  he  was  convinced 
that  in  principle  they  were  right. 

When  Mr.  Uniacke  sat  down,  Mr.  ITow(;  rose  and  congratu- 
lated the  House  on  the  result  of  their  dcliljerations.  Though  it 
was  evident  from  the  Governor's  reply,  that  there  was  a  major- 
ity of  the  Executive  Ct)uncil  determined  to  cling  to  their  seats, 
and  to  stave  oft' for  a  moment  the  fate  which  av/ai ted  them; 
still,  frt)m  that  hour,  they  might  date  the  establishment  of  the 
principles  for  which  they  had  been  contending,  and  of  a  Con- 
stitution, of  which  no  power  on  earth  could  now  deprive  them. 
The  resignation  of  the  honorable  and  learned  gentleman  from 
Cape  Breton,  did  him  the  highest  honor;  in  fact,  nothing  in 
the  Executive  Council  "  became  him  like  the  heaving  of  it." 
Henceforward,  no  member  of  that  House  could  continue  to 
hold  a  scat  in  the  Executive  Council,  in  hostility  to  the  wishes 
of  the  House;  and  no  uian  could  ascend  the  hustings,  unless 
pledged  to  carry  out  the  givat  principU^s  upon  which  he  was 
liappy  tiiat  the  learnixl  geiitleman  and  himself,  who  had  been 
long  opposed,  now  agreed.  He  j)aid  a  just  compliment  to  the 
vigor  and  ability  which  that  gentleman  had  always  displayed ; 
and  contrasted  his  conduct  with  that  of  the  men,  who,  while 
they  had  relied  upon  him  for  their  defence,  now  wished  to  sac- 
rifice him  in  support  of  a  rotten  system,  which  the  government 
itself  had  abandoned. 

Mr.  Howe,  irritated  no  doubt  by  Sir  Colin  Campbell's  reply, 
gave  notice  that  he  would  move  an  address  to  the  Governor 
General.  On  reflection,  he  moved  for  the  discharge  of  the 
order  of  the  day,  for  gomg  into  committee  to  address  the 
Go  ,'crnor  General,  and  submitted  the  following  address.  He 
stated  that  his  reason  for  doing  so  was,  that  he  was  anxious  be- 
fore proceeding  to  adopt  measures  by  which  a  direct  censure 


iii|il 


WW. 


M 


:»! 


i:  »,.;i 


4   * 

^  ■  ft 


;f 


•■ ' 


Ai>i)iti;s^<  TO  sii;  cdMN'  cAMrr.i'i.i, 


would  !)('  »':isl  iipoii  His  I'Accllciicy  Sir  Colin  ( 'iimphcll,  (o 
r\li;nisl  cNciy  niciuis  williiii  lln'  I'roviiicr  to  til»l;rni  sjilisraclioii, 
\villu>iit  rt'Sdilini;  to  lli;il  iiltriior  slc|),  wliirii  if  tlic  I'Acciilivc 
( 'ouiicilldis  were  (li'lrniiiiictl  Id  piovulxf  il,  imisl  uirnniilrly  Ix* 
;uloi»IC(l.  Till"  I  louse  |i:hI  done  :ill  (licy  could,  in  llic  struifijjlcs 
of  tlii'piist  iDur  years,  lo  save  His  l'l\eelleiiey's  feeliiii^s;  lln'y 
were  disposed  l«)  do  so  slill,  and  lliis  I'urtlier  slep  niiu;lit  be 
taken  as  a  renewed  evidence  ol"  tlial  policy;  it  would  i^Mve 
tlu>sewlio  slill  elun^  lo  power,  in  llie  lace  of  the  deliberate 
condeinnation  of  the  Asseuihly,  an  opportunity  to  rellect,  and 
decide  wiiellier  lliey  wnniil  or  would  not  deterniiiie  llial  the 
(lovern(>r   should  \n'  saerilicccl  to  shelter  thein  :  — 

TO  HIS  i:\('i;m,i:n('V  i.ii.r  pknan  r  (;kni;kal 

SIi;  COLIN   CAMIM'.KLb. 


1   ':l'    '' 

ill' 

iT.:  r  ■, 


fl      :\l 


n     :  i:\ 


Kiiiijlit  CoDniiiiiitlir  iij'  the  Mas/  //"i/iirii/>/c  Mi/i/itri/  (h-ilcr  of  the  Until, 
LIriitniiiiil  iioririiar  iiDil  <\>)iiiniiin!ir-!ii-(^liitl' In  luuf  orrr  llcr  .)fiij- 
I  sfi/'s  Prari/irc  nj'  \<irii  S'i>/i<i.  <iiii/  i/s   Ihittinh  iidcs,  iSv.  Av, 

lur    niAU'.i.i:    auukiss    of     tui     norsi;    ok    i;i;n;i:si;N  rA  rivr.H    i\ 

<;im:i;ai,   Assr.Aira.\  :  — 

Moi/  it  pifiisr  Vn/ir  A'.iV(7/(Vii(y/,  —  We,  llcr  IMiijcsty's  diitiliil  mikI 
linal  siil>i('('l-.  liic  rc|in'<('iilalivi'<  ot'  llic  Proxiiici'  of  Nova  Scotia, 
caanol  iml  ('\pi'<'>s  our  iiul'ciixncd  rcirrcl  at  llic  tenor  (>f  (he  reply,  laatlc 
liy  Your  I'.xi'i'llciicy  lo  llic  rc>oliiiioiis  [la-M'il  \>y  a  la^^'c  iiiiijorily  ol' 
this  lloii<c  on  the  ."nil  inslanl. 

It  i>  tnic.  thai  some  ot'  liic  coniplainls  iiriicd  in  lliose  rcsoliilioiH,  hail 
hocn  pressed  npon  the  altcniion  of  llcr  Majesty's  irovernincnt  in  foriuci" 
ooinninnicMlions ;  hiil  we  hiiinlply  I'oiiccive  that  the  dis[)atch  of  Lord 
dohii  l\u-<cll.  dated  Idlh  of  Ociolur.  and  not  that  of  his  prt'dcccs<or  in 
otlicc.  dated  ."lis!  ot'AnLr'iist.  lo  whieii  Voiir  Lxcellency  refers,  is  ihc  one 
by  Avliieh  all  parlies  in  llie  (\»lonics.  now  and  hereafter,  are  lo  he  jj;ov- 
onied.  We  lielievc  that  that  dispateli,  not  only  gives  to  Your  l"'\c(d- 
loiu'v  the  power  to  remodel  the  Lxcentive  Council,  hut  makes  such 
('lianir»'<  as  arc  roiiuired.  to  insure  harmony  hctwooii  the  executive  and 
legislative  hraiielies  ot'  the  govia-nmcnt.  imperative. 

riiis  House  ar(>  at  ;i  lo>s  lo  conceive  any  "  motives  of  public  policy" 
more  "snllicient  "  to  render  an  application  ot"  the  principles  of  that  dis- 
patch to  this  Province  advisable,  than  the  facts,  that  a  majority  of  thirty 


Cllllil, 

iii;itlo 

iiy  ..r 

had 

i.onl 

<ov  ill 

one 

Slll'll 

aiul 

■u-y" 

dis- 

drty 


AnniJKSM   TO   HIK   COMM   CAMI'lUir,!,. 


or.o 


lo  Iwclvc  (if  iIh'  mciiiliiMM  of  llic  IJcprcsciilativc  hram'li  liav<'  avowed 
tlicii"  want  ol' coiilidciicr  in  ollirrr>,  cxiin'-jsly  n-lfrrcd  In  liy  ilir  Colonial 
StMTflary,  —  llial  tlicy  Iiavc  dcrlarrd  il  inipo-isildf-  lo  di'iA  \vi-^<'ly  willi 
nicasnrcs  ol'  f^nal  iin|ioilan('r  lo  tlic  ;_'ov('rnnu'nt  and  llic  conntiy,  nnlil 
<'(inliili'nf(>  Ix'twccn  llic  I'lNcciilivr  and  llic  Lciri,l!iliii-c  lie  c-liilili-licd  ; 
and  llial,  while  the  only  clli,  iciil  v  |ii'c-cii(allvc  of  tin'  local  ^'ovcrii- 
iiinit.  in  this  lloii-c,  \\;\<  rcij^ncd  hi  cni,  no  man  ol'  any  inlhiciici^  in 
Hii^  Assciiihly  can  he  Iniinil  lo  divno.  |.is  tiilcnl-4  to  the  service  of  tin; 
•fovcrniiicnl,  while  a  majority  oI'iIm'  r.\e|.iiii\e  ('(iinn'il  |i<'rsi-t  in  retain- 
in;^  their  seat>,  ami  Voiir  I'lxccllenry  declines  (o  exercise  the  powers 
ooiilided  hy  l.ord  doliii  l\ii~.-eir>  ili  p,i((!i. 

Il  is  lo  this  Iloii>e  a  snlijccl  (if  deeji  niorlilicatioii,  tlint  while,  in  a 
nci,L.dihorin;i;  I'roviiii'e,  His  Excellency  Sir  dohn  Harvey  reco^ni/es  ihe 
di-palcli  ol"  Ihe  K'llli  ol"  ( )ctoher  as  coiit'erriii'i;  a  new  and  improved  cim- 
sliliition  on  the  Colonies,  and  has  expi-essed  his  determination  lo  act 
upon  il,  —  while  in  (';mada  the  ( iovenior  ( ieiieral  declares  (hat  "he  has 
i'ecei\('d  Ihr  Maje-ly's  cniiiiiiands  lo  ;idmiiii  tcr  the  ^o\criimi'iit  oi'lhesc; 
l*ro\iiiccs  ill  accordani'c  with  the  well  iinder-lood  wi-lies  and  iiilere<ts 
(if  Ihe  people,  and  (o  pay  lo  their  reeliii:.;s,  as  expressed  ihroii'^h  their 
rcprcseiitativi'-;,  the  di'lcreiice  that  is  justly  due  lo  them,"  that  the  people, 
of  i\o\  M  Scotia  are  to  he  treated  wor-e  than  the  peojili!  ol'  New  Uriiiis- 
wiclc  ;  and  that,  under  coxcr  ol'  a  di-pal<di,  wi'illen  hel'ore  the  new 
policy  was  adopleil,  Iiy  a  notileman  who  no  lon;i;er  presides  over  the  Col- 
ouii's,  principles  are  Id  he  applied  to  No\a  Scolia,  whose  alli';^;iaiice  is 
iMisiillied,  less  in  aci'ordance  witii  the  spii'il  and  practice  of  llur  Iiritish 
Constilntion,  then  tlio.-e  which  have  lieen  promnlifated  I'or  the  ^'ovcrn- 
uieiit  of  !i  I'rovince  hut    recently  ai::italed   hy  di.-airectiou  and   reliellion. 

Should  "^'oiir  Ivxcelleiicy,  upon  recoiislderini^  this  snhject,  upon  refcr- 
riiij;  to  the  ( lovernor-denerars  messai^i!  of  the.  Ilth  ol'.Iamiary,  in  which 
lie  declares  "his  earnest  and  anxious  desin;  lo  dischar^(!  Ihc  trust  cotn- 
mitted  to  him  in  accordance  with  lIu;  iirinciples  annoiinci'd,"  still  feel 
compelled  to  disappoinl  the  just  hopes  of  Ihe  people  of  Nova  Scotia, 
this  House  will  l'e<d  nnfci;j;ned  sorrow;  hut,  in  thi;  iiK'antime,  they  trust 
they  need  not  assure  Your  Ivxcidleiicy  of  their  desire  to  pi'eserve  the 
trampiilily  of  tlu;  l*roviiice,  and  t(»  eiisiin;  (li<;  harnioniuus  action  of  tlu; 
dilVcrcnt  hraiichcs  of  the  government. 

This  ruldivss  was  passed,  after  some  debate.  Tlio  ntimbers 
beiiiijj  iweiity-iiiiie  lo  ten. 

The  lesson  was  however  lost  —  the  warning  was  thrown 
away.     'JMie  following  answer  was  returned :  — 

22 


1  .•[ 

imi 

1, 
i 

Hi 


i  •!     1 


!    1 


254 


SIR  colin's  answer. 


m.i,: 


Afr.  Spcaler  and  Gciitknirn  of  (/n;  I/misfi  of  Assenifi/i/,  —  I  hmc 
given  to  this  address  tlio  deep  consideration  to  wliieli  tlio  opinions  of  tliu 
representatives  ol"  llic  people  are  justly  eutillc(l. 

]»y  adoptiii;];  iIk;  course  you  sug,L;est,  I  sli(juld  practically  recognize  a 
riuidainciital  cliaiige  in  the  Colonial  Coiistitulion,  wliicli  I  cainiot  cer- 
tainly (!i,-cii\i'r  to  have  been  designed  by  (he  dispatch  ol' th(;  llight  Ilon- 
orabh-  the  Secretary  of  State  for  the  Colonies,  of  the  IGlh  of  October,  in 
the  iiiaiiiier  and  to  the  extent  supposed  by  you. 

Jm  e.\ei'ci-ing  the  solenni  trust  eoniniitled  to  me  by  my  sovereign,  I 
feel  it  my  duty  not  to  establish  a  i)riMcipl(^  involving  consequences  of 
deep  moment,  on  which  any  uncertainty  rests,  until  Her  Majesty';i 
ministers  shall  have  been  consulted,  and  the  judgment  of  the  (^ueea 
ascertained. 

It  is  therefore  my  intention  innnediatcdy  to  bring  (o  the  notice  of  ITer 
Majesty's  govei'nmenf,  the  addresses  ami  resolutions  you  have  lately 
pas.-ed  on  the  subject. 

Jn  the  meantime,  I  shall  be  coii-tantly  ready  to  yieM  my  concurrence 
to  any  measures  you  may  a<loi)t,  which,  in  my  juilgineiit,  ai-e  calculated 
to  promote  the  welfiire  of  Ib'r  iMajesty's  loyal   subjects,  the   peoph;  of 
this  Province,  whom  30U  re[)rcsent. 

Tlio  pationcc  of  the  rcrormers  was  now  (Mitircly  exhausted, 
and  on  the  return  of  the  members  to  their  ehamber,  Mr.  Hunt- 
ington gave  notice  that,  after  tlie  business  of  the  session  was 
dispatched,  he  would  move  an  address  or  resolution,  requesting 
the  sovereign  to  remove  Sir  Colin  Campbell,  and  send  out  a 
Governor  who  would  carry  out  the  liberal  views  of  the  home 
government.  Messrs.  Young,  Howe,  and  others,  acknowledged 
that  there  was  nothing  else  left ;  if  the  Clovernor  would  not  be 
allowed  to  act  upon  Die  plain  and  evident  construction  of  the 
dispatches,  they  must  take  the  final  step,  however  painful,  and 
establish  the  Constitution.  This  seemed  to  be  the  general 
impression,  and  the  subject  was  dropped,  with  the  understand- 
ing that,  after  the  business  was  brought  to  a  close,  an  address 
to  th(^  crown  would  be  moved. 

We  have  explained  that  Mr.  Uniacke,  the  leader  of  the 
government  in  the  lower  House,  liad  resigned  iiis  seat  in 
the  Executive  Council.  Had  his  example  been  followed  by 
his  colleagues,  there  would  iiave  been  a  reconstruction  of  the 
Council ;  the  power  of  the  House  would  have  been  asserted 


Illlg 


lot  be 

'  the 

and 

aud- 
dross 

the 

it    ill 

I  by 

the 

|:rted 


MR.    UNIACKK'S   LETTER. 


2r)5 


and  aclvii()\vl('di(('d.  The  vital  princi|)Ie  of  rosjionsiljh'  f^overn- 
nient  woukl  have  been  infused  into  the  Hystein  as  frlly  in  1H|0, 
as  it  was,  iifler  striiii;i!;les  which  all  reiijret,  at  a  later  period. 
Bnt  till'  leader's  example  was  not  lollowed.  The  other  niein- 
bers  of  the  Conneil  —  for  i-abinet  it  was  not — refused  to 
resign,  and  preferred  that  the  CJovernor  should  be  saerilieed 
rather  than  that  he  should  be  surrounded  by  advisers  eom- 
inandini^  a  majority  in  Parliament. 

On  the  5th  of  March,  I\Ir.  Uniacki!  addressed  a  letter  to  the 
freeholders  of  Cape  Breton,  givini?  to  his  constituents  his 
reasons  for  resigning.  It  is  as  curious  iuav,  as  it  was  grati- 
fying then,  to  discover  in  this  docnment  the  earliest  r(>cognitioii, 
by  a  coiis[)icuous  public  man,  recently  clothed  with  Exiicutive 
authority,  of  tin;  substantial  power  of  the  people,  —  of  the  right 
of  Parliament  to  control  the  administration  of  public  ailairs. 

T>('foro  T  L'tilcr  [says  ^Iv.  UiiiiU'kc.]  into  lli<'  great  qtiostion  which  now 
iij^itales  tlio  wjiolc  l»rili«li  ('(ilmiics.  I  must  state  some  of  the  minor  reasons 
■\vliieh  have  iniliieed  me  to  take  tliis  step.  1  feU  that,  wluitover  course 
other  memhers  of  Her  iMajesty's  Conneil  luiglit  adopt,  as  a  member  of 
llie  Asseniljly,  I  owed  it  to  the  House  to  come  out  from  a  body  wliicli 
liad  been  politically  condemned  by  such  an  overwhelming  majority.  In 
vain  should  I  have  attempted  to  stem  such  a  torrent  of  politicid  disap- 
probation, :ind  I  paid  wlial  I  considered  a  due  an<l  becoming  deference 
to  tlie  House,  without  for  a  moment  admitting  the  proi»riety  of  the 
V  resolutions  ii  had  ado])ted  and  pa-sed.  Another  reason  was,  (hat  1  felt 
it  (piite  impossible  to  continue  in  a  Council,  the  measures  of  which  were 
attacked,  without  being  at  liberty  to  declare  and  justify  the  advice  I 
might  have  olfered  to  the  (lovernor,  and  to  be  considered  a  responsible 
adviser  of  the  crown,  before  any  principle  of  responsibility  had  been 
either  admitted  or  defined.  These  tw(»  reasons  would  have  been  siitn- 
cieiit,  in  my  opinion,  without  any  oilier,  to  justify  me  in  the  coursti  I 
have  jiursued  ;  the  first  regarded  th(!  IhuHe,  the  second  had  referenco  to 
my  own  public  character  and  my  feelings  as  a  gentleman. 

l>y  the  amendment  movi'il  on  the  adtlress  of  the  House  of  Asscml)ly, 
the  priiicii)le  is  admitted  by  tiie  whole  House,  and  the  majority  of  the 
House,  three  to  one,  have  determined  tlie  meaning  of  this  dispatch; 
therefore,  Avliether  I  am  ri!jjlit  or  wronir,  at  least  I  have  tlie  consolation 
to  reflect,  that  1  am  supported,  Ijoth  l)y  the  rei)reseiitative5  of  the  people, 


■iffi'' 

III:        M    t 


" 


li  'hhI'i   .  , 

:<■       I      V 


i  i,     I 

11 


I 

I' 


250 


Mil.    UN'IA(Kr,'S   T.F.TTnn. 


I;  ! 


•It. 


and  by  tliosn  wlio  luc  ]>l:ic(i|  in  jiiiihority  over  ii-.  The  (iovornor  Goncrnl 
says,  thai  lie  lia-  Ilrr  .Majot^'s  CKinmaiiil-i  to  pay  ii  tluo  (k'ti'rencc  to  tho 
well  iiii(l(i>io(»(l  wi^licH  of  tli(>  people!  of  llu;  l'ro\  iiK'c,  lis  cxprossod  l»y 
their  riprcsciitalivcs;  ami  am  I,  one  of  ilial  lioily,  not  to  ilo>o?  IStMidin;; 
with  vciicialioii  al  llir  foot  of  tin'  l>rili;^li  lliroin',  I  shall  not  !)(>  found, 
withoni  the  ;,'rav»st  ni'ci'ssity,  to  disoiicy  the  njiiunands  of  my  sovcrt'i;;!!. 
I  fct'l,  in  payin.'  liic  deference  I  have  donc^  to  tiie  llonse,  that  I  am  snb- 
niitlin;;  not  only  to  my  own  fcelini;-;,  imt  also  evincing  a  loyal  revereiico 
to  the  will  of  lh((  <^)neeii.  It  is  not  Hn'  me  to  >ay  that  tin;  House  of 
Asseiuldy  do  not  fairly  represent  the  I'rovinee.  Let  those  who  think  so 
ascend  the  hu>tin;.'s,  -ind  then,  perhaps,  they  may  bo  considered  more  at 
liberty  to  speak  upon  the  subject. 

A  new  Constitution  has  been  conferred  upon  tho  Colonics,  and  it  is 
the  solemn  duty  of  all  to  combine  in  carryinj^  out  th(-'  measures  which 
may  be  necessary  to  [)roinote  the  great  interests  which  this  Constitution 
will  most  efi'eclually  protect.  This  is  but  the  extension  to  the  Colonies 
of  the  liritish  Constitution;  and  while  Xova  Scotians  feel  that  they  have 
deserved  it,  and  will  pride  themselves  on  its  possession,  they  all  know 
that  there  is  no  other  Hag  on  eai'lh  that  can  support  that  glorious  Consti- 
tution, either  al  home  or  alu'oad  ;  and  that  only  in  the  hour  of  death,  if 
even  then,  will  their  grasp  of  that  standard  be  rclin(piishcd. 

INIr.  Iltiiackc's  coiKliict,  ut  this  period,  won  INIr.  ITowo's  entire 
respect,  luid  obUlerated  tlu'  reeoUeetioii  of  former  dill'erenees  of 
opinion,  'i'liey  soon  after  beeanie  eolleagues.  They  retired 
togetlier  in  IS44,  tind  went  baek  into  the  same  administration 
in  1848,  their  politieid  eonlidenee  and  personal  attachment 
being  still  tinim[)aired.  Tlu^y  served  together  till  1854,  wlicn 
Mr.  Uniackc  retired  to  the  Land  Ollice,  and  Mr.  Howe  be- 
came chairman  of  the  Railway  Board.* 

*  Till'  riilldwin;?  cloqiioiit  culosium  on  his  frieiul,  was  pronounccil  in  tlic  session 
of  1858,  !i  tow  (lays  al'icr  Mr.  Uiiiacko's  (loath  ;  — 

Ilail  the  I'roviiicial  Secretary  lionoved  mo  only  with  Ills  iiotioe,  I  sliould  not, 
perliai)s,  have  aililrosseil  ilie  House  aixain.  15ut  ho  has  dofaniod  other  trciiiloinoii, 
who  are  not  here  to  doleiid  tlioiiiselves.  ..VnioUL;-  them  one,  who,  ("or  many  i-easons, 
nii^ht  have  hoon  .-iiarod.  Sir,  a  more  aiilo,  iio.ioralih,',  and  distinf^nished  man,  never 
^'i-aced  tlic  floor  of  this  Assemlily,  than  my  late  lamented  tVioiid,  the  llonoralilc 
James  IJoyle  I'niaeke.  His  iiolile  form,  easy  (lo]iortment,  i::raeefii!  mamiers.  and 
ready  How  of  lan^ruajje,  are  familiar  to  many  who  listen  to  mc  to-day.  No  nnin  who 
ever  graiipled  with  him,  as  1  did  in  the  early  jiart  of  my  life,  would  under-estimiitc 


"". 


NKW   imUNSWICK. 


257 


A\'liilc  tliis  s(riiiri,'I('  was  ^'oiiii,'  on  in  Nova  Sfotia,  tho  prin- 
(•l';!!'.-*  iiilvtH-atcd  hy  Mr.  IIowc  niid  liis  friends  wen*  sfcadily 
niakini,'  way  in  the  Province  of  \e\v  Hrunswick.  'I'lie  two 
Colonies,  sepaniti'd  only  by  an  iniai(inary  line,  are  essentially 
one.  in  orii,'in,  political  and  social  aspects,  and  material  in- 
terests, there  are  few  contrasts  to  iioie,  Ijord  Jolni  llnssell's 
dispatch,  liavini,'  heeii  laid  Ix'fore  die  lloHse  of  Assemhly  of 
New  Urnnswiclv  early  in  March,  a  nnnoriiy  (»f  diirleen  was  got 
\o  vole  for  the  foljowini^  resolution:  — 

WhvrcdS,  Tilt!  avowed  olijrct  (if  conNciiiii;.'  this  luaiicli  (if  die  Li'i^'ishl- 
larc.  is  ti»  make  st;.tittt's  aad  urilinaiii'i's  Inr,  and  lo  aiK  i-c  tlie  r.xi'ciitivo 
;.'()vcrMiiii'iii  ill,  all  (|iir>titiii-<  aircclinj^  dir  praei',  wcIfaiT,  and  ;:;()(i(l  ;;()V- 
criiniciit  of  die  iiiiialiilaiits  of  tiiis  I'roviiico:  And  w/icffiis,  'V\w  cxereiso 
of  all    l!\<'ciiti\c   fiiiiclioii-;   >liould    lie   coiid'olled   and   direi'ttMl   with  a 


lii>  |iu\\ri>,  A  luiinl  r\(i'  I'niiiCiil,  a  iciii;^ii('  I'MT  fliM|iii'iit,  liiiiiHir  iiioxliiiiistihlc, 
iHicl  patliiK  wliii'li  I'rw  ciiiild  i-i'»i>t,  woro  aiiiuiii;-  (lie  ;;it'is  or  !i|taiminiit-i  of  my  Imiior- 
alilc  t'lit'inl.  His  ri)II()(|iiial  puwi'is  wcif  cncii  iikhc  inai'vclluii-i  than  iiis  l'(ii(ii>i('  or 
|iailiauu  iiiaiy  ili>|iiay-;.     1 1. 


liannril  ihc  Sriiati'  liy  hi^  i'liii|ii('iii 


hull 


luW  ilcll 


rlit- 


f'lil  was  III'  wliiii  >iin'ipiiiii|iM|  li\-  a  kiiui  cil'  liiianl.,  Inairatli  ilic  ;;allia-v  or  mmIciI  at  llio 


!u':l(l  ot'  lli>^  ouii  lioMiil: 


i|.      How  ol'icii  liavc  [  tlioiiulit,  wlu'ii  nir.'iiiiu^  aliroad 


rils  of  lioili  coHiini'iit-,  I 


till'  clioic'i'  -|ii 

iiiatrli  till'  .hiiui's  I'ovli'  I  niii 


low  rare  it  wa^  to  tiii<l  a  man  in  all  roin'cts  ii 


lint 


It   III'   w 


as  not(nil\'  ili^tin;iMislu'il  as  a  jf^isiator. 


11 


IS  means  ami  Ins  niteilect  wcic  cinliarkril  ui  rveiy  inteiinr-e  wlinli  proniisi 


li   tliu 


aiUancennait  of  ilie  loininon  iiitiTi'-t,  or  the  ;:iduthof  piiMie  spl'.it.  lie  took  an 
ncti\e  part  in  the  iniroilii'lion  ot'  '^a-^  ami  \\ati'r  into  this  ''ity,  ami  was  prc-iijinl  of 
liotli  eompaiiies  for  a  time,  lie  Imilt  the  I'cniteiiiiai'y  with  ^.Tants  eairiiMl  tln'oii'^h 
llii-  lloii-e  liy  lii^  iiilliii'iiee.     Iji'  aiih'il  lis  ill  ile\elo|iiii;;-  aii'l  praeiii  ally  workiiiLT  the 


( 'oli»tilntioii  ;   ami   lie;;a\('  to  the  ;^i'eat  pnhli 


!■  worlds  now  II 


proi;re---  his  sti'ail\ 


support. 

Siieli  was  the  man,  >ir,  lo  whom,  anil  to  tlie  miuia^'cmcnt  of  wlio<e  department, 
I'oiil  lan;:ua;:e  iiiis  lieeii  applied  here  liy  niemliers  of  the  ;;oVL'nimi.'iit,  even  at  the  \ery 


moiin'iit  when  my  honoralile  ami   learned  fiiend 
tl 


was  ill  the  a^^onies  of  death.     The 
III  that  hour,  hut  a  ( 'hrisiian 


r^epoy  aiHl  the  sa\aL:'e,  it  i-  line,  tortiiri'  tlnir  vietim- 
warrior  turns  from  them  with  di<i:u-t  or  slays  them  for  their  liarharity.  The  hawk 
and  the  kite  may  i>eek  out  the  eyes  of  the  iiolile  steed  who  has  run  his  eoiir.-e,  even 
while  iiie  heart  is  still  palpitiitiiiLC  i""!  the  Mood  is  warm.  What  shall  I  say  of  sueli 
foul  hirds  as  the  I'rovineial  Si  i  retary  and  the  lionoralde  meiiiher  for  Victoria,  who 
have  settleil  iijioii  the  ri'iiiitatioii  >>{'  my  departed  friend,  even  while  his  ;;reat  heart 
was  lireakiiiir  ami  his  iioMe  spirit  was  wiiiu'iny:  its  upward  tli;,dit  ?  What  need  ho 
said  '.  We  all  know  him  and  we  know  them.  A  serpent  may  crawl  over  tlic  st.itUO 
of  Ajiollo,  hilt  the  heaiitiful  proportions  of  the  niarhle  will  yet  he  seen  Iieneatli  tlio 


slime. 


'That  mv  I'rieiid  mav  have  hail  his  errors,  [  am  not  here  to  deiiv  ;  hut  I  ri 


joiee  that,  whatever  they  were,  ( lod  in  his  inlinite  mercy,  and  not  man  in  his  nia- 
li;;!  ity,  is  hereafter  to  he  his  judge. 


1 1  I 


r  i' 


(  .  :        '!i 


N 


1 

2< 


258 


ADDRESS  TO   THE   CROWN. 


P 


i   I     .■ 


iJ 


spt'tMiil  view  to  llic  ntta'miiKMi',  of  tlio  saiiK!  objcctsi :  And  irhrrcas,  'T\\\< 
comniittoe  cannot  waive  oi-  I'oi'Cfjfo  the  iiilicivnt  right  of  this  branch  of 
th(.'  govcinnicnt  to  ailvi>c  and  as>i-t  in  such  control  and  dii action,  and  to 
remonstrate  against  the  ahnsive  exercise  of  those  functions; 

Thou  fun'  Jirsolrcd,  vVs  tiie  opinion  of  this  committee,  that  the  House 
should  view  the  dispatch  in  (pie-tion,  as  distinctly  recognizing  an  ellicient 
respon-iiiiility  on  the  part  of  executive  olliocrs  to  the  Itepresentativc 
branch  of  the  Provincial  govenunenf. 

Tiic  okl  induciic-cs  wi'ic  as  yet  too  stron£^,  and  the  follcnving 
droll  expression  of  opinion  was  carrictl  by  a  majority  of  two :  — 


>lrr(L  As  th 


lirsoircd,  ivs  tiie  opinion  of  this  conunittee,  that  t'.ere  is  nothing  in 
the  dispatch  of  the  liight  Honorable  Lord  .John  Kussell,  now  under 
consideration,  to  call  forth  any  expi'ession  from  the  House  on  the  subject 
of  Colonial  government;  and  thai,  in  the  event  of  any  oci'ui'reiice  taking 
place  to  distiM'b  the  present  happy  political  state  of  the  I'rovince,  the 
House  cannot  but  entertain  tin;  oiiinion,  tliat  any  legal  and  dutifid  rcpre- 
sentalions  which  tluy  may  have  occa-ion  to  lay  at  the  foot  of  the  throne, 
will  receive,  as  they  have  always  done,  the  royal  consideration. 

Lord  Jolni  Russeirs  dispatch  of  the  14i|i  of  Octol)(>r,  [See 
Appendix]  ajjpeared  in  t!i(^  Provinces  about  this  time.  'I'honjrh 
His  Lordship  suifi^ested  and  reasoned  npo!i  eases  in  which  the 
power  of  a  popular  majority  might  be  abused,  or  in  wii.eh  it 
might  become  necessary  lor  ilie  crown  to  maintain  tiie  pre- 
rogative, upon  the  whole,  the  language  of  this  dispatch  was 
satisfactory,  and  sirengfhened  and  conlirmed  the  position  main- 
tained by  'lie  Nova  Seotian  relormers. 

On  the  2oth  of  March,  Mr.  Howe  moved  the  following  ad- 
dress  to  tiie  crown,  which  was  carriiul  after  a  sharp  d(d)ate,  b)' 
majorities  varying  upon  the  clauses  from  twenty-eight  to  four- 
teen and  twenty-iive  to  sixteen:  — 

TO   THE  (,)rEKN'S  JMOST  EXCELLENT  ^LV.TESTY. 

77/r>     HnniUc  Address    of  tlic    House  of  Assenihli/  <f  tlie  J^rnriiiec  <f 

Xorii    Srutid. 

We,  Your  ^Majesty's  dutiful  and  loyal  subject-,  the  Ivcpreseutatives  of 
your  loyal  Province  of  Nova  Scotia,  are  reluctantly  coinpelleil  again  to 
approach  Your  Majesty  with  a  statement  of  grievances,  which,  wliih; 
tlicy  have  been  anmially,  during  the  last  three  years,  laid  at  the  foot  of 
the  throne,  btill  remain  unredressed. 


ADDRESS   TO   THE   CT50WN. 


259 


I  he 

•h  it 

|)rc- 

was 

luin- 

ad- 

"oar- 


•e  (if 

III  lo 
,vllil(! 

Ut  ol" 


The  oliiof  cause  of  all  the  evils  of  whieh  the  Uritisli  North  American 
Colonics  liiive  conii)luinctl,  has  been  the  want  of  harmony  hrtwccn  tlie 
KxciMilivcand  the  IJepresentative  branches  of  the  government.    'J'he  -talo 


•t,  wh 


to  whicli  this  i  rovnice  Ii;i(l  been  brouirlit  liy  tlie  IJilicial  Lompaei,  wiio 
had.  for  many  yetirs,  monopolized  all  the  ])0\ver  ami  patroiiaire  within  it, 
was  fully  disclosed  by  this  House  in  ISlu.  Your  3Iaje>ty  at  once  re- 
cognized tiie  justice  of  our  eom])laints,  and  gave  positive  orders  lo  your 
rej)resentative  in  the  Colony  to  oliviate  the  possibility  <>f  tiieir  I'eeiirreiice, 
liy  calling  around  him,  into  the  Kxectitive  and  Legislative  Cuiincils,  those 
who  possessed  the  conddence  of  the  comitry. 

Had  this  been  done,  and  Iwul  your  ^Majesty's  eommands,  conveyed  in  the 
dispatches  of  Lord  Glenelg,  b<'en  executed  by  tlie  Lieutenant  (lovernor, 
the  hopes  they  raised  among  an  intelligent  and  loyal  populiition,  would 
have  lieen  realized;  and  Your  ^lajesty  would  not  have  be(Mi,  at  this 
time,  called  upon  to  vindicate  your  high  authority,  ami  do  justice  to  your 
people,  lietweeii  whom  and  your  royal  favor,  ,'-til)ordinate  functionaries 
have  hitherto  inter[)osed. 

Jn  almo-1  every  essentiid  particular,  the  priin'iples  laid  dnwn  by  Lord 
Glenelg  in  J<So7,  were  violated  by  Sir  Colin  Campbell  ;  and  directions, 
too  plainly  exprcs>ed  t(t  admit  of  their  lieing  mi^undeivtooil.  were  either 
overlooked,  or  fo  per\('rt(;d,  as  to  >treiigthen  and  I'on-olidate  tiie  power 
of  till' small  and  ('xclii-ive  ))arly,  of  whose  acts  and  dangerous  ascend- 
ency, the  representatives  of  the  people  had  complaiiu'd. 

This  Assembly,  being  most  anxious  to  avoid  any  appe;;"anei-  of  disre- 
spect to  Yoiu'  Majesty's  representative,  did  not.  in  their  -uli-e(iuent  remon- 
strances, vemure  to  attribute  tliis  daring  violation  of  Your  ]\raj(.'<ty's 
express  command-,  lo  His  Lxcelleiicy  the  Lieutenant  (iovernor.  They 
chargecl  it,  as  they  conceived  thi-y  had  a  right  to  do,  upon  his  advisers; 
and  they  sympathized  with  an  ollicer,  surroimded  by  a  Couiu'il,  and  heads 
of  departments,  who,  their  temire  of  ollice  being  permanent  under  the. 
Colonial  constitutions  as  then  understood,  had  nothing  to  fear,  aiul  every 
thing  t(»  iiope,  from  sacrificing  his  reputation  to  protect  their  own  cniolu- 
mt  lUs  and  p(jwer. 

Your  Majesty  will,  therefore,  readily  coiveive  with  what  delight  and 
satisfaction  this  House  n-ad  the  dispatcli  of  Lord  John  lvus<ell,  of  the 
IGth  of  October,  by  whicli  the  power  was  given  lo  the  Lieutenant  Gov- 
ernor to  ^hake  himself  free  of  the  influences  Ijy  whieh  he  had  been  tram- 
melled. They  recogniz(Ml  in  that  document,  no  new  ami  dangerous 
exiieriment,  but  a  recurrence  to  the  only  jtrinciples  upon  which  Colonial 
go\  ernments  can  be  safely  carried  on.  They  saw  that  while  great  pow- 
ers were  to  be  confided — while  an  unlimited  range  of  selection  was  to  be 


i.' 


ji  J 


i\    \        ; 


t  I- 


2G0 


ADDRESS  TO   THE  CROWX. 


given  (()  tlic  Li'Milcniuit  (Jovcnior,  in  onlcr  to  niiiko  the  oxerciso  of"  llic 
prcrogiitivc  iiiosl  liciiclicial  ami  sulislaetory  (o  ilic  people.  lie  was  to  bo 
held  respoii-ililc  (o  the  sovereign  for  tlie  traiKpiility  oi'  the  (.'oloiiy  com- 
mitted to  liis  eliar^'e,  and  i'or  tiio  harmonious  action  of  llie  executive  and 
legislative-  l)ranclies  of  the  government,  in  order,  therefore,  that  His 
Excelh'ncy  Sir  Colin  ('ami)l)ell  might,  without  unnecessary  delay,  oxcr- 
cisc  the  powers  eoiilided,  for  the  redress  of  grievances  of  which  this 
House  had  so  freijuently  com[)liiincd,  we  passed,  on  the  oth  of  Feltruary 
last,  the  f()llowing  resolutions,  which  were  presented  to  His  Kxcellency 
on  the  lOlh:  — 

Ju'solrcd,  That  it  is  the  opinion  of  this  committee,  that  f(»r  many  years 
tin;  Ijest  interests  of  this  Provine*'  have  1)een  Jeopardized,  and  its  progress 
retarded,  by  the  want  oi'  harmony  between  the  diiferent  branches  of  tlio 
government,  and  tlie  absence  of  that  cordial  coiiperation  between  the  rep- 
resentatives of  the  people  ami  those,  who  conducted  the  local  administra- 
tion, which,  in  the  view  of  this  J  louse,  is  highly  desirable,  if  not  indis- 
pensable, in  "veiy  liriti-h  Culnn}' to  which  a  Constitution,  modi'lled  after 
that  of  the  mother  coiniliy.  lia-  been  granted  I)y  tlie  crown. 

Jicsofrr//,  That  it  is  the  opinion  oi'  this  eonnnittee,  that  during  the 
struggle  which,  since  l<s;i7,  this  IIou>e  has  maintained,  with  a  view  to 
reduce  the  ex[)en.-es,  im{)rove  the  in<iitulions,  and  purity  the  administra- 
tion of  the  country,  it  has  been  niel  at  every  step  by  an  influence  which, 
while  it  was  l.eyoml  the  contnd  of  this  A-~end)ly.  has  wielded  the  whole 
power  and  patronage  of  the  government,  to  bailie  its  efforts  and  thwart 
the  wise  and  benevolent  i-olicy  avowed  by  Her  ^Majesty's  ministers. 

Jicsolrcd,  That  it  is  tin;  opinion  of  this  committee,  that  in  approaching 
many  of  tlx-  important  (piestions  to  be  disposed  of  in  the  presi'Ul  session, 
the  House  of  Asseml)ly  feels  embarrassment  and  dillicully  which  it  woidd 
be  unwise  to  conceal,  either  from  llit.'  government  or  the  country  at  large; 
and  that  it  can  anticipate  no  satisfactory  settlement  of  tho<e  (piestions, 
until  the  Kxecutivc  Council  is  so  remodelleil,  as  to  secure  to  this  House 
the  aid  of  the  local  administration  in  carrying  out  the  views  of  this  As- 
sembly, and  in  tlicililating  any  negotiations  which  it  may  be  necessary 
to  conduct  with  Her  ^lajesty's  government. 

JiCHiilrcd,  That  it  is  the  opinion  of  this  committee,  that  tlie  House  of 
Assembly,  after  malin-e  and  calm  deliberation,  weary  of  seeing  the  reve- 
nues of  the  country  and  the  lime  of  its  representatives  wasted,  the  peo- 
ple of  Xova  Scotia  misrepresented  to  the  sovereign,  and  the  gracious 
boons  of  till'  .-overeign  marred  in  their  transmission  to  the  people,  do 
now  solemidy  ileclare  that  the  Executive  Council,  as  at  present  consti- 
tuted, does  not  enjoy  the  conlidence  of  the  Commons. 

The  Ibllowin";  answer  was  returned: —  * 


,i;V« 


:,«■ 


i^  m 


ADDRESS    TO   THE    CROWN. 


2G1 


of 
Ivc- 

l(_'0- 

l.lo 
tti- 


Mr.  Speaker,  caul  Gentlemen  of  the  House  of  Assemhlij,  —  The  subject 
you  have  presented  to  my  coiisidiTiitiou  in  this  inldrcss,  has,  in  all  essen- 
tial respects,  lieen  already  lirouj^ht  under  the  notice  of  Her  Majesty's 
government,  in  resolutions  of  tlw;  House  of  Assembly  passed  in  its  last 
session. 

Iler  Majesty's  ministers,  after  I'uU  consideration  of  the  snl>ject,  and 
personal  conftsrence  with  deletrates  fi'om  your  body  authorized  to  advocate 
your  views,  liavc  expressed,  in  liu.'  <lispatch  which,  by  Her  IMajesty's 
command,  I  recently  laid  before  you,  the  judgment  to  which  they  had 
come  on  the  matters  ol"  your  ('(jmplainfs. 

Having  no  reason  to  believe  that  any  alteration  has  taken  place  in  the 
sentiments  of  Her  3Iajesty's  government  in  this  respect,  1  do  not  feel 
myself  at  liberty  to  adopt  any  other  course  than  to  refer  you  to  the  dis- 
patch already  alluded  to,  as  containing  their  decision.  Justice,  however, 
io  tlie  Executive  Coimcil,  leads  me  to  say,  that  I  have  had  every  reason 
to  be  satisfied  with  the  advice  ainl  assistance  which  they  have  at  all  times 
aflbrded  me. 

It  has  ever  been,  and  shall  continue  to  be,  my  earnest  desire  to  concur 
in  every  measure  which  appears  to  me  to  be  conducive  to  the  be^t  inter- 
ests of  this  Province. 

Astonished  and  griev(,'d  that,  while  no  notice  had  been  taken  by  His 
Excellency  of  ]^onl  -lolui  Russeii'ft  dispatch,  or  of  other  public  docu- 
ments, illustrative  ol'  the  wi-e  policy  aimounced  by  the  new  Colonial 
Secretary,  reference  oidy  had  been  made  to  a  dispatch  of  a  prior  date, 
breathing  a  dilVerent  s[)iril,  and  written  by  a  nobleman  who  had  retired 
from  the  Colonial  Ollice,  tiiis  House  called  His  Excellency's  attention  to 
those  important  state  papers  in  the  following  address  :  — 

TO   HIS   EXCELr.KNCr  LIKr'FKXANT  GENERAL 
SIR   COLIN   CAMPBELL. 

Knir/Itt  Cummonder  of  the  Most  J/nnonible  MiUtar)/   Order  of  the  Bath, 
Lieutenant  Governor,  a)id  t'ommander-in-Chiif  in   and  over  Iler  Ma- 
jestijs  l^rorinee  of  Xin-a  Seotia,  and  its  J)epende)icies.  c^r.,  S)-c. 


Tin;    iiuMBLi:   addiii'.ss   of  tiii:    iiolsi:    oi' 

Of.N'I'.KAL    ASSICMIJLV. 


UKlMtKSEXTATIVKS     IN 


Mai/  it  please  Your  Kreellenei/,  —  We,  Her  ^lajesty's  dutiful  and  loyal 
subjects,  tlie  representatives  of  the  Province  of  Nova  Scotia,  cannot  but 
express  our  unfeigne<l  regret  at  the  tenor  of  the  reply,  made  by  Your 
Excellency  to  the  resolutions  passed  by  a  large  majority  of  this  House, 
on  the  oth  instant. 


M 


^    l| 


2G2 


ADPRF.SS   TO   Tin;   CROWN. 


■J 


I;' 


I      !  ^ 


h-    ! 


r  li' 


It  is  trno  tliat  .-oiiif  ol'  the  coinpliiints.  urL'fil  in  llio>e  rc>oliition.*,  bad 
been  pressed  upon  the  attention  of  Iler  IMaJesly's  govennnent  in  I'ormcr 
eoinuinnieatioiis  ;  Imt  we  biiinld}' conceive  tliaf,  tlie  di-patcb  of  fjOi'd  .Tobn 
Russell,  dated  Killi  Oelolxr,  and  not  tliat  of  bis  predecessor  in  oifice, 
dated  .')lst  of  Angnst,  to  wiiieb  Your  Kxeelleney  refers,  is  the  one  by 
Avhieb  all  jiarties  in  ibe  Colonies,  now  and  liereaflei-,  are  to  bo  governed. 
We  believe  that  tlwit  dispatch  not  only  gives  to  "^'our  Mxeellency  tbo 
power  to  reniodcd  the  Executive  Council,  but  makes  such  changes  as  arc 
required  to  ensure  liannony  between  tbo  executive  and  legislative 
branches  of  the  government,  im])erative. 

This  House  are  at  a  loss  to  c(jnceive  any  "motives  of  public  policy  " 
more  '•sufficient"  to  render  an  application  of  iIk;  princi[)les  of  that  dis- 
patch to  this  Province  advisable,  than  the  facts  that  thirty  to  twelve  of 
the  mend)ers  of  the  Representative  branch  have  avowed  their  want  of 
conlidence  in  ollicers  expressly  rel'erred  to  by  the  Colonial  Secretary ; 
that  they  liave  declared  it  impossible  to  deal  wisely  with  measures  of 
great  importance  to  the  government  and  the  country,  until  confidence  be- 
tween the  Kxecniive  and  the  Legislature  beestablished;  and  that, while  the 
oidy  ellicient  representative  of  the  local  government  in  this  House  has 
res'gned  bis  seat,  no  man  ol'any  influence  in  this  Assembly  can  be  found 
to  devote  his  talents  to  the  service  of  the  government  while  a  majority 
of  the  Executive  Council  persist  in  retaining  their  seats,  and  Your  Ex- 
cellency declines  to  exercise  the  powers  confided  by  Lori'  John  Kussell's 
dispatch. 

It  is  to  this  House  a  subject  of  deep  mortification  that,  whih;  in  a 
neighboring  Province,  His  Excellency  Sir  .lohn  Harvey  recognizes  the 
dispatch  of  the  IGth  October,  as  coiderring  a  new  and  ini[>roved  Consti- 
tution on  the  ('olonie^,  and  has  exi>ressed  ins  determination  to  act  upon 
it;  while  in  Canada,  the  Governor  General  declares  that '•  he  has  re- 
ceivctl  Her  ^Majesty's  conwnands  to  admiiuster  the  government  of  these 
Provinces  in  accordance  with  the  well  understood  wishes  and  interests 
of  the  people,  and  to  pay  to  their  feelings,  as  expressed  through  their 
representatives,  the  deference  that  is  justly  due  to  them,"  that  the  people 
of  Nova  Scotia  are  to  be  treated  worse  than  the  people  of  New  I>runs- 
wick ;  and  that,  under  cover  of  a  dis[)atch,  written  before  the  new  policy 
was  adopte(l  by  a  nobleman  who  no  longer  presides  over  the  Colonies, 
principles  are  to  Ije  applied  to  Nova  Scotia,  whose  allegiance  is  unsidlied, 
less  in  accordance  with  the  spirit  and  practice  of  the  Iiriti>h  Constitution 
than  those  which  have  been  promulgated  for  the  government  of  a  Prov- 
ince but  recently  agitated  by  disalVection  and  rebellion. 

Should  Your  Excellency,  u[)on  reconsidering  this  subject,  upon  refer- 


% 


ADDRESS   TO   THE   CROWN. 


263 


ring  to  llio  Ciovornor  Goiu'ral's  !M(.'ssngo  of  the  lllli  January,  in  which 
hu  di'chircs  '•  Iiis  earnest  ami  anxious  desire  to  discliai'ge  the  trust  eoni- 
mitted  to  him  in  aecordancc  with  tlie  i)rinei|)les  announced,"  still  feel 
comjielled  to  disappoint  the  ho[)es  of  llie  pe')[il('  of  Nova  S.olia,  this 
House  will  tee!  unl'eigned  .-orrow  ;  I)ut  in  the  meantime,  they  trust  they 
need  not  assure  Your  Kxceilency  of  their  desire  to  [>reserv(,'  the  tran- 
(juilily  of  till!  I'rovinee,  and  to  insure  the  harmonious  action  of  the  dif- 
ferent branches  of  the  Govermiient. 
The  following  answer  was  <j:\\ini : 


,i  ■ 

■ 

nHh 


'I  TFfinl,^! 


i.   ' 


3fr.  Sj)ral('r  and  Genflonrn  of  (/to  /fui'se  of  Assr)iif>!i/,  —  I  have 
given  to  this  address  the  deep  consideration  to  wliicii  the  opinion  of  the 
representatives  of  the  people  is  ju>tly  entitled. 

By  adopting  tht;  course  you  suggest.  I  should  practically  recognize  a 
fundamental  change  in  the  Colonial  Constitution,  which  I  cannot  cer- 
tainly discover  to  liave  been  designed  I)y  the  dispatch  of  the  ]?ight  Homo- 
rable  the  Secretary  of  State  for  the  Colonies,  of  the  IGthof  October,  in 
the  manner  and  to  the  extent  sujjposed  by  you. 

In  exerci-iug  tin-  solemn  trust  connn''!ed  to  me  by  my  sovereign,  I 
feel  it  my  dutv  not  to  establi.-ii  a  princi[»le  iiivolviug  con<ei[U(  nccs  of 
deep  moment,  on  whi'ii  any  uncertainty  rests,  luuil  Her  Majesty's  min- 
isters shall  have  been  consulted,  ai.  the  judgment  of  the  (^ui>en  ascer- 
tained. 

It  is  therefore  my  intemioii,  iunnediately  to  Itring  to  the  notice  of  Her 
INIajesty's  government,  the  addresses  ami  resolutions  you  have  lately 
passed  on  the  subject. 

In  the.  meantime,  1  shall  be  constantly  ready  to  yield  my  concurrence 
to  any  measures  you  may  adopt,  which  in  my  judgment,  are  calculated 
to  promote  the  welfare  of  Her  Majesty's  loyal  sul)jects,  the  pcojde  of  this 
Province,  whom  you  re[)resent. 

This  reply,  the  Assembly  arc  most  reluctant  to  avow,  withered  all  the 
hopes  which  they  had  cherished.  It  told  them  tliat  the  olllcer  who  had 
violated  the  plain  letter  and  spirit  of  Lord  Glenclg's  dispatches  in  18o7, 
was  determined  either  not  to  understand,  or  not  to  act  on  the  dispatch 
of  I^jord  John  Russcl,  and  convinced  tlicMu  that  the  views  of  Your 
Majesty's  government  would  never  be  carried  out  by  officers  hostile  to 
its  policy,  and  who,  when  commanded  to  call  around  them  those  who 
possessed  the  conlidence  of  the  people,  were  deti'rmined  to  persist  in 
governing  by  the  aid  of  those  in  whom  the  people  had  no  confidence. 

If  up  to  the  period  when  their  final  remonstrance  was  made  to  Sir 


ti: 


1..' 


2G4 


ADDRESS  TO    THE   CROWN. 


'•ii  1  ii 


I'f''    !' 


1! 


^il 


Colin  Camphcll,  this  TIoupc  conceived  that  there  was  reason  for  dissatis- 
faction and  distrust,  the  recent  appointments  to  tlic  LcLrislative  and  Ex- 
ecutive Councils  have  furnished  further  evidence  of  a  deterinination  to 
perpetuate  the  system,  of  Avhich  this  lloiisi,"  has  .-o  frequently  com- 
plained. To  some  of  the  jijipointinents  to  the  Legislative  Council,  grave 
objections  might  he  urged  ;  while  in  the  appointment  to  the  Executive 
Council,  the  House  reco'riiize  a  studious  determination  to  pass  over 
every  niau  possessing  inlluence,  and  enjoying  the  contidence  of  the  peo- 
2)le,  to  do  honor  to  an  individual,  of  whose  political  conduct  this  House 
will  not  trust  itself  to  spe'd<,  hut  who  certainly  cannot  bring  to  the  aid 
of  a  government  which  has  been  for  years  in  a  minority,  the  smallest 
portion  of  influenee  in  the  Commons. 

This  House,  notwithstanding  these  gross  viidations  of  the  sound  prin- 
ciples laid  down  by  Your  ^Majesty,  for  the  government  of  British  2sorth 
America,  have  made  ample  ])rovision  for  all  branches  of  the  public  ser- 
vice, and  for  carrying  out  what  they  believe  to  be  tlr  policy  of  the  Im- 
perial Parliament,  in  order  to  bind  in  closer  connection  with  each  other, 
and  with  the  [larent  Slate,  Yoin-  ]\raj'.'sty's  Colonies  on  this  continent. 
They  have  not,  even  declined  to  grant  a  sum,  drawn  in  violation  of  their 
privileges,  by  Your  IMajesty's  representative.  But  these  supplies  have 
been  voted,  because  the  representatives  of  the  peo[do  of  Xova  Scotia 
coniidently  relied  upon  the  justice  and  f'rmness  of  their  sovereign. 
This  Hou-e  are  mo.4  reluctant  to  believe  tUat  Your  Majesty  will  turn  a 
deaf  ear  to  the  complaints  of  your  people,  —  that  while  the  Governor 
General  has  been  told  that  there  is  "  no  surer  way  of  earning  the  appro- 
bation of  the  Queen,  than  by  maintaining  the  harmony  of  the  Executive 
with  the  legislative  authorities,"  a  ditferent  rule  will  be  permitted 
to  pre  .-ail  in  Nova  Scotia;  or  that  the  fuvo/ of  the  crown  will  be 
extended,  in  one  Province,  to  a  policy  the  very  reverse  of  that  laid  down 
for  the  government  of  another. 

It  is  true  that  Nova  Scotia  is  a  small  Colony,  and  that  Your  Majesty 
may,  if  you  see  fit,  govern  it  by  the  strong  hand  of  power,  relying  in  no 
degree  ii])on  the  affectionate  attachment  of  its  inhabitants,  but  it  is  also 
true,  that  in  no  portion  of  Your  Majesty's  dominions,  are  the  powers  of 
the  Crown  and  the  rights  of  the  peo[)le  better  understood ;  and  in  none 
is  there  a,  more  determined  sj)irit  of  resistance,  by  all  constitutional 
means,  to  a  system  of  Government  founded  on  mere  favoritism  or  injus- 
tice. From  the  jjosition  the  people  of  Nova  Scotia  occupy  in  the  centre 
of  the  lower  Colonies,  and  availing  them  Ives  of  the  influence  which 
their  loyalty,  their  intelligence,  their  firmness  and  their  moderation,  have 
acquired  for  them  among  the  popidatioa  of  British  North  America,  they 


\''  'iiH 


MEETING    IN   HALIFAX. 


2g; 


':    t 


Avill  Hi.'vor  ooa?c  to  fippcal  to  llic  piiMit!  (ipiuion  aroiiml  thorn,  to  contend 
af'ainst  that  system,  ami  to  viiidicato  and  assert,  by  every  means  in  their 
power,  their  rij:hts  as  IJritish  siilij<'ets. 

That  Your  Majesty  will  join  with  this  House  in  ohviatinu;  the  neces- 
sity lor  such  appeal-  —  that  you  will  repress  these  absurd  attempts  to 
govern  Provinces  by  the  aid  and  for  the  exclusive  benellt  of  minorities, 
this  Assembly  confidently  l)eli(.'ve;  and  in  a-king  Your  ^lajesty  to  re- 
move Sir  Colin  Campbell,  and  send  to  Nova  Scotia  a  Governor  who  will 
not  only  represent  the  crown,  but  carry  out  it-  policy  wilh  firmness  and 
gooil  faith,  the  Kepresentatives  of  Xova  Scotia  [ierli)rui  a  painfid  duty 
to  their  sovereign,  and  to  their  constituent-;,  but  reconumnd  llie  only 
remedy  which  they  fear,  can  now  be  applied  to  eslabli.-h  liarniony  be- 
tween the  Executive  and  Legi.-lalure  of  this  I'roviiice. 

The  debate  we  cannot  ftiid  in  the  newspaper  reports.  \Vc 
have  a  distinct  recollection  of  it.  lunvever,  and  of  the  peril.s 
that  wen;  encountered  by  thosi^  who  took  this  extreme  step. 
Sir  Colin  Campbell  was  a  line  old  st)ldier,  who  had  distin- 
guislied  himself  inider  Wellington  in  many  a  stern  enconnt(!r. 
His  maimers  \ver(>  frank  and  sociak  lie  had  no  ixnsoiial  ene- 
mies even  among  those  wlio  op[)osed  his  gcnenmient.  lie  had 
many  friends  wiio  woidd  resent  what  now  began  to  assume  the 
appearance  of  a  personal  attack.  IJesides,  there  was  great 
danger  that  many  moderates  ])ersons,  who  had  hitherto  taken 
but  little  part  in  politics,  but  whose  sympathies  wi>re  with  the  re- 
formers, mjgiit  be  startled  tit  this  extreme  step,  and  throw  their 
weight  into  the  opposite  scale.  These  considerations  weighed 
upon  all  our  minds,  at  this  period.  One  or  two  members  who 
usually  voted  with  the  opposition,  went  over  to  tlie  govern- 
ment. One  or  two  shrunk  from  voting  for  tlie  recall.  Flve- 
and-twenty  stern  men,  however,  with  Mr.  Howe  at  theii  head, 
voted  for  the  whole  address,  and  tlie  contest  was  at  once  trans- 
ferred from  the  halls  of  legislation  to  the  shire  towns  of  the 
Province. 

It  was  customary,  for  many  years,  for  his  |)olitJeal  opponents 
to  call  JNIr.  Howe  an  agitator.  It  is  a  curious  fact  thai  they 
set  him  the  exam|)le,  and  that,  up  to  this  period,  though  several 
meetings  had  been  convened  at  Annapolis,  and  elsewhere,  to 

23 


Mi: 


■I  '>.'• 


■  fi 


!   ! 


m\\^ 


i  rP 


q  ■[ 


f^m^ 

i: 

i 

M 

1 

i 

i; 

ili 

' 

t< 


2CG 


MEETING   IN  HALIFAX. 


condcnin  lii.s  i)oIicy,  he  had  t^carccly  ever  atlcnded  one  for  any 
purpose,  oulj<ide  of  Halifax. 

No  sooner  had  the  address,  asking  for  Sir  Colin's  recall, 
passed,  than  rcMjuisilions  were  signed,  and  meetings  held,  in  va- 
rious places,  1o  sustain  that  oflieer.  Tiic  first  attempt  at 
agitation,  against  the  action  of  the  majority  of  the  lower  House, 
was  made  in  Halifax.  A  meeting  was  called  t)f  all  those  who 
were  opposed  to  its  policy.  This  the  members  for  the  city  and 
county  declined  to  attend,  but  called  anotln^r  on  a  broader 
basis  of  public  discussion,  Ijcing  oj)en  to  everybody  of  all 
shades  of  oj)inion.  This  meeting  was  addressed  by  Mr. 
Howe,  in  explanation  and  defeiici^  of  th(^  iVsscmbly,  for  some 
liours.  ]\Ir.  Johnston,  then  Solicitor  (leneral,  came  forward  on 
this  occasion  to  defend  8ir  Colin  and  the  Covmcil.  Here,  for 
the  iirst  time,  m(>t  those  two  gentlemen,  destined  thereafter  to 
test  each  other's  skill  and  resourctes  on  many  a  hard-fought  lield. 
The  meeting  ended  without  any  expression  of  o})inion.  A  di- 
vision was  impossible  after  dark,  the  Masons"  Hall  being 
crowded  to  suHocalion.  Mr.  Howe  was  carried  hoi^ie  on  the 
people's  shoulders.  Mr.  .lohnston's  speech  was  printed,  and 
circulated  by  thousands  over  the  face  of  the  country  to  inlluencc 
public  opinion.  AVe  give  some  passages  of  Mr.  Howe's  speech 
on  this  occasion :  — 

IMr.  Howe  ro?e  and  sjioke  as  A)l]o\vs  :  M\:  Cliairnian,  ami  Gentle- 
men,—  After  a  long  and  laborious  scr^sion,  my  hope  and  desire  was,  to 
have  retired  into  the  bosom  of  my  family,  and  to  have  devoted  my  time 
to  that  moderate  portion  of  pnbhe  business  that  il  is  my  weekly  duty  to 
perform.  I  had  no  wisli  that  unnecessary  excitement  should  1»<^  <iot  up 
upon  public  questions,  after  the  lei^itimale  authorities  had  expressed  their 
opinions,  and  appealed  for  decision  to  the  goveriunent  at  home.  lUit, 
two  or  three  days  ago,  I  was  told  that  notices  had  been  ])()sted  up.  calling 
a  meeting  —  not  of  the  freeholders  —  not  of  the  inhabitants  of  the  town 
generally  —  not  of  all  those  who  felt  an  interest  in  the  discussion  of 
public  questions,  but  of  those  only  who  did  not  ruiinir  in  the  proceedings 
of  the  House  of  Assembly, —  those  who,  in  their  own  minds,  had  con- 
demned the  House.  Under  such  a  notice,  I  coidd  not  make  my  ap- 
pearance at  the  meeting.  I  was  one  of  those  who  were  condcinned 
without  being  heard.     If  I  w(;nt,  I  would  have  to  appeal  to  an  audience 


MEETINO   IN  HALIFAX. 


2G7 


wlio  lia<l  |»rt'vii)iisly  fornn'il  tliiir  opinion-:.  All  lliiit  I  <i)iil(l  do  \v!»-:,  to 
adilrcs-  a  noli'  l<)  iIk'  cliiiinniui  ol'  tliat  incctinjr.  <'allin'^  liis  allrntion  to 
tlio  tiTiiis  ot'  till'  nolicc.  ami  slatinir  the  iva-oii^  why  I  did  not  attend.  I 
then  consnltfd  with  my  cullcaj^iic's,  and  put  tlu'  ((Mfstioii,  Should  Wf  tak(( 
that  oui'-.-idi'd  infctinir  !i>  an  cxprcs-ion  of  pnhlii-  ^^•(•linL^  or  ^-hoIdd  \V(; 
call  tlic  coninuMiity  logrtiiri',  and,  al'lrr  a  lull  t'xpo-iiion  of  our  puhlic  con- 
duct, ask  for  a  d».'('ision.  without  undue  iulluenee  or  inliniidation.  It  was 
at  fir-t  intcndeil  to  send  a  reiiui-ilion  to  the  Sherill",  liul  it   was  found,  in 

leeii   paradinir  tiie  eounnu- 


ni 


Idition  to  the  notiees,  that  iudividnals  had  !> 


iiilv.  ('auva»>ini,'  fiu'  support  to  their  views,  u.-in,!Lf  iiuiniidatioii,  and  niakini; 
use  of  languajj^e,  whieii,  if  a-  stali'd,  was  unjust  in  tlie  hiiihesl  dcLliM-e. 
It  was  then  felt  that  no  time  was  to  1»o  lost  ;  that  it.  woidd  lie  unwise  to 
wait  for  a  ;^eneral  rei|ui~liion.  hut  that,  on  the  spur  of  the  moment,  it 
was  our  duty  to  call  our  constituents  logotlier,  and  apjieal  to  theiii 
hroadly  and  liiiidy.  This  meetin<:;  lias  hecn  assenililed  aceordinirly  ;  and 
I  see  hofore  me  men  of  all  shades  of  opinion,  of  all  ranks  and  classes  — 
men  who,  I   hope,  whatever  they  have   lieen   induced  to   do  or  to  si 


g"» 


e  come  liere  to 


luiv 

sion   of  the   sul 


and  to  decide  for  theniMdves,  after  a  full  discus 


ijeets    whieli    have 


eiiLraired    their    attention.      To   this 


meeting,  a-  to  my  con-titueiils,  on  all  occasions,  I  am  content  to  appeal. 
I  never  shrink  from  res|ionsiIiiliiy  of  any  kind.  I  have  never  wanted 
the  courage  to  appeal  to  them  openly,  though  I  might  want  the  temerity 
to  apiieal  to  their  private  prejudices,  \>y  the  circulation  of  slanders  •which 
I  dare  not  avow  in  puldic. 

The  iiarties  to  he  put  on   tlieii-  trial  this  day,  are  the  members  for  the 
town   and  county  of  Halifax,  and   the  IIoum'  of  Assembly  at   one  side, 


am 


1  the  (lovernor  and   his   administration,  on   the  other. 


V  an 


I 


[IVOR 


feeling  what  a  wide  contrast  there  is  between  the  power  ot'  the  parties? 
Had  I  the  entire  pati'onage  of  the  eonnlry  at  my  disposal  —  had  I  twelve 
Executive  and  twenty  Legislative  Councilloisliips  to  bestow  —  had  I  in- 
fluence over  every  appointment  in  the  country  —  could  I  send  my  aids 
aliroad  to  cainass,  how  easily  could  I  assemble  in  this  room  two  hundred 
persons,  who  woidd  be  di-^po«ed,  under  any  eircuinstances.  to  take  the 
most  favorable  view  of  my  j>ublic  conduct.  What  a  dillerent  situation 
do  I  stand  in  !  Can  1  lirilie  or  intimidate  an  individual  in  this  room  f  I 
stand  before  you  on  my  public  character,  to  be  condemned  or  not,  without 
favor  or  adection.  If  I  have  not  truth  and  justice,  and  a  good  caus<', 
then  have  I  nothing  to  defend  me.      I  did  not  attend  the  meetinsr  on  Sat- 


urday, l)Ut  I  found  that  many  in  that  a-.-emblage 


I 


'xcepf  many  worthy 


persons  for  who-e  characters  I  have  the  highest  respect,  who  wouM  take 
a  conscientious  view,  and  make  up  their  minds,  influenced  oii\y  by  what 


!      I 

H 


iii. 


I  i? 


!:li 


2G8 


MKKTIXr,    IN    HALIFAX. 


li  'I 


It  :.; 


tlicy  tIioiip:lit  (ho  intorcsts  ot'  tin'  cniiiilry,  —  wci-c  llic  stoiuly  opponents 
(»r  tlic  popiihir  cause.  "Winn  I  IdiUrd  ;it  the  Ictidir-;  of  that  nicctiiij^  — 
Ihox-  wild  hiiil  caiiva-iscd  the  pcuplr,  and  herded  llieiu  toL^ether  —  thoso 
who  were  tlie  l»ell-wethers  in  the  niovenient,  I  t'nnnd  that  they  wefe  of 
tho  same  party  atrain«t  whom  I  have  hern  .-inijrirHn;^  lor  the  hi.-t  twelve 
years.  Amon;^  them  then'  were  one  or  two,  who,  I  iiiKh'rstand,  in  their 
private  canvass,  made  n-e  of  my  name  in  a  inamier  that,  as  a  puhlic 
man,  I  will  not  allow.  1  a-k  of  .Mr.  I'-.  Canard,  senior,  wheiher  he  took 
liherljes  with  my  name,  and  wheihi'i'  he  is  prepared  to  answer? 

Mv.  11.  Ciniard.     I  am  hei-e.  and  will  an>wer.     1  did  not. 

Mv.  Howe.  1  ask  him  whether  h(>  s.aid  that  I  was  nnuiiiiL;  the  .«amo 
course  as  I'apiiieaii,  and  oiiuhl  to  have  had  my  head  otl"  three  years 
ago  ? 

I\lr.  C'nnanl.  1  did  not.  I  said  that  the  rcsidnlions  whitdi  passed  the 
Assemlily  were  somethiiiir  similar  to  the  I'apineau  concern. 

Mv.  Howe.  'J'hc-;e  are  matters  to  be  ojx'iily  and  iVcely  di:<cu.s:!ed.  I 
have  no  concealments  to  make. 

J\Ir.  Cimard.     Ilavinj,'  heen  thus  cii-idid,  I  a-k  lor  your  atithor. 

Mv.  Howe.     Mv.  Conra<l  West. 

[Some  altercation  ensned  helween  Mv.  Cunard  and  Mr.  Wer-t,  amidst 
cries  of  *•  ( )rder."] 

J\Ir.  C.  W<'st  to  ."Mr.  Howe.  Mv.  Cunard  said  that  you  were  a  Pa- 
pineau,and  that  there  would  he  a  revolution  in  the  eoimtry  in  a  few  years. 
It  was  not  Mr.  Cunard  that  spoke  of  ynr  head  being  taken  oil". 

Mr.  Cunard.      I  deny  the  whole  of  it. 

Mv.  Howe  eont.imed.  If  Mr.  Cunard  di-avows  tin;  I'xpressions,  and 
there  has  been  any  mistake,  there  is  no  cause  of  offence  on  my  part.  I 
came  to  the  meetinar  j)repare(l  lor  I'etalialion,  but  as  the  ofl'ensive  expres- 
sions have  been  denied.  I  will  pass  them  by.  It  is  true,  lioweNcr,  that 
the  meeting  of  Saturday  met  to  condemn  the  conduct  of  the  town  and 
eoinily  members.  I  was  not  nnich  surprised  at  tlu'  i'actjbr  I  recollected 
that  the  i)arly  were  not  always  very  W(dl  plea>e<l  with  the  memliers  they 
mamifactin'ed  themselve~.  ]n  former  limes  they  came  i'orward  to  put  in 
Mv.  Fairiiaidvs  and  turn  out  Mv.  Voimg;  t'iien  they  put  up  ^Ir.  Deblois 
to  tinii  out  .Mr.  Fairbanks,  but  Mv.  Fairbanks's  friends  being  loo  strong, 
tiiey  n)ad(!  a  mist.ake,  and  tin-ned  out  their  frieiul  3Ir.  iMurdoch. 

Mr.  Deblois.     I  was  not  put  up  to  oppose  3Ir.  Fairbanks.  . 

Mv.  Howe  eoiuiuued.  J5y  and  liy  the  i)eo[)l(;  of  Halifax  became 
tired  of  these  members  '"made  to  ordei-,"  and  took  the  matter  into  their 
own  hands.  'I'heii  Mr.  ^Murdoch  was  brought  Ibrward  to  divide  a  unani- 
mous feeling,  and  i)Ut  down   the   sy.-teiu  of  public  nomination.     The 


n 


MKF,T1N<;    IN   HALIFAX. 


2G9 


Jiislory  of  tlif  pn-'t  siitisfird  iiiin  iliat  {]\i)<o.  jjciiili'mcn  wlm  liml  now  at- 
tarki'il  lilt'  iiii'tnlii'iN  uf  ilii'  A<-<'iiil)ly.  wen-  cliiiri.'i'alili'  wiili  r(ii\-.i(|rnil)lo 
viicillatioii,  tor  lln  y  Ii;i'l  imt  I'orward  si-mtuI  who  tiki  not  sati:-!}'  tlicui- 
sclvc-'. 

On    wliat    |iriii<'ii>l('-<   uitc    F    ami    my  collca'^iK'-*  clccli'd   to   tin;  A.h- 
sfinliU  ?     ( )iir  plcil^is  wvvf  llial  wi;   wniild  nidcavor  to  diminish   pul)- 


lic  t' 


xpcmlilMrc,  and  mcrca-c  ttn-  |iu|iii!ar  mtlm'nc 


[C 


rics 


of  "XIOOO 


to  llic  dclc''atc-. 


Silence."  ••(  )l'del-."J  I  will  procecii  to  «llo\V  ||(»\V  tlll'SO 
plc(l'j;es  lia\e  lieen  i'llllilled.  In  the  fust  se<->i(iM  of  tlie  pre-eni  As- 
sciiililv  the  |iul)!if  expenditure  \va->  redueed  t'.'looo  a  year.  'J'lie  first 
pled,'_'e  \\:\<  failhf(dly  kept,  so  far  a-  the  piiwer  of  the  A'^-emljly  went. 
Then  tiio  Conncil  dours  were  openeil ;  the  jiidvr<'s  were  renioveil  from 
the  Coinicils ;  tin'  old  hank  inlliience  wa-<  neutralized;  iIk;  Le.!.'i>lative 
and  Exccntivc  Councils  were  divided;  and  ha<t,  thou,<;h  not  least,  th(i 
(Quadrennial  Uill  wa>  pa-^-ed.  that  whieii  irives  this  nu-etinjj  an  oppor- 
tunity of  e.\pre-<in;_'  their  opinion  on  the  conduct  of  their  memheiv  three 
years  hefore  they  would   have  had  it    imder   the  old  system.     Thus  was 


tl 


i(!  seconi 


I  pled. 


;ei.t. 


\v 


lo  now  ( 


loulited  that  all  thcst!  measures  were 


good?  lint  I  could  piiini  lo  -nine  of  the  party,  I  do  not  mean  the  hody 
of  the  people  —  soineol'  I  lie  leader-  and  movers  at  the  late  jittempt  at 
n.tritalion  —  lhe<e,  and  iheii'  friend-  in  and  out  of  tin'  nou<e,  opposed 
.•dmo>t  eveiy  one  of  the  eonce— ion-  thus  ohiained,  and  which  went  to 
increa-e  the  pO|iular  power.  Tiie  file  meetinii;  was  called  to  lind  fault 
with  the  memhers.  The  worthy  ;j;i.'nlleman  who  was  in  the  chair  stated, 
as  hi-i  reason  lor  accept intr,  that  he  had  formerly  represented  th(^  town 
of  Halifax  ll»r  seven  years.  [Cries  of  '•  lie  is  a  lieitcr  man  than  you." 
"  Silence."  "Turn  him  out."]  lie  partici|)aii'd  in  the  feeding  of  the  meet- 
ing, anil  I  would  ask  that  gentleman,  when  he  charge-  the  present 
nemhers  with  doing  too  mmdi,  and  doing  it  violently,  might  not  himself 
be  charjied  with  doing  loo  little?     Why  had  not  he  saved  the  i.'3<»0U  a 


}■ 


ear?     If  he  did  not,  in  the  course  of  h 


IS  seven  year 


does  1 


le  not  owe 


some  account  for  allowing  the  expenditure  of  £2 1,000  that  might  have 
been  saved  ?  [Some  exclamations  were  here  made  by  a  person  who  bad 
repeatedly  interrupteel  the  speaker.  Cries  of  "Order"  and  "Silence" 
were  made  ;  the  individual  j)ersisted,  and  he  was  turned  out  of  the  room.] 

The  Chairman.  Would  it  not  be  better  to  confine  remarks  to  the 
purposes  for  which  the  meeting  was  called?  Are  you  not  straying, 
rather,  from  the  question. 

^Ir.  Howe.  I  am  coming  to  the  point.  To  accomplish  these  matters 
it  was  necessary  that  they  should  come  within  the  range  of  the  As- 
sembly's powers.  Other  things  were  dependent  on  the  sanction  of  the 
23*= 


•  1 1 

; 

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IMAGE  EVALUATION 
TEST  TARGET  (MT-3) 


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Mi  hi 

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1.4 


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Hiotographic 

Sciences 

Corporation 


23  WEST  MAIN  STREET 

WEBSTER,  N.Y.  14580 

(716)  872-4503 


4. 


4^5^"^^ 


270 


MEETING   IN  HALIFAX. 


rlS    rl. 


li 


aiitlioritlr.^  at  homo,  and  tlioy  ooiiM  only  be  reached  by  means  of  an  ad- 
dress It)  ihc  llirune. 

Mr.  Fillis.  A  (hreateniiig  addrc.'^s.  [Cries  of  "Turn  him  out." 
"Silciu'c."     "Order."] 

]\Ir.  lldwe.  I  am  not  talking  now  of  the  address  recently  passed,  but 
of  that  wiiirh  jiassed  in  tlic  lirst  session  of  the  House,  for  the  puriiose  of 
obtaining  tjie  sanction  of  tiie  home  authorities  to  changes  which  were 
tliought  necessary.  AVhile  passing  it,  the  same  party  that  now  opposed 
the  mrnibcrs  of  Assembly,  opposc'd  il,  in  the  House  and  out  of  it.  The 
same  cillirts  were  maile  to  prevent  that  address,  which  contained  no 
tlu'cat,  from  going  to  Kngland.  Yet  what  answer  was  received?  Tiic 
government  conceded  almost  evci-y  thing  that  was  asked,  and  sent  in- 
structions to  the  government,  which,  if  I  had  had  the  penning  of  them 
myself,  I  could  scarcely  iiave  jtcnncd  any  thing  that  woidd  have  been 
mon;  universally  acceptable.  Kcspccting  the  civil  list,  and  the  Councils, 
the  home  government  agreed  wilii  tiie  House,  It  was  stated  that  the 
crown  cared  nothing  about  tlie  sums  given  to  jtuljlic  ofTiccM-s,  provided 
they  wi'i'c  sullicient  for  their  maintenance ;  and  it  was  stated  tliat  they 
should  be  content  with  an  economical  arrangement.  Tliose  who  enjoyed 
the  eonlidence  of  the  country  wci'e  directed  to  be  introduced  into  tJie 
Councils,  so  that  a  united  acti(jn  of  the  different  branches  of  the  govern- 
ment might  be  formed,  and  the  wliole  be  made  to  harmonize  —  the  Assem- 
bly agri'eing  with  the  Executive.  Had  these  instructions  been  carried 
out,  and  their  s])irit  followed,  there  probably  would  have  been  no  more 
commotion,  —  no  agitation  about  res[)ousible  government  —  no  discussion 
about  the  frame-work  of  our  instiiutions,  for  several  years.  But,  in  the 
carrying  out,  all  was  marred.  Had  the  Legislative  Council  been  so  con- 
stituted, that  it  would  work  harmoniously  on  one  or  two  great  questions, 
there  would  have  been  but  little  dilliculty  respecting  the  Executive. 
Had  a  majority  of  the  Executive  been  composed  of  those  who  possessed 
the  confidence  of  the  country,  the  otiier  could  have  been  gradually 
moulded  as  vacancies  occurred.  Did  we  make  it  a  charge  that  the  Gov- 
ernor did  not  make  both  Councils  of  one  character  immediately,  or  that 
lie  did  not  omit  all  the  old  members  of  Council?  No.  The  feeling 
was,  that  one  or  other  of  the  Councils  shoidd  be  made  to  sympathize 
with  the  House.  It  was  not  ex|>ected  that  both  should  be  governed  by 
the  House.  If  one  were  wrong  it  would  not  be  minded,  but  both  were 
so  constructed,  th.at  the  House  were  satisfied  the  moment  the  appoint- 
ments appeared,  that  two  or  three  great  (juestions  could  not  be  carried. 
AV^hat  were  these  measures  ?  It  had  been  said  that  nearly  every  thing 
passed  the  Councils,  but  I  will  state  what  has  not  passed  —  the  bill  for 


¥■    i; 


T^ 

w 

1 

MEETING    IN   HALIFAX. 


271 


)lM)iiit- 
■arriccl. 


Mill'. 


vcdncin.ir  di''  ''xpciiscs  of  tlio  civil  li.-t,  ami  thai  aiTaiiLiiii,!^;  lln'  jiuliralory 
of  llic  J'roviiU'c.  IJc.-pcctiii;^  tlicsc,  topic.-.  iIk;  home  pncriunciiL  cx- 
])rcs.-c<l  a  degree  of  liheralily  whicli  the  people  of  j\ova  Scotia  ought  to 
he  thankful  for.  The  goviTiiineiit  iiiaile  some,  speeillc  propositions,  but, 
from  the  Avlioh;  tenor  of  the  dispatch,  it  was  evident  lliat  if  the  Colonial 
parties  could  agree,  there  would  he  hut  lillle  fear  of  any  disagreement  at 
home.  TIk;  appointment  to  hotli  Councils  made  it  impo--ii)Ie  that  parties 
here  eonld  agree.  At  the  time  ].,ord  Durham  came  ou(  to  Canada,  the 
Councils  were  again  dissolved;  llu;  House  prom|itiy  remoii>lrated  with 
the  Governor, but  the  old  sy^-tem  was  confirmed.  Tlie  next  >lep  thought, 
of  was  to  send  deleirates  to  Canada,  to  th(!  Clovernor  (ieiieraL  When 
(hat  was  projiosed,  many  of  the  gentlemen  wdio  h(dd  the  lueeiing  the 
other  day  were  outrageous  at  the  proposition,  and  ihe  measure  was 
finally  defeated.  AVhat  was  the  re.-iilt?  His  L()rd>lii])  ai'iiveil  in 
Canada,  and  a  mis-ion  to  him  was  made  up,  and  sent  by  Sir  Colin 
Campbell,  ehielly  from  the  oilier  side  ;  I  say  the  other,  becau-i'  when  the 
popular  parly  had  but  om;  V(/ice  in  the  delegation,  the  inlhieiiee  might  be 
said  to  be  arranged,  as  in  otlic'r  matters,  to  secure  ;i  prepoiideiance  ibr 
one  parly. 

In  its  second  .session  the  House  found  matters  in  the  .-;iiii:'  -lale,  and 
passed  anotlu.'r  address,  com|)laining  that  the  changes  which  they  had  a 
right  to  ex[)eet  had  not  I)eeii  made".  AVheii  that  went  home  the  miui-iry 
■were  much  oeeupieil  in  imporlant  eoiieerns,  in  the  face  of  a  ^tmng  opjio- 
i?itioii,  and  were  waiting  fin*  the  report  of  J.orcl  Durham;  and  ihey  did 
not  take  the  steps  which  the  Assemldy  thought  iiece>.-ary.  Jn  the  third 
session  a  didegation  was  considered  tidvisable  to  ex[ilain  the  \iews  of 
the  Hou.se  and  remove  existing  diOiculties  on  several  sul)jeets  ;  to  .'^liow 
what  wrong  princi[des  were  in  operation  in  .-ome  ca-es ;  and  how,  in 
others,  details  had  not  been  carried  out.  1  may  l-e  a-ke<l  what  was 
obtained  by  that  step?  I  answer,  they  have  o[)ened  tla^  outports  of  the 
Province.  1  know  that  in  town  a  cry  has  been  got  ui)  on  that  subject. 
But,  gentlemen,  can  the  town  be  ruined  by  the  prosperity  of  its  neigh- 
bors. It  is  preposterous.  All  would  jirosper  together.  In  another  de- 
partment the  delegation  had  effected  a  saving  of  about  the  same,  sum  per 
annum  wdiich  the  delegation  cost  ;  I  allude  to  the  post  oiriee.  The  main 
grounds  of  complaint  were,  that  the  Constitution  of  the  country  was 
such  that  the  branches  did  not  harmonize,  and  bills  could  not  be  passed 
Avhicli  weiH^  essential  to  matter.s  of  economy,  and  that  the  whole  admin- 
istration was  in  the  hands  of  the  minority.  When  it  was  ibund  that  two 
nuMiibers  of  Assembly  were  going  to  England,  two  memlters  of  the  J^eg- 
islalivc  Council  were  .selected  to  opiiose  them.     Then  came  the  (luestion 


^ 


!  I  'i' 


! '  i 


;  I 


It 


ii'iii' 


Mi 


mi^I';tin(;  in  iiaijkax. 


;     I 


.'k   ;: 


(>r  |);iy.  Tlic  House  said  il  finild  iiol  pay  tliosi"  wlio  weir  i^oiiip;  liomi^ 
lo  (Id'cat  wlial  tlicy  wanlcil  lo  tlli-cl  ;  tlicy  iiii^^Iil  as  well  approprialc  one, 
tlioiisaml  |Hiiiii(ls  I'or  (lie  liiiildiiin  ol'  a  luid^c,  and  v^ixc  aiiollicr  lliniisaiid 
to  aiiollirr  pai'ly  I'oV  |iiiIIinLl  ''  down.  'I'lic  consciiuciK  r  \\a-,  lliat  lliosc 
ulio  rr|irc-<'nlrd  llic  Asscmlily  in  l-midon  liad  lo  i;o  without  liicir 
cx|i('n>c-.  anil  tlic  ('\|i(  rinicc  ot'llic  dricualion  was,  Ihal  on  maiiv  oI'iIk! 
jirt'al  (ini'^llons,  iUo  L^^cntlcnicn  (Voni  llic  Lci^islativc  Conncil  did  llicir 
Ix'sl  (o  dd'cal  llic  vicus  of  llic  Ilonsc. 

'i'lic  nicclinu;  will  x'c  that  my  ohxTvation-:  licar  on  llic  cniiduci  oC  ilu> 
laciilciianl  (iovciiior.  In  (lie  liist  piaci'  llic  plain  inslriiclions  oi'  Lord 
(ilciicl^  Were  not  carried  iiilo  clli'cl.  Anyone  nii;;lit  he  sali.-iicd  oi'lliat 
liy  looLiiiL:;  at  llic  docnnicnls,  and  llic  scleclioiis  llial  liad  been  niailc  under 
llwin.  I  liclicxc  llial  llic  eireiiinslances  ol"  |lie  eoiiulry  were  siicli  lliat 
llic  in.-lriielions  iiii;.;lil  Iiaxc  licen  olicyed.  '.!'  parlies  wlio  liad  llic  power 
\vi>licil  lo  do  >o.  Il  was  all  \  cry  well  lo  >eleet  two  ^enllenien  lo  icpro 
sciil  llic  local  LioNcrnmcnt  ;  lint  llie  Iwo  who  were  ajipointcd  were  known 
to  Imld  prclly  \\\'j.\\  notions  with  regard  to  the  ticiicral  eoiidiiet  rnd  opin- 
ions ol'  ihc  Asscmlily.  (icnllcmen  may  say  thai  lliesc  dclciralcs  had  a 
riiilil  lo  their  opinions ;  so  llicy  had;  lint  my  ar^mncnl  Li'ocs  lo  ^liow 
thai  llie  M'lcclions  ii'ave  plain  intimatitin  ol' what  kind  of  work  was  lo  be 
ilone. 

One  ol"  tli(>  delegates  ol"  liic  lionse  was  my  IVieiid  ]\Ir.  IIuiiliii!2;loii, 
It  was  immcdiatt'ly  llaind  by  his  oiiponcnts  thai,  diirinii'  the  Canadian 
rebellion,  \vlien  llier(>  was  much  excilcnicnt,  and  e\('ry  one  was  raying 
every  ihiii^;'  that  came  roremo-t,  he  had  ii.-cd  some  siroiii:;  expressions. 
The  lad  is  thai  Mr.  I  Iiinliim'ton  has  a  nervous  atl'cction  of  the  heart 
which  makes  him  irritable  at  limes,  (iciitlemen  may  lanuli.  but  1  hope 
none  of  tluaii  may  cM'r  have  such  an  alli'dion.  JMr.  llmitinii'ton.  il  ap- 
pears, had  inad(~  use  ol'  some  strong  ex|)ressioiis  ;  but  iiol  stronger  ihaii 
was  n-ed  by  lil'iy  members  of  I'arliamenl.  and  at  meetings  in  llie  mother 
eounlry.  Ibit  what  was  the  ib(>  made  of  il,  in  order  lo  de>lroy  llie  inllii- 
enee  of  ilie  A-scmbly?  Allidavits  were  prejiared  and  forwarded  to 
Kiigland  lor  the  purpose  of  making  the  government  believe  llial  ^Fr. 
lluntinglon  was  a  ilisloyal  man.  \ow  gentleman,  I  ask,  it'  an  individ- 
ual were  to  go  round  the  eenmumity,  at  almost  any  time,  and  lake  down 
the  words  made  u>e  of  in  conversation,  how  would  llicy  ajipear?  I 
heard  a  gentleman  ^'ly  tlial  one  ot' the  highest  public  fuuclionaries  of  llie 
Province,  during  recent  proceedings,  called  the  ()iieen  a  '•  damned  lilth; 
radieal."  Suppose  an  allidavit  were  hatched  up  on  that  expression  and 
sent  home.  An  ollicial  personage  al>o  said  that  Her  IVIajesi^-'s  present 
ministers    ought    to   have    been   lumg.     Tlieso    were   the   genth'inanly 


!  ::;l!, 


MKETIXC    IN    HALIFAX. 


273 


.1  ;'\ 


•art 
lopc 
ap- 
ian 
lior 
In- 
to 

ill- 

>\vn 
I 

he 

Ah', 
iiid 
cut 
a]y 


rxi)ro.«siiiii.-i  tlial  liad  liccn  used  on  llir,  ollirr  .'-iilr.  We,  i^Miitlciiicn, 
never  lliink  ol'  Miakiiii;;  up  allidavlls  alioiil  .-ucli  lliiiii.'-,  we  have  a  spirit 
aIio\('  sncli  niDiles  ol'  nppd-iiioii.  Did  .Mr.  I  limlin^ltin  dc-ei-Nc  >urli 
Irealiiienl  ?  I  helleve  lie  is  alnio-t  llie  only  man  in  llie  I  Iuii~c,  except 
liic  <ild  soldiir  al()ii^si(l('  of  nic  [.Mr.  I''()rrester )  wlio  ever  lired  oil"  a 
<j;Mn  in  delenee  of  llie  connlry  a^^ainst  tlie  Yankee-.  Durinif  llie.  ia-t 
Anieiiean  war,  an  enemy's  vessel  weiil  aloii'j;  IIh'  ena-t  m  ar  ^'ariiKnitli, 
spreading.;  alarm.  One  iiii.dil  news  eaiue  llial  her  crew  wi're  landiiiLr,  and 
lie  |irineipal  |)ei',-nii  who  rallied  the  people  was  old  .Mr.  lIiinliiiLilon, 
who,  with  liis  llii'ee  hoys,  llie  present  iiieiiilier  ;imoni^  lliem,  and  soiik! 
others  oi'  his  ('om|iany  tni'iied  onl,  heal  the  hoal  oil',  and  killed  and 
wonndiil  ,-i.\  or  ei^lit  of  the  enemy.  'I'liis  allidavil,  however,  e\hihiled 
llie  kind  ol'  pelly  arls  llial  the  House  had  had  to  eoiilend  with.  Thus 
men  were  misrepre>eiiled  and  ,-tiuinali/.ed  lor  their  opinions.  [Mr.  I  lalli- 
hiirlon  askeii  il' Mr.  IIiinlin;:;lon  was  not  oppo-eil  lo  monareliieal  ;j;overn- 
nuMil.]  It  is  a>keil  if  the  hoiioraltle  j^-eiilh-man  is  not  oppos('d  to  nio- 
n.'nvhieal  jiriiieiples.  He  is  not;  hut  hi^  is  opposed  lo  any  LTovernment  by 
u  eli(iiie  or  a  ]iarly;  he  admires  the.  llritish  ('on.-liliilion,  and  the  dear- 
fst  wish  oi'  his  hearl  is  to  .-ee  thai  Con-lilnlion,  in  all  ils  pni'ily,  llonr- 
isliini;'  in  the  conntry.  lly  this,  and  olln'r  matters,  il  was  plain  that  the 
entire  inllneiice.  ol'  the  ( <o\ criior,  and  the  Mxeenlivc  and  I.etii-Iativc 
Conncils  was  placed  in  oppo-illoii  to  the  House  in  llie  nei;()liations  ;  and 
tiiey  were  relernMl  lo  ;i  Colonial  Secrelary,  who  was  I'elaleil  Iiy  mar- 
ria.t^c  to  llu^  (iovernor  liim.-eU'.  Willi  these  comhiiiatioiis  to  >lrnjr,^I(i 
with,  it  was  not  possihie  lor  liic  del(\i!;ales  of  the  House  to  accomjili.sli 
more  than  tliey  di(K 

AVhilc  they  were  absent,  nnieh  discussion  nvo.'C.  on  resiionsible  ;r;ovcrn- 
mcnt ;  and  I  may  b(i  askeil  what  that  term  uii'ans.  It  means  that  the 
Execntivc,  wdiich  is  to  carry  on  th  adminisi  ration  of  the  connlry,  should 
.sympathize  with,  to  a  lai'Li'e  extent,  and  Ix;  inllucnced  by,  and  when 
proper,  be  composed  of,  to  a  cei'lain  de<j;rec,  those  who  possess  the  confi- 
dence of  the  country.  That  is  the  way  the  matter  is  nnderstood  at 
home  ;  this  is  what  was  contended  for  iiere,  and  wonld  be  sonirht  nntil 
oI)tained.  1,  ^■entlemen,  I'ldt  it  my  duly  to  tak(!  part  in  tin;  dir-cnssion  of 
this  (jiicstion.  I'ersons  opp()>ed  to  me  were  continnally  atlrlbnting  to 
lue  all  sorts  of  wild  o[)inioiis,  iinlil  parlies  were  made  to  behe\  <;  that  if 
1  did  not  set  ilre  to  tlu!  mines  and  lilow  np  the  I'rovince,  1  would  at 
least  let  in  (he  Hay  of  Fundy  in  the  rear,  and  swamp  the  whole.  1  was 
said  to  have  all  sorts  of  wild  vagiu'ies  in  my  head,  and  1  lliou,!j;lit  tliat  the 
better  way  was  to  let  the  people  see  Avliat  my  opinions  were,  and  what  I 
wauled.     Therefore  I  published  my  views.     1    laid  them    before    the 


m 


I      ■' 


tin 


.1 


:|  :^.!! 


II  m.i 


i'^il 


274 


MEETING   TN  HALIFAX. 


country  in  a  |Kiin[i!ilct 


til 


went  into  llir  adioininK  Colonies,  and  never 


i!  i; 


U 


111 


yet  have  I  seen  an  argument  whieli  at  all  ovt'iliinis  the  general  princi- 
ples advocated.  Wen;  these  views  extraordinary,  and  cdnfined  to  a  nar- 
row circle  ?  Lord  Diirham's  opinions  and  condnct  sanctioned  the  princi- 
ples ;  the  government  at  home  agree  to  the  practice  in  its  Cull  extent, 
althongh  at  first  they  ratlnn*  started  at  the  theory.  New  l>rnn>wick  also 
supported  the  views  of  the  Assembly  ;  they  passed  on<^  resolution  in 
favor  of  the  principles  without  a  division,  and  another  going  the  Avholo 
length  ■with  a  minority  of  four  only.  But  who  else  keep  the  Assembly 
of  Nova  Scotia  in  countenance?  Sir  John  Harvey  and  the  Governor 
General.  These  principles  have  nt)t  been  long  or  ardently  discussed, 
yet  the  whole  of  British  America  understands  thein,  because  they  arc 
based  on  the  British  Constitution  ;  they  lie  at  the  foundation  of  good 
government,  and  are  felt  necessary  i'or  the  safety  and  2)rosperity  of  those 
who  inherit  the  feelings  of  Britons. 

I  now  come  to  the  Ia~;t  session  of  the  Legislature",  and  what  was  the 
position  of  afliiirs  at  its  commencement?  The  Assembly  saw  that  no 
change  of  any  importance  had  been  made  in  either  of  the  Councils. 
The  resolutions  against  the  Executive  Council  were  passed,  because  at 
an  early  period  of  the  session  it  was  seen,  that  unless  a  responsible 
Council  was  obtained,  it  was  useless  to  atteiii])!  the  adjustment  of  one  or 
two  great  questions  which  were  before  the  House.  The  session  also  was 
commenced  under  greatly  altered  views.  Lord  John  RusseU's  dis- 
patch had  been  received,  and  what  was  the  purport  of  that  document? 
Its  object  was  to  get  rid  of  the  numerous  relerences  to  England  by  giv- 
ing the  Governor  of  the  Colony  sullicieiit  power  to  carry  on  the  local 
government. 

The  House  then  passi'd  four  resolutions  condemnatory  of  the  policy 
of  the  Executive  Council,  and  took  them  to  the  Governor.  TIk;  answer 
Avas,  that  the  Governor  was  satisfied  with  them,  that  the  House  had  sent 
delegates  home,  and  that  the  marcpiis  of  Normanby  had  stated  that  he 
would  not  interfere  as  regarded  the  existing  Councils.  The  House  then 
passed  an  address  to  His  Excellency,  calling  his  attention  to  the  dispatch 
of  Lord  John  Russell,  and  to  the  opinions  of  the  Governor  General  and 
Sir  John  Harvey.  The  answer  to  that  was,  that  he  would  irfer  the 
whole  matter  to  England.  The  meeting  of  Saturday  considered  that  the 
Assembly  should  have  waited  the  result  of  that  reference.  Of  what  use 
could  another  reference  be?  "With  our  own  delegates  on  the  spot,  there 
was  influence  sufficient  to  counterwork  us;  and  on  their  retui'n  we  could 
not  pay  them  out  of  the  people's  chest  without  wasting  another  £1000, 
and  therefore  could  not  send  them  again.     What  could  be  expected  of  a 


■iV. 


MEETINO    IX    IIAI.IFAX. 


275 


Iswer 

sent 

it  he 

then 

latch 

and 

the 

the 

use 

Here 

buld 

100, 

lof  .1 


further  reforcnce ?  To  whom  would  the  nmtlcr  Ik;  nifcrrod?  To  the 
delegate  of  the  Governor  and  Council,  Mv.  Stewart,  avIio  was  -till  in 
England,  and  to  two  or  three  other  Couueillors  who  were  aUo  there,  and 
Avho.-e  influence  couM  he  ,=aiV'ly  rcckoneil  on,  while  the  Assemhly  had  no 
influence  to  urge  its  views.  Should  we  send  home  half  a  (jiiire  of  paper 
to  meet  the  active  ojiposition  of  those  treutlemen  ?  It  was  seen  that 
sueli  a  reference  would  be  destructive  of  what  we  considered  a  great 
public  bent'tit,  and  the  final  step  was  resolved  on.  AVe  passed  an 
address  to  the  crown,  praying  Hir  tlu'  i-emoval  of  the  Lieutenant  Gov- 
ernor. I  say  to  this  meeting  in  all  sincerity,  if  we  had  not  performed  that 
act  —  if  we  had  shrunk  from  it  —  if  we  had  failed  in  that  })art  of  our  duty, 
painful  as  it  was,  you  might  well  have  scoiUcmI  us  from  this  hall  tt)-day, 
and  have  withdrawn  your  confidence  from  those  who  aifccted  by  timidity, 
or  corruption,  or  ignorance,  had  failed  in  so  important  a  [)oint.  Why 
did  it  become  necessary  to  i)ass  that  address  to  the  throne?  Lord  John 
Russell  in  his  dispatch  said,  that  not  only  should  tliii  I'^xeeutive  (.'oun- 
cillors  and  heads  of  departments  l)e  subject  to  bi'  displaced  in  jjcditical 
exigencies,  but  that  a  change  in  the  person  of  the  (Jovernor  should  be 
considered  a  sufficient  reason  for  a  change  of  the  advisers  of  the  Execu- 
tive. Were  we  not  bound,  if  Ave  could  do  it  in  no  other  way,  to  get  that 
change,  Avhich  was  so  much  desired,  by  eflecting  a  change  of  the  CJov- 
ernor  ? 

AV^liy  Avas  it  necessary  to  have  harmony  here  between  the  Executive 
and  the  Legislature  ?  We  ])assed  recently  £  10,000  for  roads  and 
bridges,  and  in  whose  hands  was  it  placed  ?  Li  those  of  men  avIio  con- 
demned and  opposed  the  House.  The  whole  details  were  to  be  carried 
out  by  those  over  whom  there  was  not  the  slightest  influence.  Another 
reason  why  there  should  be  harmony,  and  why  the  government  should 
be  made  to  satisfy  the  people  was,  that  all  the  appointments  of  the  coun- 
try were  entirely  distributed  by  the  Council.  These  ran  through 
the  whole  country,  and  how  could  there  be  satisfaction,  quiet,  or 
peace,  in  a  Province  so  situated  ?  I  may  be  asked  what  was  the  exi- 
gency respecting  the  civil  list  and  the  judicatory  ?  why  were  we  not  eon- 
tented  with  what  was  obtained?  I  will  explain  the  nature  of  those 
measures.  The  expenses  to  be  effected  by  these  bills  amounted  to 
£7,G00 ;  by  the  bills  passed  by  the  House  and  rejected  in  the  Council, 
the  ultimate  expenditure,  after  the  decith  of  the  incumbents,  Avould  be 
£5,000.  The  main  object  Avas  to  effect  a  saving  of  £2,.j00  —  a  saving  to 
the  country,  but  not  to  the  party  Avho  ruled  the  countiy ;  it  Avould  take 
that  amount  of  patronage  from  that  party  Avho  pretty  much  relied  upon 
patronage  to  support  their  cause.    To  reduce  the  poAver  of  ruling  in 


't! 


I; 


\4h 


I 


Itli'li 


m  'M 


3 


'.rnV^l 


'It 

'    J  1  I      ■ 

i; 

■'        '         ^ 

'  |; 

j      I    !     .      ■     1 

i 

1  '■   '' 

If;, 

"  ■                ,                              i 

270 


MFKTINf!    IN   HALIFAX. 


tlinl  \v;iy.  wih   to   niliicc    (lie    pdwci-  of  iiilluciu'iii,;^  llic   l(>;iiliii,Lf  minds 
While  t'lic  II. 


loclllct  III 


line  I  lie  1  loll -I!  wiTf  ciKlciivoi'iML,'  ioi'llcct  lliis  .-avmjjf,  aiul  to  siciii'c  I  lie 
casuiil  and  triTitorial  revenue  to  llie  iMnnilry,  ulio  were  endi'avorini; 
to  increase  llie  expenditure-?  Tlie  .-alaiy  •)!'  Ilie  Master  of  tiie  Kolls  a 
lew  yeai's  a;f()  was  t'OdO,  hut  the  ca-nal  and  lerrilorial  I'eveiiiK;  ^vas  in  the 
hands  ol'  the  crown,  and  th(>  ssdary  was  now  I'-^l  2.  Diiriiiir  hist  year  sev- 
eral >inall  >iinis  were  tacked  on  in  lliai  way  out  of  tin'  I'cveiiiii',  v.Iii.di,  il' 
ropealed  to  the  nieeliiii:;  would  make  (hciu  laii'jii.  Anolln'rciii'ious  mat- 
ter liappened  (hn'iiiif  the  year;  iormerly  all  llie  piildic  odicer.s  were  paid 
in  (hdlais  al  \s,  h/.,  hut  they  now  conlrive  to  -vi  paid  in  sov<'reigiis  at 
L*").s'.  ;  ,-o  lliat  in  that  way,  every  .-alary  sell  led  on  the  ca-iiial  revenue, 
•was  increased  .1"'.)  lO.s'.  per  ceiil.  liow  did  it  liap]ieii  thai  wiiile  the 
House  stnigiiled  lor  reduction,  every  salary  had  Iteeii  thus  raised  ? 
AVhere  was  the  inlluence  to  accompli-h  this  increase?  Thes(!  Avorc^ 
some  of  tlie  accidents,  so  many  of  which,  occnrrinu;  within  the  last  i'onr 
years,  made  us  believe  that  they  were  not  accidents,  but  were  done  on 
system. 

lletbre  the  final  aihh'css  passed,  the  (wo  bills  had  Ijccn  deslroyecl. 
Had  nothing;  moi'c  been  done?  II'nolhinLr  more  had  l)een  done,  1  sun  not 
satisfied  that  that  address  would  have  been  urged.  l»ul  new  appoint- 
ments Avere  made.  I  may  Ix!  asked,  are  (hey  ikU  respectable  ?  I 
answer,  many  of  them  are.  3Iost  of  the  Lrentli'ineii  appointed  in  (own 
1  have  known  iVom  boyhood,  and  I  would  be  far  indeed  from  sayin;^  a 
disrespectiiil  word  of  any  of  them.  "Who  was  taken  from  C'nndierland  ? 
A  gentleman  wlio,  at  last  election,  o[ii)osed  both  members  who  represent 
iho  county.  Is  that  iair  ?  Shall  appoiiitinen!<  be  taken  from  tin; 
minority  in  (he  country  ?  AVould  the  town  sanclion  that?  Who  had 
been  taken  I'rom  Yarmouth  ?  A  rcs[)ectable  .and  wealthy,  and,  I  believe 
il  good  man  ;  but  one  Avho,  1  understand,  will  act  with  the  party  that 
oppose  the  three  gentlemen  who  reiiresent  that  counly  in  the  House.  I.< 
that  fair?  Is  that  the  way  to  make  the  House  and  Council  harmonize? 
There  was  one  other,  and  heaven  knows,  I  wish  (hat  it  had  not  been 
made.  Who  was  the  other  person  appointed  ?  1  will  say  nothing oileii- 
sive  about  him,  because  he  is  not  ])resent ;  but  it  may  be  sullicient  to 
say,  that  he  was  the  delegate  of  the  CJovernor  and  Legislative  Council, 
sent  to  oppose  the  House  of  Assembly.  AVhy  was  he  elevated  ?  After 
losing  his  seat  in  the  House  of  Assembly,  or  having  a  hard  contest  and 
not  much  chance  of  winning  it,  he  Avas  api)ointed  to  the  Legislative 
Council,  and  sent  to  England  to  oppose  (he  views  of  the  House,  taking 
his  share  of  the  £1000.  He  luul  been  sent  home  to  opi)ose  the  wishes  of 
the  country,  and  was  then  sent  out  to  govern  it.    All  this  was  done  before 


MKKTl.V!    TN    HA  1,1  TAX. 


277 


vVlter 
st  iind 
■^lative 
taking 

lo.s  of 
before 


tho  AssiMiiMy's  riiial  adilrc'-i  |iM-<ril.  Wa-;  iIhtc  aiiy  utlin-  -icp  ilmt  \Un 
Ildiisc  cinild  lake?  I  aiMn's.-j  myscU"  In  iIm'  calm  iiiiml-i  of  many  whom 
I  sec  liciore  nn' ;  many  aNo  who  may  not  a,Lri'<'i'  willi  mic  in  [Hililical 
opinions  on  some  pninls ;  and  I  think  tlicy  will  rctracr  any  steps  ihcy 
inav  liavi'  taken  on  the  siilijcci,  if  I  show  thrni  that  there  was  no  oilier 
Ve-olH'i'e  left  lo  liie  llon-e.  Could  Ilolhini^  el>e  he  done?  ^'es  ;  WO 
could  slop  the  snpplii's.  I  pul  il  to  you  lo  say  whether  it  would  lie  liet- 
tef  lo  slop  the  cii-cniation  of  i.'(iO.(ii>n  or  .1'70,()U()  throni^hoiit  the  country 
—  to  leave  the  s"hoo!s.  jnid  roads,  juid  hriilL'i's  toffodown.  !Uid  suspend  tho 
salaries  of  the  puMic  ollicei-s  who  (h'j)ended  on  the  vole  of  the  House,  or 
to  take  the  step  which  we  did. 

Wiiii'h  would  lie  the  wi-e-t  course;  to  occa-ioii  distress  and  confusion, 
or,  hy  a  simple  resolution,  to  desii'c  I  lis  Excellency's  recall  ?  I  helieve 
that  if  the  (!ov<'rnor  him-elf  was  left  the  choice,  —  I  think  I  know 
('nou<rli  <»f  him  to  he  ahle  lo  say,  —  that  his  (h'cision  would  he,  Do  not 
injuro  the  country  to  carry  a  pui)lie  nieasni-e,  pass  your  consnrc  on  mo, 
allow  me  to  pass  away,  let  >ome  one  else  coun'  in  my  |)lace,  and  (juiet- 
ness  he  the  irsull.  vVnolher  i-ea-oii  why  the  House  did  not  like  lo  stop 
the  supplies  was,  tiiat  that  was  the  Canadian  remedy; — and  ils  results 
were  confusion  and  wretchedness.  In  acting  as  the  House  did,  wliat 
example  did  we  follow?  That  of  a  count ly  that  could  not  he  charj^ed 
with  disatK.'ction.  —  tlu'  exanijile  ol'our  sislci-  province  of  New  I'rnnswick, 
'.vliose  people  are  of  well-known  loyally,  and  who  have  never  foi'i'eit'-'d 
tlieir  allegiance  to  tlu^  throne.  Persons  complain  that  the  languag<;  of 
the  address  is  strong.  I  ailmit  that  those  who  are  out  of  i)olilies,  who 
are  in  tho  ([uiet  walks  of  life,  may  measnre  their  exj)ressions  at  all  times  ; 
but  some  allowance  should  lie  made  for  those  who  are  engaged  amid  the 
ivarmtli  of  political  struggles,  if,  at  times,  tlu'y  jiut  rather  too  much 
animation  in  a  jtuhlic  docnmenl.  I  do  imt  admit  that  that  was  tlu;  case 
in  the  instance  before  the  nu'cting.  "What  was  th(>.  languag*;  of  New 
llrunswick  to  Sir  Archibald  Campbell?  They,  like  us,  never  got  .=:■:■•:- 
faction  until  they  declared  their  want  of  conlidence  in  their  Gove, 
accomplished  his  removal,  and  procured  another  in  his  place.  1  v^.il 
read  to  the  meeting  what  the  Legislature  of  Xew  lirunswick  said  :  "  lie- 
soh'pd,  As  the  opinion  of  this  committee,  that  in  thus  disobeying  the  com- 
mands of  His  ]Majesty,"  —  in  New  lirunswick,  as  here,  the  home  govern- 
ment was  with  the  people,  and  the  Governor  was  against  — "  and  in 
placing  himself  in  direct  opposition  to  the  recorded  opinions  of  the  Le- 
gislative Council  and  Assembly,  His  Excellency  the  Lieutenant  Gov- 
ernor, and  a  majority  of  the  Executive  Council,  have  entirely  forfeited 
the  conlidence  of  the  country."    That  was  the  step  the  sister  Province 

24 


I      iJ 


lv<l. 


;i- 


l=fi       5^ 


%      ^     %    I 


i!  4i.-- 


!';!, 


8f   '■ 
Eft 


\m 


278 


MI'niNC    IN    HALIFAX. 


■'  i 

iV 

1 

|i 

!  r\<- 

1 

Mi 

]\ 

W' 

•'■  ii 

ij 

todk.  tn  '/('I  viil  (iflliD-c  \i  !ji)  wdiilil  iKii  c.Mi'i'v  mil  til''  |HilIcy  nl'  (In'  li')!nr' 
ir<>\i'l'IIIIl('n|  ;    thill    v;i,   !m    cMllilpIr   Wiirlliv     ni'    N((\;l     Sent  i;u  ;illil    wlili'li 


I  iiii!  ildiic    .-I).  Sir  ( 'oliii 

till'!'    ( 


slic  iiii'jiil    lie    |ii''iii'l  to  riill'iw.      Sii|i|i'i-.('  we  h;ii 

(';iiii]il)('ll  iiiiLrlit  niiiaiii  li'i'  a  cini-^iili'i'Jililc  time,  or  niinllii'i'  (JosmMir 
Wdulil  coiiii'  tn  I'all  iiiJ'i  llii'  -iiiiii'  Iiaiiil-.  aiii|  |iiir-tn'  till'  ■auic  |hi||i'\-. 
"While  oil  thi-  pari  oi'iiiv  ,-iil)ieci.  I  will  allmle  lo  a  eliar^iri'  in  the  ja-l  lie- 
coriler  ;  I  ha\e  ila'  ]ia»~a;je  hi  re,  ami  will  r.ail  it  to  ihe  mi'illnu.  "  'I'lio 
measure  \va-  eoneocieil  liv  three  iii'liv  i'hial-.  Such  an  aiMre--  eniii.| 
only  liMVe  lieell  ill»lii;alei|  hy  jier-i'iial  leelillLir-.  iS-e.  It  was  well  known 
by  evei'v  lueinlier  of  the  Iloa-e,  ilial  Hi-  llxeelleiicy  hail  received  an 
iiitinialion  froin  the  heine  uo\(  I'hiiieiii.  thai,  as  he  could  not  <'on>I-tenily 
and  coii-eie!ili(iii-ly  cai'ry  oiil  the  jirinelple-;  liy  which.  Ilir  the  I'aiai'c, 
t]ie~e  ("oloiiie-  are  to  he  povei'iied.  hi-  -ervice .  woiiM  no  loiiL:'ii'  lie  ro- 
(|uii'ed."  _\.  charge  of  |iii'-o:!al  reeling'  i-  there  made  n;.!;ainst  :-oiiic  lliref! 
])ei'-ons.  who  are  .-iipiio-ed  f)  have  prepai'e  I  the  address.  Uetiire  this 
meetiii'i'  I  plead  (.niilty  to  tic  ceinpo-itioii  ol'  e\cry  line  ol'  it.  INIo-i  of 
it  ha(M)e(  n  prepari.'d  without  any  eoiwulta'.Ion  :  and  it  wa^  then  Hiliiiiil- 
le<l  to  a  eoinniillee  ol'  >e\eii  or  eiuhl  nieiiiliers,  when  some  sliuht  and 
mere  A'erhal  alteralimi-  wer'  maile.  I  take  the  whoh.'  re-punsihilily 
myself. 

On  this  point  I  will  .-!aie  hei'ore  the  pulilic,  that  two  days  liefore  the 
address  ])a>-ed.  I  had  a  full  eon\'er.-a(ion  with  the  (governor  on  the  snli- 
ject.  I  .'lated  to  him  ulia;  the  [irohalile  re-iilt  woaid  lie,  and  he  never 
intimated  that  he  had  lieen  or  expected  to  )»■  recalled,  and  i  do  not 
believe  that  a  -iiiLd''  mi'mher  ol'  the  Ibm-e  had  any  inliinuLion  that  that 
"Wits  the  ease.  V.'e  knew  ih.al  hi-  term  cl'  .-ervici;  liad  expin'd,  hat  we 
also  knew  that  .-o  lonv  a-  a  ( J.>\ern<ir  .u'oi's  on  preiiy  ([uietly,  and  ilieri! 
is  notliinjr  beitei-  to  oili.r  liim,  or  he  has  nolliiii;^-  lieiiei*  in  anticliialion, 
lie  ]<  often  allowed  to  I'einain.  There  was  lio  such  infoi'iiKition,  a-  that 
allndi'd  m  in  the  para;^raph  which  1  ha\e  I'cad.  hefoi-e  tlie  memhers  of 
the  As-emli!y.  and  I  (k'ny  the  -taleineni  i,/.  futi),  "W'hal,  I  may  a-k, 
was  the  nature  ol'  the  ci'iisure  pa-.-ed.  ?  It  was  said  to  be  an  insult  to  the. 
Queen's  repvesenttitivi'  ;uid  to  the  ()aei'n  her.-elf.  'What  was  the  een- 
snre?  It  declared  that  there  was  ;i  Av;uit  of  eonlidence  in  Jli.-i  Jvxcel- 
leney's  [lolicy,  that,  as  fai'  a-  th(>  Assembly  could  percidve,  he  was  ti  Tory, 
and  would  not  carry  out  "Whijj!;  [loliey  in  the  Colonies.  Had  the  lloiiso 
useil  ofiprobious  lauLinia^e?  had  they  called  the  Governor  a  tyram  r  ha<l 
they  yiven  him  a  jier.Miual  in-ull  ?  Xo  .stich  thin,!,' ;  they  passed  :i  [jolitieal 
censure  on  hi.s  p(ditii'al  conduct,  compkiined  of  ap[ioiiitments  coimecied 
•with  the  welfare  of  llie  country,  tiiid  ;i-ked  to  have  him  removed.  The 
request  was  not  on  personal  i'eeling,  but  fur  the  purpose  of  etfecling  a 
change  of  policy. 


MKKTIXC    IN   IIALIPAX. 


27'J 


"I  hi) 


I  liiWT  lici'ii  |irct(y  '■■orcly  ti'iiil  in  piililic  111"',  li'it  1  il'dni-i'  llmt  tlu' 
st'Vf'ivst  li'ial  ol'iiiy  lirc.tliiit  wliidi  ii  -t  ML'iiiiti'il  my  lio-mn.imil  wci'^Iinl 
fill  my  -iiiiriH.  mihI  <';iu-ci1  me  tlif  kccii"-i  |i;iiii  — tliiit  wliifli  I  wdiiM  mn-l 
('hullv  Iwivi;  I'lit  iiM'lr  ami  iiVdidr.l,  \va-  llir  iiinviii;^  jiml  ailvnciitiiitr  that 
jidiliM'--.  I  I'l'll  |irc!ty  iiiiicli  a-  a  -oMiii' woiiM,  wlio  -Ii'mM  lie  canril  diil 
(111  a  lii'IiiL''  parly,  lo  •IiumI  a  iii.ui  wlin  \\:\A  liri n  inipclli'il  \>y  circiiiiHlaiici'S 
fUiil  li:i'l  ailvi.-i.'l'S  inid  I'l'inii'.  I  r<li.  a,Illi(in'_fli  (■(Miiprllcd  liy  llir  Cdii-litii- 
lidii  td  liki'  til"'  Ai'H<  tli:'I  wri'c  laki'ii.  tliat  Hi-  I'lxi'f'llcncy  \va-<  riiiTdiiiKlcd 
1)y  pcr-dii-;  wild  were  iiiiUT  !o  lilamc  lliaii  ln'  liim-cir  was  ;  iiiid  if  ever  T 
IHTl'di'iiU'd  a  ta-k  with  a  licavy  licai'l.  It  \va-  llial.  AVIiil<'  \  stale  tlii>  I'di- 
mvscir,  I  kiidw  llial  I  can  a'l-dhr  dlln'is  IVoiii  all  maliu'iiitv  in  llic  mat- 
U'V,  !i>  I'iir  a<  r  Kii'iw  ili'Tc  wa-;  no  pcr-oiial  li'idin'j'  ihImmI  ii|)  i)i  die 
(|ui'-;|idii.  IlaviiiL'  pi'ifnni'.i'd  that  )iainfnl  duty,  I  and  my  cdUca^ruc-!,  ivv\ 
tli'J  (■uiiiitry  mcmlici's  avIio  v<itrd  with  ii<.  iVIl  tliat  all  that  could  Ixi  done 
W'iHddiio.  niid  llial  llir  ([uc-lioa  \va<  iiowtdli''  trii><l  out  Ity  the  pi'd|d(', — 
not  1iy  addiv<>('-J  —  in  Kugland  tlicy  were  too  min'li  a'-fiistdmcd  to  ad- 
dresses dii  cvi'iy  -idi',  to  va.liic  tlnjin  very  iiui'di  ;  iint  liy  oii'^-sidcd  m"('t- 
v.vj:<  of  tluvo  wlio  had  madi'  n[)  their  minds  —  hul  liy  th(?  general  elec- 
tions of  tin;  I'rovinco. 

I  now  appeal  to  yon,  —  1  put  the  maltei-  in  your  hands,  to  say  wlielhor 
wc  have  ddue  ri.Ldit  or  wronjr.  F  am  iif)l  Aviilidiit  some  suspicion,  how- 
ever, that  some  of  tho-e  v.ho  formerly  mannlaetnivMl  meniheis  for  Hali- 
fax, liavo  seized  on  the  censure  as  txlli)r(liiig  the  means  of  commencing 
an  elcotioneerinir  cam]iaign.  They  may  .-ym])atliize  with  the  Clovernor; 
bill  the  chief  sym|)alhics  of  some  of  them  an,-  for  the  eontlmiance  of  the 
system  which  he  helps  to  npliold,  and  which  a  n<;w  Governor  might  help 
to  d(stro3'. 

I  M-as  disposed,  gentlemen,  to  be  done  with  political  agitation;  T 
thought  it  v/as  uim(>cssary ;  but  T  heard  of  the  meeting  on  Saturday,  by  n 
notice  which  iM-ecluded  my  attendance.  It  called  those  only  who  con- 
curred in  condemning  certain  conduct  of  the  irousc,and  to  go  th(?re,  and 
appeal  to  a  meeting  of  one  side  oidy.  would  be  j-idioulous.  I  thought 
that  the  better  way  would  be  lo  a-scmble  the  whole  community,  and  an 
invitation  was  given  to  all.  Those  n(!W  around  uie  are  the  wealth  and 
sinew  of  the  community,  many  of  whom  are  ojiposed  to  me  in  politics. 
1  hojie  there  will  always  be  some  little  diiference  in  the  community. — 
opposition  is  useful  for  the  eliciting  of  truth.  I  did  not  attend  the  meet- 
ing on  Saturday,  but  the  reporter  was  there,  and  I  hold  in  my  hand  a 
list  of  the  chief  movers  and  speakers,  and  an  authentic  report  of  the 
speeches.  The  first  speaker  is  Mv.  Dcblois ;  that  is  all  very  Avell ; 
he,  however,  should  liavi;  recollect<;d  that  he  was  the  rejected  of  Halifax, 


«,. 


:*    1 


•i ' ;    I 


i  'Mv 


r«  ■' 


./•ill'    .;t' 


280 


MEKTIN(J    IN   HALIFAX. 


Mr.  T")iI(InI-i.     I  \v!i-i  not  (lie  r<j.'('t((l.     I  did  not  ofTor  a  sccoiul  tiiiu'. 

I  WOllliI    not   ilo  X). 

Mi:  Ilnwc.  I  ilioiiL'lit  till'  liniKir.'iIilc  pciitli'iiimi  Iiad  (lO'crciI,  jiml  !i>  I 
niistoiik,  I  lir;^'  liis  pui'ilmi.  Ill  tlir  Viri'  I'l'i'MiIi'lit'-s  chn'w  w,\<  Mv.  ,h\<- 
lice  Kcllli.  I  li;ivi'  no  olnjrctioii  |o  tli;il,  Mini  Iimvc  only  lo  siiy  lli;il  I 
like  hi--  nil'  liriti  r  tliaii  his  |Mtlilics.  Tlicii  my  worlliy  I'lirml  .Miijor 
I'liirbaiiks  iipiH'ui'cd  jh  a  proiiiiiicnf  speaker.  TIimI  was  all  ri;_dit 
«'ii()iiji,li  ;  Ills  liroilit'i-  was  out'  of  "IIki  jilorioiis  niiiiority,"  and  il  wa-* 
only  I'ratcnial  of  liiiu  lo  cover  his  I't.'trcat.  The  six'cch  ol"  M\:  Fair- 
banks adiiiils  that  the  Asscmldy  wen'  ri^^ht  in  all  their  proeeedinj];s,  ex- 
ce))t  ill  a~kiiii^  for  the  remedy  which  was  to  crown  all.  The  Hon.  Mr. 
Wilkins  was  also  one  of  the  speakers  at  the  meeting,  and  his  ppcoch  was 
rcspeotiiiLj  the  notice  l»y  which  it  was  convened. 

Mr.  "Wilkins.  T  thought  the  notice  a  i)r()))er  and  right  one.  The 
subject  liad  been  discussed,  and  it  was  !i  sensible  thing  to  call  a  meeting 
of  those  who  wen;  opposed  to  the  A?s(Mnbly's  address. 

Mr.  Tlowe.  Although  the  honorable  gentleman  is  not  among  the 
people  of  his  own  county,  lie  is  among  persons  who  respect  his  manly 
character.  T  must  say,  that  I  Avondered  lo  find  him,  the  ex-delegate, 
who  owns  no  freehold  in  this  county,  taking  a  part  in  a  Halifax  nieeling. 
I  meant,  however,  to  compliment  him  when  I  came  to  his  speech.  Mr. 
Smitli  was  another  of  the  speakers.  That  gentleman  is  a  lawyer  from 
the  West  Indies.  I  admit  the  worth  of  ]Mr.  Smith.  I  believe  he  is  a 
gentleman,  in  every  sense  of  the  w'ord ;  he  is  a  fine,  manly  lawyer;  he 
has  embarked  capital  in  the  country,  and  none  could  complain  of  his 
taking  a  part  in  the  proceedings.  J>ut  I  thought  it  was  a  good  joke,  to 
have  a  lawyer  come  from  a  slave  country  to  teach  the  IMue  Noses  liberty  ! 

Mr.  Smith.  I  attend  to-day  although  T  am  not  a  freeholder,  and  I 
trust  that  I  will  get  an  o[)i)ortunity  of  answering,  when  I  will  give  as 
good  as  I  get. 

Mr.  Howe.  Certainly;  and  it  will  be  no  wonder  if  I  get  as  good  as 
I  give,  for  the  learned  gentleman  has  had  nnich  more  practice  than  I 
have  had.  lie  seems  to  have  decided,  because  the  Blue  Noses  have 
more  liberty  than  the  slaves  had  before  he  left  the  West  Indies,  that 
they  should  be  content  and  think  they  had  enough.  Among  the  other 
speakers,  I  found  one  of  His  Excellency's  Colonial  aids-de-camp.  That 
was  well  enough;  but  it  seemed  rather  a  ((ueer  way  of  getting  an  ex- 
pression of  the  public  opinion.  In  short,  I  found  that  n<.'arly  all  the 
leaders  and  canvassers,  in  one  way  or  the  other,  had  some  I'easons  for 
pretty  strong  feelings  on  the  subject. 

Mr.  E.  Cunard,  junior,  said  that  he  had  not  said  any  thing  which 
was  incorrect. 


Mr:nTu\G  in  if.m.ii'ax 


281 


nil'. 


which 


Mr.  Howo.  T  iirwr  hcinl  ;iiiy  ililii.n  iKiliaml-ninc  of  iho  goiiilinmn,. 
ami  I  «I<'  t\nl  iliUiwl  In  s;iy  any  lliin.JC  to  dial  clll'Ct. 

1  iiuw  ccnii'  I'l  ilif  naliii'i'  nl'  tin-  >|ic(h'!ii'<  lliat  wm'  niailc  on  tho 
oc'i'a-ioii.  .Mr.  I''airlKink^  ^alil  Iw  wa-  pi' a-ii!  ii  Mini  on  llic  part  ol'  ihc 
A'^.-i'inlily  nml  lli'  jifopl.'  iliat  ili.y  witc  ili-po-iil  lo  j^.i  .viay  prl\  ilc;.'!! 
siuil  conlrol,  which  wa-i  rational  Jiinl  i'i;:ht,  ovri*  ihiir  own  nH'aif-;  that 
tla;  pi'oi'('i'iliii,L''->  of  till'  A--fniI)ly  \\rv>'  cuiTi'ct  on  tlm-i'  matlci's,  aii'l  lliiit 
he  dill  n.it  ap|U'o\r  of  .mhhc  ol  tin-  ap;'Mint;i;i'M[-.  Tliat  i->  pntty  lair, 
anil  I  am  ,u!ail  to  liiiil  -mh  opinion-  pi'ta-lln^-  in  tlio  ('ointunnily.  ^If. 
FairlninUi  llu'ii  w. m  on  to  say,  lli.i!  wIh'ii  lu'  lonml  thai  tho  "  fi'|)i'('.'('ii- 
tali\e"  of  lIic  sovcr(.'i;_Mi  lial  lieni  aliai'kiil,  he  (lisMiitciI.  ISiil  it  should 
bo  rei'oIh-'i'tL'il  that  it  \va-<  hcoanr-c  lln'  (iovi'i'iior  woiiM  ni'(  ri'iiiT-Jriit  tho 
SOVc'i'i'i;.Mi,  that  hi-  wa>  alltn'hrtl.  Tiu'  inini-t'Tiu  the  llon-r  of  Coiu- 
moiis,  rrpfc-i.'iitci!  ill.'  >i)Vi'ri'Ii.Mi  to  a  c  riain  cxd'Ht  ;  an. I  what  ilrlicacy 
wa-i  fell  111  attiU'kiiig  him?  It  wa-  llii.  liiial  l-'i)  llia!  Mr.  l-'aii'liaiiks 
ilisapprovi'il,  an'l  In'  >aitl  lliai  he  <!i  1  iioi  will  to  ;:,(»  into  thi-  ,i;i'iu'fiil 
c'hiirarlL'i"  of  iIlc  ivpiv-ciitailon.  !!■  lln'ii  I'l marked  that  if  Tiif.v  did 
iHti  like  Ihoni,  Tiii-.v  coiild  turn  them  oul.  —  !i;ip!an-e  followed  that  re- 
mark ;  or,  if //"'//  dill  like  I  hem,  lli.'y  eoiil,!  ki'  'ji  ilii'm  In  ;  al'trr  wliieli  was 
u  lan^li.  Now  il  l^  jn~i  [m  -iMi'  llia!  //"u  a-  well  a-  ///'//  may  lia\e  -onu'- 
thiiig  to  t-ny  in  the-e  matii'rs.  alihongh  not  at  lliU  meelini^.  I  do  not 
say  what  pro'[)eei  or  probaliilliy  llien-  is,  Imt  I  am  willing  to  take  my 
chance,  ainl  f/ic  hiiKjh  may  In'  on  the  nther  >i(le  I»y  and  hy.  Tho  grant 
of  i."l<H),(inu,  wliieh  was  placed  al  llie  d!-[io-al  of  Ills  l'',xeellem'y.  was 
ud\erled  lo.  Ihil  lio\v  wa-  I  he  Iloii-e  -it'.iated  at  thai  time!'  They 
placed  ih'j  inonc}  hi  the  hand--  oi'  Hi-  Mxeelleney,  —  not  in  tho^e  of  his 
ConiU'il,  —  becan<e  il  was  I'eli  ilia'„  ihei'c,-  v.a^  noeontrol  over  them,  lint 
was  any  memher  sati.-lied  with  sneh  a  Mite  ?  "W<'re  any  of  yon  satisfied 
that  money  should  I)e  {);it  into  the  hand^ofany  pnhlic  oilleer  over  whom 
there  was  not  prop".'  control?  There  wa;  no  olh  r  mode  al  the  time, 
and  tin.'  people  -liowed  wlial  were  ilndr  fi  clings  hy  the  -acrilice  which 
ihey  freely  made,  "^slw  Fairbanks  said  thai  the  (!o\erniU'  had  been  ccn- 
puri'd  beoanse  he  did  not  ri'ad  the  dispatch  as  .-ome  oi'  the  members  ol'  the 
Assembly  did.  Ihit  wo  read  tlu'iu  as  thi'  Governor  (ieneral,  .and  Lord 
John  Ivnsst'll,  and  Sir  John  Ilarvcy,  and  Mime  o!'  the  most  talented  men  in 
tho  minority,  read  tlicin.  It  was  llini  said,  in  Mr.  Fairbanks's  speech, 
that  the'  Governor  '-had  a  right  to  read  the  dispatches  a>  he  thonght  pro- 
per." Thai  right,  liowever,  was  a  ([iiesticjn.  ^ly  friend,  Mr.  Fairbaid^s, 
is  an  agricnhurist.  Sn[)pu-o  he  should  write  a  note  to  his  gardener,  and 
tell  him  to  plant  jieas  in  a  certain  spot,  and  thai  ho  found  turnips  coming 
up  instead,  he  would  .-ay.  How  caiuo  you  to  make  that  mistake ;  could  you 
24* 


Ul! 


i'l'i  I 


1!^ 


H   :.f 


r'5;! 


I' 


282 


MEETING  IN  HALIFAX. 


'!■     i 


!1: 1 


4  '; 


not  read  ray  note  ?  The  gardener  might  answer,  Yes,  I  read  your  note, 
but  I  had  a  right  to  read  it  in  nuj  own  uhi;/.  It  was  then  said,  that  we 
had  no  rigjit  lo  lliink  (hat  the  motlier  eountry  wished  to  oppress  us.  TVe 
never  llioiiglit  she  ha<l  any  such  wish.  Again,  the  meeting  were  tokl, 
that  if  the  House  were  dissatisfied  with  the  appointments  they  might 
"wait  for  others."  That  v/a.s  one  way  of  accomphshing  matters.  Suffer 
situations  to  he  filled  up  by  hale,  hearty  young  men,  and  then  wait, 
having  only  the  same  chance  at  their  falling  off  that  there  was  before. 
I  observe  that  Mr.  Smith  finds  fault  because  we  censured  His  Excel- 
lency lor  one  act,  and  says  that  we  kept  grievances  out  of  view.  The 
reason  was  obvious ;  they  had  been  stated  in  other  addresses,  and  the 
recapitulation  and  answers  in  this,  would  make  it  too  long.  I  dare  say, 
however,  if  I  sat  down  to  write  by  the  yard,  it  might  have  been  much 
longer.  If  the  learned  gentleman  would  take  up  the  debates  and  ad- 
di'csses  of  the  last  three  years,  he  would  find  them  stated  at  length.  He 
then  inquired  Avhether  the  Governor  should  "  be  obhged  to  select  mem- 
bers of  Council  from  the  House?"  Wo  did  not  contend  that  all  should 
be  so  selected,  but  that  two  or  three  should  be  taken  from  it ;  two  from 
the  Legislative  Council,  two  or  three  from  public  offices,  and  two  or 
three  from  the  community.  But  we  also  contended,  that  if  members 
were  taken  from  the  Iloa^e,  they  ought  to  be  taken  from  the  majority, — 
not  the  minority.  In  urging  these  matters,  we  only  urged  what  was 
within  the  practice  of  the  mother  country.  It  api)ears,  also,  from  the 
report,  that  the  learned  gentleman  said,  that  the  Assembly  Avantcd  ''  to 
uproot  the  Constitution  of  the  country."  I  do  not  know  whether  that 
language  was  used.  The  reporter  is  generally  correct ;  and  I  only  re- 
mark on  it,  that  what  Ave  want  is  to  establish  u  Constitution  for  the 
country,  which  has  none,  except  that  tendered  in  Lord  .John  Russell's 
dispatch  but  withheld  by  the  local  government.  We  have  been  living 
under  a  chance-medley  system;  governed  by  dispatches,  under  which  the 
people  hod  no  power  or  infiuence  on  the  local  government.  We  want  a 
system  that  will  make  the  path  to  eminence  open  and  free,  as  in  Eng- 
land, where  one  man's  son  has  the  same  chance,  according  to  his  abilities, 
as  the  child  of  any  other  man ;  where  thei  e  is  no  combination  among  a 
few,  lo  keep  all  the  rest  out.  Every  boy  of  good  sense,  and  talents, 
should  have  fair  play  to  rise  in  the  councils  of  his  country,  and  take  that 
part  in  thorn  for  which  he  was  fitted  by  nature  and  industry.  The 
learned  gentleman  then  spoke  of  the  fluctuation  of  majorities,  but  all  that 
was  well  known.  Suppose  the  majorities  hei'e  were  not  formed  precis'ily 
PS  they  were  at  home,  they  were  on  as  good  a  basis,  —  on  those  who 
owned  property.    The  majority  of  the  Assembly  were  formed  on  a  free 


MEETING   IN  HALIFAX. 


283 


open  franc'liisio,  given  to  a  constituency  which  could  be  well  trusted  with 
tlic  i)0\ver.  To  he  told  that  the  majorities  of  to-day  might  not  be  the 
majorities  of  to-morrow,  Avas  news  to  Nova  Scotians.  It  was  well 
known  that  majorities  lluctuated  under  tli<!  present  system ;  but  let  that 
which  was  sought  be  established,  and  the  same  consistency  would  be 
found  here  as  at  home.  jNLijorilies  iluctuated  tiiere,  and  would  here, 
but  the  constituency  wotdd  remain.  TIk^  iiupiiry  was  then  made, 
whether  any  people  could  be  so  governed?  and  the  meeting  were 
congratulated  that  they  were  not  a  peoi)lo  without  a  head.  A  people 
without  a  head  indeed.  I  sometimes  have  fancied  that  I  have  seen  an 
individual  without  a  head,  —  at  all  events,  a  head  whicli  could  take  in 
sound  arguments.  I  do  not  say  that  that  is  the  case  with  the  learned 
gentleman ;  but  I  have  seen  such  things  before  now.  Again,  it  was  said, 
in  no  instance  was  a  specific  charge  brought  against  any  of  the  Council. 
Why,  Ave  charged  them  all,  and  they  cried  out,  "  Do  not  attack  us ; 
attack  the  Governor.  "We  have  nothing  to  do  with  it ;  he  alone  is 
responsiI)le."  Under  such  a  system,  what  could  1x3  done  ?  The  only 
course  open  to  the  House  was  that  which  was  taken.  Again,  it  was 
said  to  be  hard  to  condemn  those  who  had  been  appointed,  without 
knowing  of  what  they  were  guilty.  IJut  we  could  act  as  the  meeting  of 
Saturday  had  done;  they  condemned  the  House  for  what  they  knew  of 
it,  and  the  House  condemned  the  api)ointments  from  what  we  knew 
of  the  party.  There  are  a  number  of  thcin  on  whom  I  could  make  ob- 
servations, because  my  object  is  to  show  that  the  premises  being  Avrong, 
the  conclusions  are  incorrect ;  l)ut  time  will  not  admit.  There  is  one 
passage  on  which  a  few  words  must  be  spent.  The  learned  gentleman 
said  that  our  address  Avas  an  insult  to  the  (Jueen,  and  that  Ave  insinuated 
resistance  to  the  mother  country.  The  man  Avho  coidd  pick  that  mean- 
ing out  of  such  a  document  as  this,  luis  cither  much  better  ej'cs,  or  better 
imagination,  than  I  have.  I  may  read  a  few  passages  of  this  abused 
address,  to  show  to  the  meeting  how  Ave  havi'.  insulted  and  threatened. 
[Mr.  HoAve  hero  read  the  concluding  i)aragraphs  of  the  Assembly's 
address,  making  comments  as  he  Avent  on.]  I  ask  the  meeting,  Avhere  is 
the  threat  in  any  of  these  passages  ?  Why  did  Ave  allude  to  governing 
by  the  affections  ?  Because  Lord  John  Ilussell's  dispatch  declared,  that 
the  Queen  "  relied  on  the  affections  "  of  her  Colonial  subjects.  What 
was  meant  by  resistance  by  constitutional  means?  The  means  of  this 
meeting ;  by  the  power  of  speech,  and  the  action  of  the  pen  ;  by  the  vigor 
of  Nova  Scotian  intellect  operating  on  the  Councils  of  their  OAvn  country 
and  on  those  of  the  mother  country  also.  Did  the  address  say  that  Ave 
Avere  going  to  agitate  for  any  thing  that  Avas  not  Avithin  the  limits  of  our 


i 


*  i 


:M 


';  :'l 


>«  1 .1 


!i-  :  -3'*: 


■■1 


■;i'    ? 


!       'M.  1. 


]\ 


£fi'!!l 


I  4 


284 


MEETING   IN  HALIFAX. 


Mi  H.: 


'tr 


Wi  M 


;;  n 


legitimate  privilc'fro^?  Xo,  wo  only  souglil  tlmt  wliicli  \\'Q  were  entitled 
to  under  tlic  ^on-liliUion  v.Iiich  .^lic  pave  to  (he  Province.  It  might  be 
said  to  1)0  wi'ong  even  to  lalk  of  this  kind  of  re.-istanee.  But  how  had 
Catholie  emaneipation  been  eari'ied?  V>y  u  popidalion  who  created  a. 
State  of  public  opinion  that  i'oreed  the  (diange.  Shive  eniauei])ation  IkkI 
been  efleclrd  liy  tii''  j)oi»ulati()n  urging  the  measure,  williin  llie  limits  of 
tlie  Constitution,  until  the  government  was  compelled  to  yield  to  tlie  de- 
mand. Did  ilicy  ii'-ort  to  pliysical  lbre(',or  go  beyond  llic  Constitution? 
Ko.  And  arc  Nosa  Scotians  to  be  tied  iij)  within  narrower  limits?  Are 
Ave  to  be  ulraid  of  opening  our  mouths?  Must  we  lisp  our  com[>hiint3 
in  "  the  bondman's  key  ?  "'  You  may  be  chastened  down  to  that ;  but,  as 
far  as  my  inlhirnce  goes,  it  .-liall  lie  alter  I  am  dead.  I  have  thus  got 
throucdi  that  reljcUious  document,  and  sliown  to  you  that  tliere  is  not  a 
line  of  it  that  a  llrilon  miglit  not  wrilc^  in  the  [)resencc  of  the  (^ueen 
herself.  —  that  the  language  is  not  stronger  than  was  required,  —  not 
stronger  than  was  used  in  iS'ew  Ib'unswiek.  I  tnay  say,  that  in  pei'lorming 
our  diuies,  we  never  overstepped  the  boundaries  of  what  you  gave  us  in 
charge.  I  did  intend  to  have  commented  on  some  other  matters  that 
occui'red,  but  as  I  liave  ficeupied  so  much  of  your  time,  and  as  some 
feelings  with  which  I  commenced  have  passed  away,  I  will  hasten  to  a 
conclusion. 

Having  given  a  fair  candid  argument  on  the  merits  of  the  case  before 
the  meeting,  —  having  I'eviewed  the  arguments  that  have  been  brought 
against  the  House  of  Assembly,  it  is  for  j'ou  to  con.-ider  wliat  is  linally 
to  be  done.  The  (|uestion  is  not  to  be  settled  l)y  meetings  of  one  kind 
or  the  other:  as  the  former  meeting  had  been  called  we  could  not  well 
avoid  calling  this,  liut  I  regret  that  both  have  been  called.  One  ciFeci 
of  them  will  be  the  holding  of  public  meetings  throughout  the  country, 
that  impotent  attempt  to  put  down  tlie  Legislature,  will  run  like  wiM 
fire  and  arou.-e  the  indignant  feelings  of  the  population;  they  will 
declare  that  they  in-o  not  to  be  controlled  by  any  two  hundred  or  three 
hundred  persons  assembled  in  this  town,  and  they  will  say  this  by  an 
exp.ression  of  feeling  in  their  own  districts.  Suppose  I  choose  to  call 
meetings  in  the  country  parts  of  Nova  >Scotia,  wdiat  is  to  prevent  me? 
This  jioint  n'minds  me  that  in  jiassing  over  the  remarks  made  by  iMr. 
"Wilkins  on  Saturday,  I  diil  not  do  him  justice.  \Vhen  some  at  the 
meeting  wished  to  m;dve  it  appear  not  to  be  one-sided,  he  said  that  it  was, 
and  that  there  ought  to  be  no  mistake  about  it.  That  was  the  manly 
way  of  op] losing  a  jiarty.  I  now  however,  as  he  has  entered  the  arena 
at  Halifax,  challenge  him  io  convene  the  County  of  Hants  under  his 
parlor  windov^'s,  and  if  1  do  not  get  a  majority  thero  to  support  the 


H.i 


m  .: 


e  before 

1)  roil  pi  it 

liiKilly 

OIK!  kind 

not  well 

10  OlIl'CL 

•ountiy, 

kc  wild 

ry    Avill 

)V  iliree 

-  Iiy  an 

to  call 

nt  nil'? 

I.y  Uv. 

at   llic 

t  it  Avaj, 

i  inanly 

le  arona 

id(.'r  his 

K.rt  the 


•. 


MEETING   IN   HALIFAX. 


285 


House  of  Assembly,  then  I  will  say  that  I  do  not  know  the  independ- 
ent yeomanry  ol'  the  county  in  which  he  lives. 

Mr.  Wilkins.  I  did  not  make  \i<v  of  the  expression  to  cast  any 
reflection  on  the  meeting  —  I  ap[)roved  of  it. 

j\Ir.  Howe.  So  it  is  .-tated  in  the  report.  T  would  not  do  the  learned 
gentleman  any  injustice;;    I    respect    him    loo   hijihly ;    I    respect  any 


man  oi 


f  iiiir  and   opc'U  ■'•ondnct.      lint  1   say  to  those  who   pridi'  ll 


lem- 


selves  so  nmch  on  the  meeting  of  Saturday,  that  if  meetings  were  called 
in  the  seventeen  counties  of  the  I'rovince,  I  believe  that  in  Iburteen  of 
them  the  policy  of  the  House  of  Assembly  would  be  supported  ;  ami  if 
it  were  necessary  that  these  county  meetings  should  be  called,  there 
would  be  no  doubt  that  they  Avould  rebuilt  in  our  favor.  "VVas  it  wise, 
then  to  disturb  the  country  by  such  a  manifestation?  I  do  not  think  it 
was  wise  to  agitate  the  subject  more  than  was  necessary,  but  the  object 
of  the  meeting  was  to  turn  out  the  representatives  of  the  town  and 
county.  Some  hints  of  that  kind  were  given,  and  if  that  were  avowed, 
the  mode  would  be  fair  and  n\anly.  l>ut  suppose  that  the  whole  of  us 
should  be  turned  out,  and  that  four  were  put  in  to  represent  the  opinions 
of  the  Saturday's  meeting,  what  then  would  be  the  effect?  I  have  made 
a  calculation  of  what  I  believe  to  be  the  real  state  of  the  country;  1  may 
be  mistaken,  but  I  believe  that  the  result  of  all  the  elections  will  be  to  give 
thirty-four  in  favor  of  the  principles  of  the  present  House,  and  fourteen 
or  sixteen  against  them.  It  is  ibi-  you  to  make  your  choice.  "Will  you 
send  representatives  to  sit  in  the  majcrity  or  the  minority  ?  "When  the 
time  comes,  the  constituency,  I  lake  it  for  granted,  will  express  their 
opinions  opeidy  and  nuuifully,  and  those  who  gave  three,  cheers  for  the 
glorious  minority  —  who  did  indeed  cover  themselves  with  glory — may  be 
at  the  general  election,  in  a  glorious  minority  themselves.  If  I  am  to 
retire,  I  have  suincient  work  to  engage  my  attention ;  1  will  retire  to 
my  books  and  my  pen,  which  no  meetings  can  deprive  me  of,  and  in 
spite  of  any  of  those,  my  voice  shall  still  he  heard  in  British  North 
America.  If  the  constituency  tell  me  to  go  back  to  the  House,  I  am 
willing  to  grap[)le  i'or  four  years  more  with  the  public  business  of  the 
country;  and  if  they  are  re([uired,  my  best  exertions  shall  be  devoted 
to  your  service.  If  they  are  not,  I  will  employ  my  energies  elsewhei-e, 
I  trust  with  advantage  to  the  town  and  the  country.  All  my  aim  is  to 
raise  the  population  of  my  native  land;  1  might  have  gone  over  to  the 
opposite  ranks,  where  perhai)s  I  would  have  been  fawned  u[)on,  but  I 
long  since  decided  to  live  among,  and  act  with  the  great  body  of  my 
countrymen.  I  will  be  fearless  and  hopeful  if  ballled,  and  1  hope  not 
too  trium[)hant  if  I  succeed. 


^P 

} 

1 

I 

,       r. 

M 

1 

5;')| 

'fl  -i' 

1        • 

i 

MLll 

.■i 

i'  '1  '-' 

>■ 

Ml4 

■  w 

ill::! 

'  1 

'  i  . 

1?i 


■  !l! 


1 
I 

:,t' 

:  :^^f 

■  I 


28G 


MEETING    IN  HALIFAX. 


:^l: 


I  (urn  lo  a  pas-!i,i:v  in  the  iV|iort,  in  wliich  one  of  tlio  speaker.^  at  (lie 
inoctiii;^  of  Salunlay  >aul,  it  cxprc^si'd  tlie  o|iiiiioii?;  ol'  tlio  "  rcspectaltlo 


1 


)ai 


1"  of  l!i( 


(•((aiiiiiiiiity. 


I 


may  iiKiuii'c  whal   is  rc-iicc 


tahiliP 


Is  it 


to  lie  ailuilllrii  lo  ( l(i\ci-iiiiiciif  Iloiisr?  [C'l'ic'sol'  No  I  ]  It  isjiist  pos- 
sible tliat  jii'ixius  wiiu  aiv  not  vrry  r(\-[)(.'(.'tablc  soniotiuics  aiv  adniitlcil 
tlioro.  My  idea  of  respi'otaliility  is,  tlial  it  is  foiiiKlcd  in  \IrtiR',  indus- 
try, talent,  and  integrity,  ]»nl»lie  and  [irivale.  "Wlieii  Ave  are  told  by  llio 
two  bnndreil  oi'  two  lunulred  and  lil'ty  pei'sons  wlio  met  Iieiv'  on  Salnr- 
day,  thai  llieyeompo.-ed  all  the  re-jiectabiliiy  of  the  town  —  [eriesof  "That 


Ava.- 


not  said  ;  it  was  said  t/rcn/  jiar/  of  the  resjieclaliiiily."    '•  X( 


'•Yes." 

I'proar.]  T  am  iv.'l'ei'riny  lo  the  repoi'ier's  notes,  and  I  find  that  these  oflea 
conipris(;  words  wliieli  the  speakers  i'orget,  bnt  as  the  expression  is  disa- 
vowed, I  am  well  pleased,  and  1  believe  that  there  arc  not  many  who 
Avonld  eonenr  in  it. 

It  is  lor  the  eonsliUieney  to  decide  on  tlie    snbjeet.s  Avhioli  Lave  been 
bronglit  to  your  notice.     I  do  not  tear  the  result  of  their  relieclions. 


Those  who  derided  the  last  elections 


may 


if  nnited  and  llrni,  decide  the 


next.  Tliat  ([uestion  however,  is  not  to  be  decided  at  this  meeting, 
it  will  be  put  when  the  i)roper  time  arrives.  I  have  no  fear.s  as  to  what 
will  be  your  determination;  and  I  know  that  the  fishei-men  along  the 
shores,  wlio  used  lo  l)e  carted  up,  or  shipped  in  boat  loads  hkc  cattle,  to 
elections,  have  become  more  intelligent  than  they  Avere  ;  more  awake  to 
their  true  interests,  and  to  the  justice  of  the  cause  in  Avhich  we  are 
engaged;  and  I  have  no  fear  of  the  old  inlluences  operating  on  this  class 
of  the  freeholders  to  any  great  extent.  The  farmers  on  the  peninsula, 
and  beyond  it,  arc  al-o  with  the  Assembly,  and  the  intelligent  j-eomanry 
of  the  country  will  be  with  us  almost  to  a  man.  That  may  be  too  much 
to  say,  but  Avhcn  it  is  said  that  projjcrty  is  against  us,  1  look  lo  Colchester, 
and  can  hardly  sec  ten  Tories  in  (he  whole  of  it.  In  King's  also,  the  popu- 
lation are  with  the  irou.-e  ;  the  same  in  Hants,  and  soon  through  thirteen 
or  fourteen  of  the  counties.  [Cries  of  '•  Pictou."]  I  am  (juile  prepared 
for  Piclou,  also.  In  that  county  there  are  about  2000  fi-eeholders.  An 
addre.-s  recently  came  down  to  the  Governor  with  2,700  names  altachcd 
to  it,  another  for  the  op[)osiie  side,  has  ol)tained  about  1,200  signatures, 
nearly  all  of  them  frceholdei's  ;  so  that  out  of  2000,  if  the  oilier  adilress 
is  to  have  wciglit,  they  managi!  to  make  nearly  1000!  That  county  is 
"Well  known  to  be  divided  Info  two  jiarties,  of  nearly  equal  numbers. 
At  the  last  election  tlie  county  supported  Mr.  Dickson,  ho  carried  his 
election  by  about  thirty,  and  voted  for  the  address  of  the  House;  so 
that  that  county  is  with  us,  as  regards  the  lusi  election,  and  when  it 
comes  to  be  tried  again,  Ave  Avill  take  our  chance  of  obtaining  a  share. 


ivc  bocil 

llcc'tioiLS. 

.H'idu  the 

meeting, 

to  ^vlult 

long  the 

put  tie,  to 

wake  to 

Ave  are 

is  class 

insula, 

maniy 

)0  much 

liesler, 

■  1)U[)U- 

lirtceii 
I'paiXHl 
.  An 
tached 
at  u  res, 
(Idrcss 
nity  is 
I'lbers. 
ed  his 
se  ;  so 
ho  a  it 
are. 


POLITICAL    EXCITEMLNT. 


In  conclusion,  I  have  to  lliank  you  lor  your  a 


;lcn(l; 


UH'c.  a 


287 


ml  I'lii'  (he  kiu<l- 


nc: 


wi 


th  which  VdU  have  hcai'd  inc.      It'  I  have  >aiil  any  tiling  wliich  I 

nal, 


ouirht  to  have  left  nn>ai(h  —  any  thing  that  may  lie  con-iilcn'il 


i('r--(> 


ui 


itiiii',  or  likely  to  liIvc  'iirmcc,  I  hci 


('  wiMnlraw  it 


v>\cra 


1  \vl 


lo  licar 


mc  may 


liavc 


-iirncd  an   auilrcss 


to  his  ICxcdlcncy,  ,-iiii|io>ing  at  the 
moment  tliat  ht;  had  hccii  hardly  used,  l)iit  in  your  niciiiory  can  you 
recollect  anv  (idvcnior  or  Aihnii'al.  who  had  iioi   addi-csscs  not   up  for 


lini,  liy  >()inc  ol 


ill"  Icadrr- of  lliat   nnciinu?      Wlialc\ 


cr 


licni'ht 


did  tho-i'   individuals,  many  oi'  ihcni  did  n(jt   jierhaps  accoiniili.-h  much 


for  1 


ic  coininunilv. 


W 


K'liier  your  re|»i'c-cntativc 


u'tcd  riiiiil  or  wroiiLT, 


believe  me  that  liu'V  did  what  they  hav(.'  done  with  good  inolives,  and 
that  it  v.as  the  jiolitical  conduct  alone  of  the  Governor  on  which  llieii* 
eeir-iirc  Avas  ])a-scd.  I  believe  in  my  consciciu'e  that,  at  liiis  nioment. 
Sir  Colin  more  sincerely  respects  some  of  those  who  aoIcmI  for  that 
address,  than  he  does  others  who  clung  around  liim  w  hen  liiey  -hoidd 
liave  left  him  \Vvi\  and  who  now  vainly  endeavor  to  deleiid  hiiu. 
"Whether  he  is  to  blame  or  nol,  ( Jovernor- come  and  go,  but  the  Pi-ovince 
remains  forever.  Let  u~  then  not  be  deierred  from  the  perl'oriiianco 
of  our  diuies.  Iiowecer  painl'iil,  bill  goon  calmly  and  good  luimoredly, 
rellecting  credit  on  the  commiinily  by  jieaceful  agitation,  until  the  ibiin- 
dations  of  the  Urili-h  Constitution  are  securely  laid,  and  then  enjoy 
happiness  under  it,  iii.'illier  seeking  nor  wi-hing  any  furlher  cliange. 
[Three  hearty  cheers  were  given  al  the  conclusion  of  Mr.  Howe's 
address.] 

This  Avas  a  busy  sniiiiiKU'  for  llie  rcfonnors.  Their  Iciuler 
had  liis  liiindri  fiilL  His  Jivst  duly,  ufter  llie  liostile  inovemcut 
iu  the  capital  was  aeiitralized  or  defeated,  \\'as  to  review  tho 
St)lieitor  CJemaars  sjieindi.  This  he  did  iu  two  h'tters.  \vliieh 
will  be  loiuid,  auioug  others,  iii  the  sc^eoud  yolume.  They  are 
prt'served  as  speeinieus  of  niaiuu-r  and  style  at  this  period,  but 
uituiy  of  the  topics  discussed  liaye  l()ii<^  ci-ased  lo  iuterest  us. 

From  the  capittd,  the  war  was  ctu-ried  into  the  interior  by  the 
sap])orters  of  llu;  (rovernor.  ^Meetings  were  calh'd  iu  Kiiii^s, 
Cuiuberlaud,  Yarmouth,  and  Dii^by,  but  the  (loyeruor's  friends 
were  bi^ateu.  Three  counties  only,  out  of  seventeen,  responded 
to  their  caU.  Before  uiidsummer  it  was  apparent  tii.-it  the 
questions  at  issue  were  understood  by  tiie  country,  and  that, 
whatever  the  decision  iu  Englaud  might  be,  Mr.  Howe  would 
be  sustained  at  home. 


'  if!  > 


.   r 


l\-\ 


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Ml 


M 


H  -1 1  "  ■ 


'  I  ■'■I 


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- 1  ^ 

'1''  ,. 


# 


W't 


288 


LORD   SYDENHAM. 


i     ;,■ 

'  si' 

i 

1  'i 

' 

1     ; 

( 

w. 


In  Mfiy  ij  was  fimioniircd  lliat  Lord  Joliii  Russell  hud  de- 
clined io  present  the  Assenil)ly's  address  to  the  Queen,  and 
tliat  Sir  Colin  woukl  ])e  sustained.  In  June  it  was  intimated 
that  lie  was  iJfoini^  to  Eui^land.  The  excitement  all  over  the 
Province  was  very  great.  INIr.  lIow(^  was  invited  to  public 
dinni-rs  in  Kings  and  Annapolis,  and  delivered  speeches  upon 
the  topics  of  the  day  to  large  l)odi<'s  of  yeomanry. 

On  the  9th  of  .luly,  the  steamer  Unicorn  arrived  from  Quebec. 
Ilis  Excellency  the  (lovernor  ( General  came  in  her,  and  it  soon 
became  known  that  he  intended  to  assiuiie  th(!  govermnent. 
Being  sworn  in,  he  at  once  i)roceeded  to  business.  The  lead- 
ing men  of  both  parties  wt^'e  sent  for,  and  their  opinions  in- 
vited. We  have  oi'len  heard  Mr.  Howe  laugh  over  his  share 
in  these  conferences.  Prior  to  the  Governor  General's  arrival, 
he  had  been  ollinvd  a  seat  in  Council,  upon  condition  that  he 
would  renounce  tlu^  heretical  principles  enmiciated  in  his  let- 
ters to  Lord  John  Russell.  lie  declined  the  honor  upon  those 
terms.  On  the  arrival  of  M\:  Powlett  Thompson,  Mr.  Howe's 
pamphlet  was  put  into  his  hands,  as  evidence  of  the  utterly 
absiu'd  views  which  the  writer  entertained.  On  being  ques- 
tioned Mr.  Howe  otl'ered  to  read  the  pamphlet  to  His  Excellency, 
and  convince  him  that  there  was  not  only  no  harm,  but  a  great 
deal  of  good  in  it ;  that  responsible  government  was  just  as 
})racticable  in  Nova  Scotia  as  in  England,  and  that  it  was  the 
only  remedy  for  the  manifold  grievances  of  which  all  the  Colo- 
nies in  North  America  coin])lained.  The  reading  went  on. 
Mr.  Thompson  was  asked  to  o])ject  to  what  he  disapproved. 
Upon  a  few  points  he  invited  discussion  or  desired  explana- 
tions. The  objections  started  were  removed,  the  explanations 
sought  were  given,  and  before  Mr.  Howe  left  the  room  the 
foundation  was  laid  of  that  mutual  confidence  and  respect 
which  only  terminated  a  year  after  with  the  premature  and 
melancholy  death  of  the  Governor  General. 

Before  Mr.  Thompson  left  Nova  Scotia  it  was  apparent  that 
the  old  system  was  doomed,  and  that  Sir  Colin  would  be  re- 
moved. Expressions  in  his  reply  to  an  address  from  the  people 
of  Halifax  were  caught  at  as  negativing  this  presumption,  but 
those  who  had  had  an  opportunity  of  discussing  politics  with 


\M 


MR.    HOWE    A    MINISTER. 


289 


him  could  not  be  mistiikon  in  the  bias  of  his  mind.  Wliat  he 
would  report  or  do,  no  man  know  exactly,  but  ciiongh  was 
known  to  prepare  us  for  chani^es  in  the  right  direct  ion. 

Lord  Falkland  arrived  in  Nova  Seolia  in  Seplember,  and 
was  sworn  into  ollice  on  the  30th  of  that  month.  Four  mem- 
bers of  the  Executive  Council,  who  lu'ld  seats  in  neither  branch 
of  the  Legislature,  were  at  on(te  intbrmed  that  their  services 
could  no  longer  be  retained;  their  places  wi're  required,  that 
gentlemen  who  could  bring  to  the  support  of  govermnent  po- 
pular qualities  and  innucnc(!  might  be  called  round  the  Ci,uoen's 
representative.  Mr.  Howe  was  invited  to  take  a  seat  in  Lord 
Falkland's  Council.  IIo  consented  upon  these  conditions:  that 
Mr.  McNab  should  go  in  with  him;  that  a  bill  for  incorpo- 
rating Halifax  should  be  lirought  down  as  a  government  meas- 
ure;  that  other  liberals  should  be  drawn  into  the  Executive 
Council  as  vacancies  occurred,  and  that  all  tin;  members  should 
hold  their  seats  upon  the  tenure  of  public  confidence. 

Prior  to  Sir  Colin  Campbell's  departure,  a  scene  occurred 
highly  honorable  to  both  the  parties  concerned,  and  which  we  re- 
cord with  satisfaction.  Passing  out  from  Lord  Falkland's  first 
levee,  Mr.  Howe  bowed  to  Sir  Colin  Campbell,  and  was  moving 
on.  Sir  Colin  called  to  him,  and,  extending  his  hand,  ex- 
claimed, "  We  must  not  part  in  that  way,  Mr.  Howe.  We  fought 
out  our  difi'erences  of  opinion  honestly.  You  have  acted  like 
a  man  of  honor.  There  is  my  hand."  It  was  shaken  in  all 
sincerity,  and,  on  the  old  soldier's  departure,  a  graceful  tribute 
was  paid  by  his  opponent  to  his  chivalric  characteristics. 

We  have  now  to  exhibit  Mr.  Howe  in  a  new  character,  —  that 
of  a  responsible  minister  to  a  Colonial  Governor  tolerably  igno- 
ant  of  the  new  principles  he  was  sent  out  to  administer,  and  sur- 
rounded, from  the  moment  of  his  landing,  by  a  good  many  per- 
sons not  disposed  to  give  them  a  fair  trial.  We  have  hitherto 
marked  his  action  as  a  Colonial  reformer ;  as  the  fearless  leader 
of  a  progressive  party;  as  a  popular  favorite,  doing  battle  against 
the  Government.  We  must  now  contemplate  him  playing  a  new 
part,  with  suddenly  changed  relations  to  all  around  him.  His 
difficulties  were  great.     He  had  to  instruct,  satisfy,  and  control 

25 


'I 

■  r! 


u     >l 


M'l 


'  b  'I      ttt 


(,i:' 


i:' 


1  "I  i  i  I 
f]  !j-i3: 1-: 


,   '■  -!' 


290 


MR.   IIOWK   A    MINISTKII. 


I 

IS  m 


m  I 


within  constitutional  liinils,  u  noblcnisin  of  his  own  ai^o,  bred 
in  tho  school  when?  pride  iind  heady  impulses  are  sj)on1ane- 
ously  developed,  married  to  a  Kini^'s  (laui(hter,  and  remarkal)iy 
good  looking.  lie  had  to  assert  and  maintain,  in  the  Cabinet, 
tho  general  principles  which  he  had  advo(!ated  outside; ;  and  he 
had  to  satisfy  the  country  that  he  was  doing  so,  and  that  its 
interests  would  not  be?  j(>oi)ardiz(!d  by  his  acceptance  of  the 
seat. 

The  House  was  dissolved  in  October.  On  the  :i3d,  Mr. 
Howe  addressed  a  long  letter  to  his  constituents.  He  thus 
describes  the  changes  which  had  been  wrought  by  the  liberal 
majority  within  the  four  years  that  they  had  acknowledged  his 
leadership. 

To  understand  tho  raoasuros  we  liavo  pre-!>C(l.  and  the  changes  which 
have  been  effected,  so  far  as  they  touch  tin;  general  prineiples  of  our 
government,  it  may  be  necessary  to  turn  baek  to  the  slate  of  things  as 
they  stood  in  18u(j.  At  that  time  a  eouncil  of  twelve  persons,  chosen, 
with  one  exception,  from  the  capital,  lormed  the  second  branch  of  the 
Legislature,  sitting  in  secret,  deliberating  with  elosed  doors,  independent 
of  the  Governor,  who  possessed  no  power  to  add  to  their  numbers,  or 
soften  their  prejudices,  and  far  removed  from  the  possibility  of  cordia' 
sympathy  or  cooperation  with  the  popular  branch.  These  twelve  per- 
sons also  shared  among  them  the  whole  executive  powers  of  the  gov- 
ernment. Not  one  of  them  was  i'e(|uired  to  appeal  to  the  ])cople,  or  to 
secure  a  seat  in  the  Assembly.  They  were,  for  life,  the  advisers  of  the 
Governor,  and  the  rulers  of  the  i)eople,  without  either  possessing  the 
power  to  shake  them  otf,  or  to  break  through  the  intrigues  and  combina- 
tions, by  which,  at  whatever  hazards  to  the  safety  of  the  one  or  the  dig- 
nity of  the  other,  they  sought  to  conlinn  and  pcr[)etuate  their  power. 

Mark  the  changes  which  have  been  wrought  by  the  energy  of  those 
who  have  been  denounced  as  the  enemies  of  tlieii'  country,  but  whom  I 
cannot  but  regard  as  among  its  most  enlightened  and  steadfast  friends. 
A  broader  basis  has  been  given  to  the  Legislative  Council,  which  is  now 
composed  of  twenty  members,  divested  of  all  but  their  fair  proportion 
of  executive  influence  ;  nine  of  them  drawn  froni  the  rural  districts,  and 
the  whole  deliberating,  like  the  House  of  Peers,  which  they  are  intended 
to  represent,  in  the  presence  of  the  population,  who  are  now  as  freely 
admitted  to  their  debates  as  they  have  ever  been  to  those  of  the  Repre- 
sentative branch.    If  this  body  does  not  partake  of  a  still  more  popular 


ri!*-: 


i|" 


lirfifii; 


MI!.    irOWE    A    MINISTER. 


291 


n 

1 

■ 

1 

i 
] 

1 

i 
If 

cluirupter,  I  look  to  timo  for  tlio  n'lnotly  ;  and,  meanwhile,  I  eannot  admit 
that  eitiier  my  ('cllea^'iic  of  iny>clt'  arc  to  hlame. 

The  Kxcciitive  Council,  no  longer  rciai'diiig  the  (^)M('('n's  mandamus 
as  pcr.-onal  properly,  to  be  lielil  i'nv  life,  independent  ut'  her  who  eon- 
ferred  and  of  those  lor  whose  henelit  it  was  created,  now  regard  it  as  a 
])iil)Iic  trust,  to  he  retained  only  while  the  eonfidenee  of  the  crown  and 
the  confidence  of  the  coinitry  sanction  llie  posses-;ion  ;  and  to  be  grace- 
fidly  yielded,  whenever  the  honor  of  the  sovereign  and  the  exigencies 
of  i)nl»lic  alfairs  re([uire  a  sacrifice  of  personal  inlhience  and  feelings. 
This,!  think  you  will  admit,  is  a  fme  ai)proximation  to  the  principles 
and  practice  of  the  Constitution,  as  understood  at  home  ;  and,  as  such,  it 
will  no  doubt  be  received  as  a  gracious  boon  from  the  sovereign,  prompted 
by  tli(!  enlightened  prescience  of  the  statesmen  who  now  direct  our 
national  atfairs.  Six  out  of  ten  of  those  who  compose  the  Executive 
Council,  are  members  of  the  Representative  branch;  once  in  four  years 
they  must  come  upon  the  hustings  to  ask  the  peo[)le  wdiether  or  not,  for 
another  quadrennial  term,  they  shall  surround  the  Queen's  representa- 
tive, and  enjoy  the  highest  honors  of  the  country.  Here,  then,  are  pop- 
ular checks,  iiivorable  to  liberty  and  good  government,  unknown  to  our 
Constitution  previous  to  the  arrival  of  Lord  Falkland,  but  which  make 
us  feel  that  at  last  Nova  Scotians  are  admitted  to  the  high  political 
standing  of  their  brethren  in  the  liritish  Isles.  If  it  be  asked  how  are 
those  members  of  the  Executive  Council  who  have  seats  in  the  second 
Chamber  to  be  inlluenced  by  public  opinion  ?  I  answer,  when  they 
forfeit  the  confidence  of  the  body  to  wdiich  they  belong,  or  when  no  com- 
bination of  able  and  influential  men,  in  the  popular  branch,  can  be  got 
to  act  with  them,  they  also  must  retire,  for,  from  that  moment,  they 
cease  to  be  sei'viceable,  and  become  an  obstruction  to  the  government. 

But  it  may  be  asked,  do  not  these  changes  limit  the  prerogative,  and 
"weaken  the  legitimate  jiower  of  the  (Queen's  representative,  so  far  as  to 
endanger  the  balance  of  the  Constitution?  By  no  means;  the  Gov- 
ernor is  still  responsible  only  to  his  sovereign;  the  patronage  of  the 
country  is  at  his  disposal,  to  aid  him  in  carrying  on  the  government ;  he 
can  rid  himself  of  factious  or  syllish  advis(,'rs,  by  dismissing  them ;  he 
can  appeal  to  the  peo[)le,  by  dissolving  the  Assembly,  and  call  in  the 
power  of  the  Empire,  should  the  great  privileges  conceded  be  abused. 
That  they  never  will  be,  in  Nova  Scotia,  I  think  I  may  ventui'o  to  pre- 
dict ;  and  the  highest  hope  that  I  entertain  at  this  moment,  is,  that  my 
countrymen  will  cordially  aid  a  nobleman  who  has  no  other  aim  than 
to  give  them  the  fullest  measure  of  self-government,  peacefully  to  work 
out  these  principles,  and  to  open  the  widest  field  for  generous  and  manly 


;:!;! 


If  m:\ 


*:.:  I 


M  '■] 


'i'^. 


Mil 


>l 


292 


Mn.    IIOWR   A   MINISTER. 


coinpclilidii,  compatililo  with  tlio  prcsorvntion  of  the  prerogative  niwl 
the  integrity  oi"  the  I-lmpirc. 

Yet.  it  uiiiy  ])v  Miiil.  adiiiitling  those  ehiuiges  to  be  gouil  in  tlioniselves, 
the  ngitulidii  of  the  piil)li<'  uiiiKl,  in  orcjcr  to  ohtuin  ihcni,  has  done  (!vih 
1  look  altroad  ior  evidence  ol"  the.  trnlli  ol'  this  assertion,  hnt  eontess  I 
am  unal)le  to  ohiain  it.     It  is  true  that  there  have  Iteen  diseiissions  in 
the   newspapers,  ami   in    tlie    Legislatui'c,  in    whieh   l)oth   |)arlies  to  the 
controvei'-y  iiave  sometimes  Iransgresseil  llie  honndaries  of  fair  debate, 
but  this  is  an  evil  inseparable  from  all  kinds  of  disputation.     There  was 
as  niueh  sein-rilily  in   the  newspapers  in  the  days  of  Agrieola  and  f^ord 
Dalhousie,  as  in  more  modern  times  ;  Halifax  was  as  violently  divided  by 
Grassie  and  Pryor's  eleetion,  whieh  Avas  a  inere  personal  affair,  as  it  was 
at  the  last,  or  is  likely  to  be  at  the  next,  by  broad  questions  of  [jublic 
principle ;  while  the   Harry  riot  has  certainly  been  nne(iualled  by  any 
feats  of  the  party  who  have  been  urging  these  im[)rovements  during  the 
last  four  years.     So  much  for  the  cajillal ;  and  if  we  look  to  the  country, 
may  we  iiot  ask  if  an  academy  did  not  create  more  violent  parties  and 
bad  feeling  in   Pictou ;  a  dyke  in  Coi-nwallis ;  and  a  bonfire  in  Livi.'r- 
pool,  than  have   been  aroused  by  the  great  question  of  our  day, — 
■whether  the  executive  and  legislative  branches  of  a  Colonial  govern- 
ment should  harmonize,  or  be  kept  in  a  constant  state  of  conflict  ?     To 
me,  it  is  a  matter  of  pure  satisfaction  to  reflect,  that  by  the  peaceful 
agitation  of  four  years,  in  which,  from  one  end  of  the  country  to  the 
other,  there  has  not  been  a  blow  struck  or  a  pane  of  glass  broken,  great 
changes  have  been  wrought,  and  invaluable   principles  established,  for 
which  other  countries  have  for  centuries  struggled  in  vain,  or  have  only 
purchased  by  civil  conflict,  and  blood,  and  tears.     It  is  true  that  the 
people  have  talked  polities  and  discussed  general  principles  of  govern- 
ment, but  all  the  time  they  have  been  risi)ig  in  the  scale  of  social  com- 
fort, and  mental  and  mond  improvement.     Is  there  less  of  intelligence, 
of  wealth,  of  public  spirit,  of  high  moral  principle,  of  a  taste  for  intel- 
lectual pleasure,  in  Halifax,  than  there  was  ?     Is  there  less  throughout 
the  country  ?     No  man  who  knows  it  will  make  the  assertion.     The  peo- 
ple read  and  thiidc  more,  but  they  drink  and  tight  less;  there  is  more 
industry,  with  higher  intelligence  to  guide  it,  but  less  waste,  and  fewer 
mortgages  and  lawsuits  ;  and  although  I  am  far  from  asserting  that  these 
contrasts  are  strictly  the  results  of  political  agitation,  I  am  happy  that 
the  improvement  in  the  character  and  condition  of  the  people   has  kept 
pace  with  the  improvement  of  their  institutions. 


We  do  not  know  that  we  have  ever  seen  the  views  of  perfect 


m 


;iitivo  and 

lomsc'lves, 
done  evil. 

OOIlfc'SS  I 

ussioiis  in 
it's  to  t\ui 
lii'  drbatf, 
L'lioi'o  was 
and  Lord 
lividi'd  l)y 
,  as  it  was 
of  public 
d  hy  any 
luring  the 
c  country, 
artics  and 
in  Livcr- 
r  day,— 
d  goveni- 
iict?     To 
peaceful 
try  to  the 
on,  groat 
ishod,  for 
lavo  only 
that  the 
govcrn- 
cial  coin- 
olligonoe, 
for  intol- 
roughout 
Tlio  poo- 
is  more 
nd  fewer 
lat  those 
)py  that 
has  kept 


1 


perfect 


MR.    HOWE   A    MINISTER. 


293 


religions  freedom  and  general  jnstice,  \vlneh  he  had  ever  ineiil- 
catedj  riore  qiiaiiiliy  expressed  than  in  a  paragraph  of  tliis 
address:  — 

Upon  another  topic  allow  nio  to  say  a  fow  words.  It  has  hocn  ob- 
jected by  some  that  a  si)irit  of  hostilily  has  boon  nianifostcd  to  the 
Chinrh.  I  will  frankly  explain  to  you  my  views  and  feelings  on  this 
sultjoot.  The  l)oautiful  streams  that  intersect  our  country  in  all  di- 
rections, roll  ])ast  the  dwcdliiigs  of  K[)iscopalians,  Trosbyterians,  and 
Methodists,  and  shod  an  e(iual  charm  upon  thoir  children  playing  on  the 
banks.     In  passing  by  thoir  orchards  1  cannot  observe  any  richer  tint 


upon 


the  blossoms,  or  liner  flavor  on  the  fruit,  of  the  one  than  of  ihc 


other ;  nor  is  there 


any 


distinction  in  the  verdure  Avitli  which  nature 


clothes  their  fields.  The  mackerel  run  as  freely  into  a  Catholic's  or 
Baptist's  net  as  into  any  other,  and  I  naturally  enough  ask  myself  why, 
as  a  legislator,  1  should  make  distinc-tions  which  (jod  in  his  own  good 
providence  has  not  made?  Nay,  why  shoidd  I  not  rather  remove  any 
which  others,  with  the  best  intentions  but  with  little  foresight  and 
most  mistaken  zeal,  have  set  uj),  brooding  contentions  among  the  peo- 
ple? I  wish  to  see  Nova  Scolians  one  happy  family,  worshipping,  it 
may  be,  one  God  in  various  modes,  at  ditlerent  altars,  yet  feeling  that 
their  religious  belief  makes  no  distinction  in  their  civil  privileges,  but 
that  the  government  and  the  law  are  as  universal  as  the  atmosphere, 
pressing  upon,  yet  invigorating,  all  alike.  To  me  it  is  a  matter  of  sin- 
cere gratification,  that  my  sentiments  are  those  of  Her  Majesty's 
ministers,  and  of  the  enlightened  statesmen  who  represent  them  upon 
this  continent.  My  wish  is,  not  to  injure  the  Church,  but  to  see  it  built 
up  and  extended  by  the  zeal  and  piety  of  able  ministers ;  and  my  desire 
to  change  its  jjolitieal  i)osition,  extends  no  further  than  that  of  Her  Maj- 
esty, whom  every  good  Churchman  recognizes  as  its  head. 

Mr.  Howe  thus  alludes  to  and  vindicates  the  change  in  his 
personal  position :  — 

In  expressing  my  readiness  again  to  accept  a  seat  in  the  Legislature, 
let  it  not  be  supposed  that  I  have  any  pecuniary  interests  at  stake.  I 
have  never  asked  for  or  obtained  any  situation  of  emolument  under  the 
crown.  My  devotion  to  public  affairs  has  hitherto  cost  something ;  it 
has  not  yielded  me  a  farthing  in  return.  Though  I  would  never  waive 
my  right  to  accept  office,  if  thereby  I  could  serve  the  government  and 
henefit  the  country,  my  own  industry  has  hitherto  been  sufficient  for  my 
25* 


ill 


li" 


i-s' 


»i. 


:t'-;. 


ml 


;i'!      .| 


urn 


\  >M 


204 


Mil.    lIOWi:    A    MINIS  I  hU. 


Stipport,  mikI  (if  tlii-i  you  iiiiiy  lie  M->iirt'il,  tliiit  I  will  iii'VtT  liol'l  niiy  (iiricc 
into  wliii'li  I  ciiiinot  carry  }'(»iir  couliilciifr,  miil  lln'  di-cliai';^!'  of  llic  duties 
of  wliicli  can,  l»y  iiny  possibility,  briiij;  iiif  into  roiitiict  with  tlu.'  true  in- 
terests of  the  people. 

Ilaviu^lieeu  (.'levatetl  Ity  Her  I\I:ijr'sfy'.s  cominaiKl  to  a  seat  in  the 
KxeeiUive  CoMiicil,  a  Itrief  explaiiation  may  he  necessary  oil  this  suhject, 
und  I  make  it  the  more  readily  hccausi!  1  have  no  secrets  to  conceal. 
When  the  char;i;(*  of  personal  ambition  has  hecMi  reiterated,  hy  those  who 
assert  their  claims  to  till  every  post  in  the  country,  hy  applyin;^  in  shoals 
wliencvcr  one  ha|)pens  to  ho  vaciuit,  I  have  often  >milcdat  tlu'ir  modesty, 
and  at  their  ij^'uorancc!  of  facts.  Ilaill  sought  my  own  advancement, 
and  not  the  general  good,  I  might  have  accei»tcd  a  scat  in  Council,  in 
lH.'i7,  and  helil  it  ibr  life,  independent  of  the  people.  Again,  in  IHJJD, 
had  I  abandoned  my  principles,  I  might  have  obtained  the  vacancy  oc- 
casioned by  the  demise  of  the  lion.  .loseph  Allison;  but  to  have  gone 
into  the  old  Council,  npon  the  old  principles,  woidd  have  been  to  deserve 
the  epithets  which  have  sometimes  been  as  freely  as  ignorantly  applied. 
When,  however,  Her  Majesty's  government,  Ity  the  withdrawal  of  Sir 
Colin  Campbell,  by  the  retirement  of  n  large  section  of  the  oKl  Council, 
and  by  the  adoption  of  the  sound  principles  for  which  the  popular  party 
Lad  contended,  made  such  a  demonstration  r.s  I  conceived  entitled  them 
to  the  coniidence  of  the  country,  it  secuK.'d  to  be  clearly  my  duty  to  ac- 
cept the  seat  tendered  by  the  new  CJovernor,  and  to  give  him  the  best 
assistance  in  my  power.  You  may,  perhaps,  le(d  that  some  gentlemen 
arc  retained  Avilh  whom  it  may  be  dillicult  to  act,  and  that  others  are  left 
out  whose  services  it  might  be  desirable  to  secure  ;  but  the  question  I 
had  to  decide  was,  wdielher  at  the  moment  His  I.ordshi[)  could  do  more, 
and  whether  you  would  acquit  me  of  blanu!  if  I  did  less.  I  was  well 
aware  that  I  ran  some  risk  in  changing  my  jtosition,  and  attempting  to 
work  out  new  principles,  amidst  the  feelings  and  iirejudiees  of  the  past ; 
but  my  reliance  was  upon  your  good  feelings  and  good  sense,  upon  the 
principles  themselves,  and  upon  the  enlightened  views  and  firmness  of 
Lord  Falkland,  than  whom  I  do  not  believe  there  is  a  man  in  the 
Province  more  sincerely  desirous  that  tlie  government  should  be  admin- 
istered "  in  accordance  with  the  well  understood  wishes  and  interests  of 
the  people."  In  claiming  your  suffrages,  then,  as  a  servant  of  the  gov- 
ernment, let  it  be  distinctly  understood  that  I  mean  to  give  it  a  cordial 
and  generous  support,  so  long  as  I  believe  it  is  so  administered.  To 
Tjress  organic  changes  further  —  to  cherish  feelings  which  past  conflicts 
Lave  aroused  —  to  contend  for  more  than  can,  or  than  ought  to  be 
yielded,  until  experience  Las  demonstrated  its  absolute  necessity,  would 


.tti  I 


ADDRESS  TO  LOUD  lALKLANP. 


295 


8oem  to  l>P  llio  «liity  iiriiliiT  of  a  good  nmn  nor  of  a  jjond  niiIiJi'cI.  Tluif 
yoii  will  approve  of  tlm  course  I  Imvc  l;ikcii  —  (liatyoii  will  rally  anniiul 
ami  sustain  llie  p;ov<'riunnit  of  Lord  I-'alklninl,  until  it  I'ni  iMt' your  conll- 
dcncf.  I  fannot  doubt.  My  li'lji  I' i<,  that  my  foiuilrynuii  will.  Ity  their 
conduet  at  this  period,  prove  to  iheii  overeij;ii  (hat  lliry  ii|ppn'ciale,  and 
are  worlhy  of  the  Iioons  -he  h;is  eoiili'ii, 'I  :  lind  lli;il  il  will  he  their 
pritli!  to  show  to  (heir  hnihren  at  hnuc  .audio  liic  ^Mrrounding  Colonies, 
that  tlicy  understand  their  dutii     ;»>  wrll  ;i-  ih<  ir  rij^hls. 

Thou^'li  a!l  the  incmlaTs  of  ilw  old  Fixecutivc  r«>nncil,  who 
had  had  scats  in  citlicr  l)raiudi  of  i)}r  fjc^islatiirc,  wcv  in- 
cludi'd  ill  Iho  iK'w  arraii<^('ni{'nts,  mortal  oil'ciicewas  jj^ivcn  to  the 
parly  who  had  siistaiiicd  Sir  Colin,  Uy  the  rciiioval  of  thn-c  or 
four  ^('iillcmi'ii  of  ^'rcat  wraith  who  had  not,  and  by  the  ap- 
pointnient  of  Mr.  llowc.  On  the  other  hand,  several  of  tlio 
leading  men  in  tin?  liberal  ranks  wvw  dissalisfu'd  bccaiiso  thu 
removals  liad  not  boon  more  extensive,  and  the  a|)pointinents 
from  that  side  mor(!  nnmi'rous.  'J'hc  mass  of  the  population 
were,  however,  hopeful  and  eheerfiil.  They  saw  that  great 
good  liad  been  done,  and  had  unbounded  ('(Uilidenee  in  the 
integrity  and  resources  of  their  leader.  On  the  tilst  October 
an  address  was  presented  to  Lord  Falkland  by  the  citizens  of 
Halifax.  We  presume  that  it  was  written  l)y  Mr.  Howe.  Re- 
sponsible  govcrnnunit  was  then  the  thought  up[)ermost  in  every 
man's  mind.     Were  we  to  have  it,  or  not,  was  the  (piestion. 

Whatever  differenees  of  opinion  may  exist  in  Nova  Seolia,  as  in  the 
mother  country,  U))on  political  (piestions,  Your  Lord.>liip  will  lind  one  all- 
pervading  feeling  of  loyalty  and  attaehnient  to  Her  i\I:ijesty's  i)erson 
and  government,  and  a  strong  desire  for  a  perpetual  union  with  our 
brethren  at  home,  under  kindred  institutions,  favorable  to  rational  liberty, 
and  having  a  broad  foundation  in  public  confidence,  "ioiir  Lordship's 
long  connection  with  those  distinguished  statesmen  to  wh.oiu  the  Dritish 
islands  arc  so  largely  indebtcil  lor  the  extension  of  political  and  nnmi- 
cipal  rights,  and  tlie  amelioration  and  improvement  of  their  institutions, 
leads  us  to  anticipate  that  your  host  exertions  will  be  used  to  extend 
their  principles  and  practice  to  the  Colony  now  placed  under  your  com- 
mand. Our  fervent  hope  is  that  your  Lordship  may  succeed  in  estab- 
lishing a  strong  administration,  cai'cfuUy  guarding  the  Quet'ii's  ])rero,^'l- 
tive,  while  consulting  the  interests  and  oijinions  of  the  people ;  and  that 


i 


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296 


THE  ANSWER. 


l£   ::> 


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If-'i 


|Tl( 


the  sound  principles  of  Colonial  government,  announcctl  by  Her  IMajes- 
ty's  ministers,  muy,  by  your  firmness  and  discretion,  be  peacefully  de- 
veloped and  generally  recognized  in  this  Province. 

The  answer  given  calmed  the  popular  excitement,  and  con- 
veyed to  the  country  an  assurance  that  times  had  changed,  and 
ihat  a  new  spirit  had  been  infused  into  the  Executive.  Lord 
Falkland  said :  — 

The  warm  admiration  you  express  for  the  Constitution  of  England 
proves  lliat  the  inhaljitants  of  Halifax  know  how  to  appreciate,  and  ai'C 
worthy  of,  the  blessing  to  be  derived  from  a  similar  form  of  government. 

I  am  anxiously  desirous  that  the  municipal  rights  and  privileges  en- 
joyed l>y  the  natives  of  Great  Britain,  should  no  longer  be  unshared  by 
their  fellow  subjects  in  this  country,  who  will  ever  find  nic  ready  to  aid 
in  modifying  or  remodelling  their  institutions,  when  changes  are  really 
rerpiired,  and  may  ho  safely  eHected  ;  and  I  trust  that  a  firm  and  fixed 
determination  on  my  part  to  consider  talent,  industry,  and  character,  as 
qualifications  establishing  the  most  valid  claim  to  distinction  and  prefei*- 
mcnt,  will  secure  to  the  public  tl.e  services  of  those  best  fitted  to  bring 
about  such  ameliorations  as  may  be  found  practicable. 

The  success  of  my  endeavors  to  Ci\<\-y  out  such  improvements  and  al- 
terations as  may  be  necessary  must,  in  a  great  degree,  depend  on  the  as- 
sistance and  su}>port  afforded  me  by  the  people  of  Nova  Scotia.  Living 
under  a  representative  government,  the  inhabitants  of  this  Province  are 
masters  of  the  means  by  which  British  institutions  have  been  attained 
and  matured,  mider  circumstances  of  difficulty  and  danger  that  this 
country  can  never  have  to  encounter  or  overccme ;  and  the  acquisition 
of  all  that  the  Nova  Scotians  can  reasonably  desire  will  naturally  flow 
from  the  wise  and  judicious  use  of  the  privileges  of  which  they  are  al- 
ready possessed. 

The  House  was  dissolved  on  the  same  day,  and  all  parties 
prepared  lor  the  elections.  A  powerful  opposition  was  organ- 
ized in  Halifax.  The  reformers  prepared  to  meet  it.  INIr.  Bell 
retired  to  make  way  for  the  Hon.  James  McNab,  and  that  gen- 
tleman and  Mr.  Howe  ascended  the  hustings  as  Executive 
Councillors,  making  the;  declaration,  for  the  first  time  in  Nova 
Scotia,  that  they  held  their  places  by  the  tenure  of  public  con- 
fidence, and  should  tender  their  resignations  to  the  Governor 
the  moment  that  the  support  of  che  people's  representatives 


-fcteaMw-- 


I       r.i 


PUBLIC   DINNER. 


297 


was  withdrawn.  The  contest,  under  the  old  law,  lasted  a  fort- 
night, and  the  four  reformers  were  triumphantly  returned  for 
the  inetro|)olitan  town  and  eonnty.  We  liad  our  share  in  this 
spirited  struijgle,  havini^  been  returned  as  IMr.  Howe's  colleague 
in  the  representation  of  the  comity,  both  of  us  by  largi;  majori- 
ties. When  all  was  over  we  were  entertained  at  a  pu])lie  din- 
ner, in  the  Masons'  Hall,  l)y  a  numerous  body  of  our  supi)orters. 
JMr.  Howe,  in  returning  thanks  on  this  occasion,  said :  — 

For  this  sumptuous  ontcrtainmout, — fortliis  proud,  llioii^h  ))crhaps  un- 
necessary display  of  the  talent,  and  int(\irrity,  and  jjuIjUc  spirit  of  the 
capital,  now  spread  before  me,  I,  as  one  guest,  thank  you  from  tiie  bottom 
of  my  heart.  My  own  si'utiments  were  common  to  all  your  representa- 
tives;  Ave  felt  that  this  cxhibilion  of  your  ])o\ver  and  feeling  was  not  re- 
quired; we  felt  tliat  the  gentlemen  who  had  acted  on  the  committee,  and 
those  who  supported  them,  had  had  laljor  and  trouI)l(!  enougli,  without 
assuming  more.  But  we  found  tliat  tlie  large  body  in  whose  hands 
we  had  placed  ourselves,  had  resolved  to  pay  us  this  compliment,  and  we 
submitted  to  your  wishes.  When  I  look  round  on  what  lies  before  me, — 
when  I  see  a  table  cifual  to  any  thing  that  I  have  previously  seen  ia 
Halifax,  and  surrounded  by  numljcrs  which  exceed  those  of  any  former 
festive  occasion,  —  can  I  but  feel  deei)ly  grateful  for  the  exhibition? 
"When  I  look  around  tlie  board,  let  those  who  o[)pos(^  us  say  what  they 
will,  I  see  the  stamina  of  this  community,  wliether  1  look  to  wealth,  in- 
dependence, moral  principles,  or  intelligence.  If  I  want  men  to  build 
ships  or  I'car  liouscs,  I  find  them  around  )()ur  board.  If  I  want  men  to 
conduct  the  mercantile  business,  or  the  retail  trade,  between  man  and 
man,  I  find  them  around  your  board.  If  I  want  men  to  bid  the  canvass 
of  the  country  lloat  before  the  winds  of  heaven,  and  convey  its  products 
to  distant  lands,  I  find  them  around  your  board.  If  I  want  men,  who,  in 
the  quiet  walks  of  life,  teach  the  great  moral  principles  to  their  friends 
and  families  —  if  I  want  men  fit  to  instruct,  to  support  scientific  institu- 
tions, to  refine  and  stamp  a  value  on  education;  abh^  to  meet  the  best  in- 
tellects of  the  country  in  legislative  debate,  or  to  give  eilieient  advice  in 
the  councils  of  the  Queen's  representative,  and  possessing  the  confidence 
of  the  country,  I  find  them  around  this  board.  If  I  want  men  who  rely 
on  each  other ;  who,  in  private  domestic  associations,  are  respected  ;  who 
cherish  their  families,  and  unite  to  strengthen  the  moral  independence  of 
the  frame  work  of  society,  I  find  them  around  this  board.  Is  it,  then, 
any  wonder  that  I  feel  myself  proud  to  be  among  you  r  is  it  matter  of 


I  ;'r    j 


m 


'ii;i 


H: 


fill 


1|' 


:^iil 


m 


r>h 


298 


PUBLIC  DINNER. 


1%-  IV 


'h  -j  II 


surprise  that  I  and  my  colleagues  should  feel  excited  and  exalted  by  the 
high  compliment  paid  us  ? 

There  arc  many  things  connected  with  the  occasion  particularly  grate- 
ful to  my  mind.  About  four  years  ago,  a  number  of  our  opponents  met  in 
this  very  room  to  chai-gc  tlie  reformers  of  the  Province  with  treason  and 
rebellion.  I'^ivc  months  ago,  as  many  as  sit  here,  met  for  the  j)urpose 
of  denouncing  your  representatives,  and  threatened  to  force  them  from 
their  seats.  It',  on  either  of  these  occasions,  those  persons  had  had  the 
gift  of  second  sight,  and  could  have  seen  in  anticipation,  this  hour  ;  could 
have  seen  the  wealth,  and  talent,  and  independence  which  are  met  here 
this  night,  they  would,  perhaps,  have  shown  less  presumption.  They  who 
met  to  denounce  us  as  abettors  of  treason,  would  now  find  that  wc  have  Her 
Majesty  the  Queen,  and  Lord  John  Kussell,  on  one  side,  and  the  Gover- 
nor General,  Lord  Sydenham,  and  the  Governor  of  the  Province  on  the 
other,  cheering  our  endeavors,  and  saying,  "Well  done  good  and  faithful 
servants.  Tliis  change  is  grateful  and  i)leasing  to  me  and  to  my  colleagues ; 
it  is  pleasing  to  some  who  are  not  in  our  position.  There  are  associa- 
tions beside  those  uientioned,  connected  with  the  occasion.  The  Great 
Teacher  said,  speaking  to  his  disciples,  that  those  wlio  would  be  honored 
should  huml)le  and  abase  themselves,  and  that  the  highest  should  wash 
the  feet  of  the  lowest.  On  this  occasion,  your  late  representative,  and 
he  who  sits  beside  him  in  the  chair  of  this  meeting,  although  neither 
occupying  a  seat  in  the  Councils  of  the  country,  both  hold  a  position, 
morally  and  politically  higher  than  any  in  House  or  Council.  AVe  may 
well  boast,  that  whether  we  are  called  to  contimic  or  to  retire,  to  occupy 
our  seats  or  to  withdraw  from  them,  the  popular,  the  liberal  party,  are 
ready  to  do  one  or  the  other.  There  are  times  when  the  triumphs 
of  others  touch  us  more  sensibly  than  our  own.  If  I  feel  proud  and 
honored  on  this  occasion,  I  feel  more  so  because  my  enjoyments  are 
shared  by  the  men  that  I  see  around  this  board,  who,  through  evil  and 
good  report,  when  the  banner  of  reform  fluttered  in  the  gale,  and  Avas 
often  sadly  shaken,  stood  beside  the  staff,  shook  the  bunting  to  the  breeze, 
and  faltered  not  in  their  public  duty.  There  are  men  hei'e  who,  in  other 
times  and  other  scenes,  would  have  dared  death  for  their  principles,  and 
would  have  laid  their  heads  on  the  block  rather  than  desert  them.  I  am 
proud  on  my  own  account,  and  more  so,  because  these  men,  who  strug- 
gled so  long  and  steadily  under  the  flag  of  freedom,  see  it  at  last  waving 
its  graceful  folds  above  their  heads.  I  may  say,  in  the  words  of  the  ira^ 
mortal  bard,  '•  Now  is  the  winter  of  our  discontent,  made  glorious  sum- 
mer by  the  sun  of  Falkland."  Having  weathered  the  tempest,  we  hav- 
at  last  attained  that  position  for  the  country,  which  makes  it  an  honor  to 


If 


)    I 


■m 


PUBLIC   DINNER. 


299 


be  a  Nova  Scotian,  native  or  acloptcd.  To  take  one  more  lesson  from 
the  bard  of  Avon,  I  ■would,  with  old  Pro.-pero,  here  break  my  wand,  cast 
aside  my  spells,  and  be  done  with  excitement ;  because  ihe  times  have 
changed,  and  peace  and  happiness  extend  over  the  land.  I  hope  to  call 
no  more  s])irits  from  the  vasty  deep  of  agitation ;  but  henceforward  to 
urge  you  to  employ  your  energies  in  support  of  the  government  of 
our  choice,  and  for  the  furtherance  of  measures  calculated  for  the  general 
good. 

Allow  me,  also,  to  improve  this  occasion,  by  warning  you,  that  you 
must  not,  as  the  friends  of  liberal  prineii)les,  expect  too  much  from  the 
government  at  present  established  over  us.  Our  duty  is,  to  give  to 
Lord  Falkland  a  generous,  manly  support ;  to  assist  him  in  carrying  out 
measures  wliich  we  believe  useful,  and  wait  with  patience  where  dilfi- 
culti(>s  arise,  and  not  expect  that  every  thing  can  be  accomplished  at 
once.  I  would  now  say,  that  so  long  as  you  feel  confident  that  llig 
Excellency's  views  aim  at  the  pi'ogress  of  the  country  and  its  institu- 
tions,—  so  long  as  you  feel  convinced  that  we  are  acting  zealously  in 
your  behalf, —  give  us  credit  for  good  intentions;  and  where  we  fail, 
believe  tliat  we  have  done  the  best  under  circumstances,  but  that  diifi- 
culties  which  we  could  not  surmount,  intervened. 

There  was  a  time,  when  looking  round  the  community,  and  the  Pro- 
vince generally,  only  a  few  could  be  found  who  cherished  the  spirit  of 
reform ;  but  now  I  feel,  that  if  myself  and  my  colleagues  were  to  perish 
to-night,  —  if  we  had  to  withdraw  at  once  from  all  sublunary  scenes, — 
that,  although  the  grass  might  grow  above  us,  our  principles  would  not 
die ;  they  are  engrafted  in  your  hearts,  and  in  the  hearts  of  your  chil- 
dren, and  I  defy  all  the  cliques  and  compacts  in  the  world  to  tear  them 
thence,  and  prevent  tliem  from  being  preserved  and  perpetuated  in  the 
country.  Nova  Scotia  has  a  high  duty  and  destiny  before  her.  Looking 
to  her  narrow  boundaries,  you  may  say  that  it  is  a  small  country,  and 
the  inhabitants  few  ;  but  her  inlhience  is  wide  and  important.  There  is 
no  sentiment  uttered  here  to-night,  whidi,  in  ten  days,  will  not  be  read 
on  the  shores  of  Lake  Ontario.  By  such  means  it  is,  that  this  little  Pro- 
vince has  more  inlluence  and  power  than  could  be  imagined,  looking  to 
her  geographical  extent  only.  She  has  an  influence  in  New  Brunswick, 
in  Prince  Edward  Island,  in  Lower  and  L'pper  Canada ;  and  my  pride 
and  hope  is,  that  we  shall  make  Nova  Scotia,  by  her  loyalty,  intelli- 
gence, and  spirit,  as  it  were,  a  normal  school  for  British  North  America, 
to  show  how  for  British  liberty  may  be  assumed  in  a  Colony,  and  at 
what  point  it  should  stop,  and  the  people  be  content.  My  own  belief  is, 
that  by  the  change  which  has  taken  place  in  our  Constitution,  and  by 


i    ■    ■  I     ; 

■ 

■  ,'  '! 

!^:li;- 

!|l 

300 


ELECTED   SPEAKER. 


your  intt'lli^^ciicf,  and  virtue,  ^ve  may  beooinc  a  \vliol(sonin  and  brij»lit 
example  to  all  our  .sister  Colonies.  You  j^ave  tin;  health  of  a  nobleman 
whom  I  was  proud  to  ,se<'  remembered.  1  allude  to  T.ord  Sydeidiara. 
To  his  penetration  and  firmness  •«•<>  owe  the  ehanfies  which  have  recently 
taken  plaee,  and  we  eaniiot  make  a  better  return  for  the  favors  conferred 
by  His  Lordship,  than  by  thiowing  the  influence  of  Nova  Scotia  into  the 
scale  of  Canadian  politics,  strengthening  his  hands,  and  giving  the  prin- 
ciples we  value  a  wide  circulation,  until,  in  the  language  of  the  toast, 
Great  Britain  "sees  her  fairest  features  reflected  in  the  western  wave." 


■Ij  ;" 


!J. 


z!!' 


The  I'lcelioiis  tliroughoiit  the  Province  were  most  satisfac- 
tory. All  the  members  of  the  Executive  Council  were  returned, 
but  at  tiic  same  time  tlien^  was  a  very  decided  majority  of  lib- 
erals s(!nt  in  to  maintain  the  ground  that  had  been  won,  should 
there  be  any  disjK)sJtion  to  go  back  to  the  old  principles  of 
govermnent. 

On  the  meeting  of  the  new  House  INIr.  Howe  was  elected 
Speaker,  beating  jMr.  Uniacke  only  by  a  majority  of  two.  This 
triumph  was  great,  though  the  majority  was  small.  For  a  self- 
trained  man,  having  sat  but  fom*  sessions,  to  spring  into  the 
Speaker's  chair  over  the  heads  of  four  or  live  professional,  and 
many  older  memb(}rs,  was  a  novelty  in  those  days.  Some 
of  Mr.  Howe's  ordinary  su])porters  did  not  vote  for  him,  how- 
ever, sincerely  giving  the  })reference  to  Mr.  Uniacke's  admira- 
ble qualifications,  or  doubting  the  extent  of  their  leader's 
knowledge  of  Parliamentary  law.  It  was  not  at  the  moment 
perhaps  very  great,  but  it  was  not  Mr.  Howe's  habit  at  that,  or 
at  any  time,  to  want  what  could  be  mastered  by  industry  and 
research.  He  studied  Hatsell,  and  the  best  authorities  dili- 
gently, and  we  do  not  remember,  during  the  two  years  he 
occupied  the  chair,  that  his  decisions  were  ever  disputed. 

Both  candidates  were  members  of  the  Executive  Council, 
though  neither  held  any  office  of  emolument  under  government. 
In  England  the  Speaker  is  a  member  of  the  Privy  Council, 
but  not  of  the  Cabinet.  It  was  clear,  therefore,  that  if  we  had 
a  Cabinet,  and  as  yet  the  development  in  that  form  was  suffi- 
ciently obscure,  our  practice  at  this  time  was  not  in  strict 
accordance  with  that  of  England.  The  discrepancy  was 
pointed  out,  and  ]Mr.  Howe  at  once  said  that  "if  the  House, 


Km 


I  .{i.iiii 


'''% 


ELECTED   SPEAKER. 


301 


by  resolution,  Hhoiild  say  that  the  ofllcos  were  inconipalible, 
he  would  be  prepared  to  vacate  one  of  them."  This  was  never 
said.  A  resolution  was  submitted,  but  withdrawn  after  del)ate, 
the  majority  beini^  reluctant  to  lose  Mr.  IIowcj's  services  in  the 
Executive  Council  at  that  period,  or  to  deprive  him  of  a  dis- 
tinction fairly  won  by  popular  election.  The  practice  has  since 
improved.  As  a  Cabinet,  includiiif^  heads  of  departments,  has 
become  a  nx'Ognizcid  institution,  the  Speaker  of  the  Lower 
House  is  generally  a  prominent  man,  friendly  to  the  adminis- 
tration, but  without  ])eing  a  nieml)er  of  it. 

On  the  lltli  of  February,  the  House  went  into  committee  of 
the  whole,  when  JNIr.  Howe  and  other  membc.s  of  Lord  Falk- 
land's Council  made  their  explanations.  These  were  i^iven  in 
various  forms  of  phraseology,  all  parties  naturally  feeling  that 
they  were  trammelled  by  the  past  and  touching  on  lender 
ground.  All  the  members  of  Council  in  the  Lower  House, 
however,  frankly  acknowledged  that  a  great  change  had  taken 
place.  That  the  members  of  administration,  brought  together 
by  the  force  of  circumstances,  w^hich  had  rendered  a  coalition 
desirable  if  not  inevitable,  were  henceforward  to  hold  their  seats 
not  by  the  lif(;  tenure,  but  by  the  tenure  of  public  confidence. 
That  they  were  to  prej)are  measures  in  the  recess,  and  submit 
them  to  the  Legislature,  taking  tin;  responsibility  of  failure  or 
success.  That  the  Governor  could  free  himself  from  anv 
unconstitutional  pressure  by  demanding  their  resignations,  iuid 
that  the  House  might  at  any  time  assert  its  power  by  resolu- 
tion, and  compel  them  to  resign. 

Had  the  explanations  in  the  upper  branch  been  equally  ex- 
plicit and  satisfactory,  much  suspicion,  irritation  and  subse- 
rpient  conflict,  would  have  been  spared.  But  they  were  not. 
In  a  debate,  which  occurred  there  on  the  17th  of  February,  Mr. 
Wilkins  made  a  curious  speech,  in  which,  after  describing 
the  sort  of  responsibility  contended  for  by  the  House  in  its  res- 
olutions, and  by  Mr.  Howe  in  his  pamphlet,  he  denied  that  any 
thing  of  the  kind  had  been  conceded.  "  He  did  not  believe 
that  the;  Province  had  obtained  the  English  Constitution,  or  that 
it  could  be  obtained." 

The  Solicitor  General,  IVL-.  Johnston,  made  a  still  more  per- 

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RESPONSIBLE   GOVERNMENT. 


plcxing  and  unsatisfactory  spcccli.  Aftor  tracing?  downwards 
the  series  of  measures  that  led  to  the  reeall  of  Sir  Colin 
Campbell,  he  said  :  — 

The  point  at  issue  was  not  the  mere  niotlc  of  constriictlng  the  Coun- 
cils, it  was  direct  respoiisibiUty  ;  the  forcinij;  of  tliat  principle  on  the 
representative  of  Her  Majt!sty.  'J'Im!  next  in([uiry  was,  —  in  what  position 
were  the  political  affairs  of  the  Province  at  the  present  time?  How  far 
had  responsibility  been  conceded  ? 

In  point  of  fact  it  was  not  the  intention  to  recognize  the  direct  respon- 
sibility which  had  been  dcneloped  in  the  address.  To  concede  such 
would  be  inconsistent  with  Colonial  relations.  The  Governor  was  re- 
sponsible to  the  minister,  who  was  responsible  to  the  crown  and  Parlia- 
ment. If  responsibility  had  not  been  conceded  what  had?  He  felt  in 
attempting  to  answer  that  question,  thai  the  subject  was  incapable  of 
exact  delinition.  The  res{)onsibility  at  home  had  grown  up  from  circum- 
stances. No  statute  or  resolution  contained  any  clearly  defined  limits 
of  the  powers  of  Lords  or  Commons.  Tiie  Constitution  of  which  British 
subjects  were  so  proud,  depended  on  the  operation  of  principles  reduced  to 
practice,  regulated,  not  by  defined  rules  or  statutes,  but  by  the  good  sense 
and  intelligence  of  the  people.  If  the  prerogative  pressed  hard,  it  met 
with  a  counterbalancing  check ;  if  the  claims  of  the  people  pressed  on 
the  prerogative,  opposite  clKX'ks  were  called  into  operation.  The  prin- 
ciples were  undefined,  but  ada))ted  themselves  to  public  exigencies.  So 
should  it  be  here,  and  everywhere,  where  it  was  desired  to  have  similar 
results.  The  moment  attempts  at  defining  were  made,  principles  diffi- 
cult to  he  controlled  and  calculated  to  cause  dangerous  conflicts  would 
be  called  into  existence.  They  should  be  allowed  to  operate  practically, 
regulated  by  the  good  sense  and  good  feeling  of  all  the  branches.  Direct 
responsibility  was  inconsistent  with  the  circumstances  of  the  country. 
What  were  the  characteristics  of  the  great  country  to  which  the  Province 
belonged,  and  which  possessed  responsibility  ?  The  orders  of  society 
there  were  various  and  well  defined.  There  were  the  manufacturing, 
agricultural,  and  monied  classes ;  and  popular  feeling  was  modified,  and 
undue  claims  repressed  by  the  operation  of  those  classes  one  on  the 
other.  The  Province  was  in  very  difl'erent  circumstances.  Excepting 
the  large  towns,  the  whole  country  was  united  in  feeling.  None  were 
much  elevated  above  others,  all  had  nearly  the  same  interests ;  and  if 
direct  responsibility  existed  here,  and  undue  power  were  sought,  corres- 
ponding checks  would  not  appear.  The  whole  pressure  would  come  on 
the  crown,  and  a  collisiou  between    the  people  and  the  government 


RESPONSIBLE   GOVERNMENT. 


303 


would  be  produced.  Tudcpcudeut  of  Colonial  relations  that  responsibility 
could  not  be  safely  possessed. 

The  changes  eoultl  not  be  defined  in  specific  terms.  It  was  not  a 
change  of  the  Constitution  as  had  been  said  elsewhere.  The  three 
branches  continued  as  bi'fore  ;  tiie  change  siini)ly  was,  that  it  became 
the  duty  of  the  r<'[)res('nfative  of  Her  IMajesty  to  ascertain  the  wishes 
and  feelings  of  the  people  through  their  r('|)r('sentatives,  and  make  the 
measures  of  government  conform  to  these  as  far  as  was  consistent  with 
his  duty  to  the  mother  country.  This  was  not  to  be  effected  by  any 
declaration  that  he  should  do  so  ;  not  by  any  power  of  the  Assembly  to 
say  that  it  was  not  done,  but  by  calling  to  his  Councils  individuals  pos- 
sessing influence  in  the  Legislature,  who  might  advise  measures  that 
would  secure  confidence  and  harmony.  Supposing  they  did  not  com- 
mand the  confidence,  was  the  Governor  bound,  at  the  bidding  of  the 
people,  to  change  his  Councils  ?  If  that  question  were  put  in  writing 
it  would  receive  a  negative  from  the  home  government.  Yet  who  but 
would  say,  that  in  the  present  position  of  the  Executive,  some  such 
power  existed.  If  the  Assembly  passed  such  a  vote,  a  Governor  would 
do  more  than  infiuirc  Avhether  that  was  the  fact ;  he  would  ask  the 
grounds  of  it.  If  he  found  those  sufficient  he  might  feel  it  requisite  to 
make  such  changes  as  would  comport  to  the  general  well-being  and 
cause  harmony ;  but  if  he  found  the  complaint  not  of  that  character,  it 
might  be  presumed  that  changes  would  not  be  made,  but  that  he  would 
appeal  to  the  people,  place  himself  on  their  good  sense,  and  ask  would 
they  return  men  inclined  to  pexplex  and  harrass  and  make  unreasonable 
claims. 

He  [the  Solicitor  General]  could  not  lay  his  hand  on  any  theoretic 
change.  The  system  was  not  that  sought  last  year  by  the  action  of  the 
Assembly  on  the  vote  of  want  of  confidence.  Lord  John  Russell  by  his 
dispatch  refused  that  form  of  government ;  and  he  [the  Solicitor  Gen- 
eral] could  not  but  retain  his  opinion  that  the  Assembly  then  was  pressing 
for  principles  that  could  not  be  wisely  conceded. 

The  power  of  the  Executive  Council  was,  heretofore,  very  indefinite. 
IIow  far  they  would  be  now  considered  responsible  would  depend  on  the 
discretion  of  those  who  administered  the  government.  The  Governor 
would  take  their  advice  when  he  considered  it  expedient  to  do  so,  and  he 
would  think  it  expedient  in  most  cases,  or  they  would  be  placed  in  diffi- 
culty respecting  measures  which  were  beyond  their  influence.  Nothing 
would  more  tend  to  preserve  the  harmony  desired,  than  that  the  respon- 
sibility of  measures  in  the  House  of  Assembly,  should  be  thrown  on 
the  Executive  Council  much  as  possible.     They  should  have  the  burthen 


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of  ii'  niitcli  iT-pnnsiliility  a.-;  consisk'il  Avitli  the  exercise  of  (he  (luties  of 
govenimcnl.  'I'li'y  ^\olll(l  !liti,-»  be  more  at  lil)erty  to  viiuliciUe  than  they 
coulil  lie  if  a(]\  ic(   Iiad  iiol  been  thought  and  taken. 

Mr.  SU'wari,  anolhcr  iiienibcr  of  the  govoriiment,  dccliirod 
that  — 

No  (■Iiaii,Lr<'  had  IxH-n  iiiaih'  in  the  Constitution  of  llie  eianUry.  and  the 
principles  of  responsiitility  had  not  l)een  conceded,  lie-ponsilde  gov- 
ernment ill  a  ("oloiiy  Avas  responsible  nonsense  —  it  was  indepencU'iice.  li' 
the  i-espon-iltle  government  aimed  at  elsewhere,  supposing  the  debates 
were  reported  correctly,  were  granted  by  a  minister,  he  would  deserve 
to  lose  his  head.  It  would  I)e  a  severing  of  the  link  which  bound  the 
Colony  to  the  mothi'r  country.  The  recent  changes  infused  a  i)rineiple 
into  the  govei-nnienl,  which  conveyed  by  practical  ojieration  privileges 
not  1  '..lerlo  cnjo^'cd  by  the  people.  It  was  nut  responsible  government, 
howe\er. 

Thcsf  spoocho?,  whotlior  so  iiitondcd  or  not,  created  at  once 
very  gretii  distrust  in  the  Hous(!  and  througlunit  the  connlry. 
It  was  evident  that  either  the  speakers  did  not  nnderstand  what 
had  been  r.^qnired,  or  that  they  desired  to  cover  their  retirement 
from  gronnd  that  Avas  untenable  l)y  showing  that  it  was  of  no 
vakie.  A  section  of  the  okl  liberal  party  had,  from  the  com- 
mencement of  the  session,  shown  symptoms  of  hostility  to  the 
government  because  it  contained  so  few  members  from  that 
side,  and  because  it  could  not  pledge  itself  [being  restrained  by 
a  dispatch  from  the  Colonial  Secretary]  to  adjust  tin;  civil  list. 
Between  his  new  colleagues  and  his  old  friends  Mr.  Howe  had, 
dm'ing  this  session,  his  hands  full.  His  first  care  was  to  reit- 
erate and  define  the  principles  upon  which  the  administration 
had  been  formed,  leavin<i[  those  who  ventured  to  gainsay  them 
their  option,  either  to  retire  from  the  Council,  to  acquiesce  in 
his  delinition,  or  to  demand  his  retirement.  On  his  attention 
being  called  to  the  speeches  made  in  the  upper  House,  Mr. 
Howe  said :  — 

That  he  cared  not  what  had  been  expressed  l)y  others  in  other  places, 
and  he  could  only  consider  that  the  reporters  had  re])oried  what  could 
not  liave  Ijeen  said ;  but  if  any  man  in  the  Colony,  in  that  House  or  the 
other,  said  that  there  Avas  no  change  in  the  Constitution,  the  person  so 


r 

RESPONSIBLE   GOVERNMENT. 


305 


ppcakinp;  would  not  state  what  was  the  fact.  If  it  wore  dcniod  that  the 
admiiiistnitioii,  and  every  admhiistrafinn  to  he,  forniL'd  in  the  Province, 
depended  on  the  confidence  of  tlio  popular  braiicli  for  support,  tlie  denial 
was  contrary  to  the  fact,  if  \]u'  pojtular  hrancli  was  true  to  itself.  It 
was  not  a  matter  of  taste  or  opinion,  when  the  House  passed  a  vote  of 
censure,  whether  the  Council  should  resign  or  not.  It  might  he  matter 
of  taste  with  the  Governor  whether  he  would  dissolve  the  House  or 
change  his  Council.  The  members  of  that  hody  would  have  no  taste  or 
discretion  in  the  mader;  they  were  bound  to  t<'nder  (heir  resignations, 
and  if  they  did  not  do  so  His  Excellency  would  send  for  them  in  half  an 
hour. 

A  few  days  afterwards  he  spoke  for  two  hours.     He  said :  — 

One  impression  which  had  gone  abroad  from  another  place  was,  that 
he,  as  one  of  the  majority  of  the  last  House,  was  anxious  to  establish  a 
form  of  government  characterized  under  the  term  KesponsiI)le  Gov<.'rn- 
mcnt,  which  had  been  described  as  responsible  nonsense,  and  which 
differed  widely  from  the  system  now  established.  Other  views  were  also 
given  of  the  objects  of  that  majority.  In  his  place,  that  day,  in  behalf 
of  that  majority,  he  demanded  proof  of  the  assertions.  In  no  document, 
issued  from  the  last  Assembly,  were  the  words  responsible  government 
once  used.  The  very  form  of  government  which  that  majority  pressed 
for,  was  the  precise  form  which  had  been  obtained.  He  held  the  report 
of  a  debate  that  had  occurred  elsewhere  in  his  hand,  and  there  it  ap- 
peared, that  the  majority  had  been  charged  with  striving  after  some  chi- 
mera described  as  direct  I'esponsihilltij.  The  fact  was,  that  the  responsi- 
bility striven  for  they  had  now  secured.  A  vote  of  that  House,  now,  might 
place  the  Governor  in  this  position  ;  he  should  discharge  his  Council, 
change  his  policy,  or  dissolve  the  House.  That  was  the  system  which 
every  man  of  the  majority  had  in  view,  and  it  was  truly  British.  Sir 
Colin  Cami>bell  would  do  neither  of  the  three.  He  evaded  the  dispatch 
by  which  the  new  policy  was  announced.  His  Council  would  not  resign; 
be  Avould  not  dismiss  them ;  he  shrunk  from  dissolving  the  House,  and 
finally,  all  parties  in  the  Colony  shifted  the  responsibility  off  their  own 
shoulders  to  those  of  the  Secretary  of  State.  That  system  was  at  an 
end.  The  responsibility  now  rested  on  the  Governor  and  his  Council, 
and  whether  it  was  called  direct  or  indirect,  it  was  sufficient  to  insure 
good  government.  The  direct  responsibility  which  he,  as  an  individual, 
contended  for,  had  reference  only  to  local  appointments  throughout  the 
country.  That  opinion  he  yielded,  as  an  individual,  to  the  better  judg- 
26* 


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moiit  (if  tilt'  (lovcniiir  (loni  nil.  The  ( Jovcnior,  a-  tlio  Qurcn's  ropre- 
sontalivc,  slill  disiiciiscd  ilii>  piitroiia;:^!',  Iml,  as  tli(>  Cotmcil  Avoro  bound 
to  defend  Ills  a|ii)oiiilMi('iits,  llic  rcsponsiliilily,  even  as  rej^ardcd  api)oint- 
ments,  \va>  nearly  as  jrrcat  in  llic  one  case  as  in  the  other.  He  made 
these  stalenu'nts,  in  order  that  tlie  eountry  might  bo  set  right,  and  Ins 
own  public  eliaracter  vindieated. 

With  the  refractory  hkmiiIxts  of  his  own  sido,  lie  romoii- 
stratcd  with  ('([uul  shicerity.  Ho  sliowed  them  how  iiiuch  hnd 
been  gahietl ;  liow  iinpossibh"  it  wtis,  when  general  j)riiK'iples 
had  been  yiehh'd  which  secured  to  the  jjcople  the  rii^ht  to  mould 
and  control  llu^  administration  in  all  time  to  come,  when  four 
or  liv(!  i^endemen  had  been  removed,  and  the  conduct  of 
ailairs  intrusted  only  to  those  wiio  liiid  seats  in  the  Legisla- 
ture, that  he  could  contiiUK;  a  course  of  fruitless  o[)position,  or 
refuse  to  give  his  ct)unsel  and  aid  to  the  Queen's  representa- 
tive. II(^  showed  that  he  had  twice  refused  seats  in  the  Exec- 
utive Council  because  the  j)rincii)l(!  of  responsibility  had  not 
been  conceded,  and  that  he  had  urged  the  Governor  General  to 
leave  him  out  of  the  new  arrangement,  i)ledging  himself  to 
sustain  the  administration  if  Mr.  Huntington  and  Mr.  Youn" 
would  go  in.  A  single  passage  will  show  the  tone  assumed  to- 
wards his  old  friends :  — 

What  position  should  the  members  of  the  old  majority  have  taken  up  ? 
Their  priiiei[)les  had  been  adopted  ;  they  had  shown  their  powci'  by  the 
choiee  <jf  a  sjjcaker ;  they  should  have  kept  a  united  I'ront,  supporting 
the  government  cordially,  but  stimulating  or  cheeking  it  as  circumstances 
should  warrant.  lie  did  not  think  that  their  duty  was  to  create  the  kind 
of  opposition  which  had  been  attempted,  and  defeated  from  time  to  time,  and 
which  he  was  sorry  to  observe.  Their  natural  position  was  proud  and 
honorable,  and  they  should  have  taken  it  up  with  dignity,  and  maintained 
it  with  discretion.  They  had  gained  many  concessions  from  the  mother 
country,  had  made  a  fair,  honorable  arrangement;  they  stood  on  high 
ground,  while  their  opponents  had  but  saved  their  honor.  Thus  all  were 
enabled  to  combine  and  carry  forward  the  improvement  of  the  country, 
lie  sliould  be  sorry  to  part  company  with  old  friends ;  they  could  do 
most  good  when  together.  While  they  acted  with  him  they  had  ad- 
vanced on  from  triumph  to  triumph,  but,  within  the  past  fortnight,  they 
Lad  fallen  from  defeat  to  defeat.    They  should,  according  to  his  view, 


Bi;  fs 


!i  '    :  ■  !^ 


INCOIiPOnATION  OF   HALIFAX. 


307 


Imvc  taken  ii  (lifTcront  itosliioii,  slioiild  Imvo  supported  llic^  ;j;i"»vcriiiiiciit 
as  estivblislit'il,  gi\  iiijf  it  a  (iiir  trial,  ami  slioultl  have  yoiic  on  (Icvciopin^j; 
ami  working  out  tlicir  own  principles,  so  far  so  was  consilient  with  tlio 
circumstances  of  the  coinitry.  Thus  they  would  have  t'ornieil  a  whole- 
some check  on  the  govermni'iil,  it'  that  liody  liiltcred  in  il-^  duty,  antl 
woidd  have  held  a  position  of  weii^ht  an<l  dignity.  "Would  he,  as  jv 
mcniher  of  the  Council,  have  had  his  hands  strengthened  <pr  weakened, 
l)y  his  i'riends  occuftying  that  po-^ition?  \\y  doing  so,  they  would  have, 
remained  united,  and  instead  of  showing  the  di-nnion  and  weakne-s 
which  hail  lately  marked  their  ads  and  councils,  been  i)()werl'ul  lor  good 
or  evil,  which  they  were  onoe,  ami  would  have  continued,  had  they  fol- 
lowed the  coiM'se  he  had  indicated.  If  ihey  hail  done  so,  would  the 
government  have  denied  ihian  their  just  inlluence,  as  opportunities  jf- 
I'ered  ? 


'm 


'( 


■I  1 


'S 


The  ('fleets  of  tliis  speech  were  neeii  on  the  (livision,  a  mo- 
tion, iiiteiitled  to  embarra^is  ilic!  goveniineiit,  behiiif  sustaiued 
only  by  a  irihiority  of  six.  A  generous  support  AViis  i^iven  to 
the  achninistration  during  the  remainder  of  the  session,  and 
some  vahtiibh;  measurers  were  jiassed. 

Among  these,  was  a  ]Vill  for  incorporating  the  City  of  Hali- 
fax, wiiicii  hail  been  carefully  prepared  during  tlie  recess,  and 
was  brought  down  from  th(^  govenunent.  It  had  the  support 
of  its  members  in  both  branches,  and  was  passed  by  large 
miijoritics.  It  was  the  first  fruit  of  the  new  system,  and 
practically  illustrated  its  value.  Two  years  before,  one  of  the 
fiercest  battles  that  we  ever  remember  to  liav(!  secMi  in  ouv 
Legislature,  in  which  personal  collisions  were  hardly  avoided, 
ended  in  the  defeat  of  a  Bill  to  incorporate  Halifax. 

Mr.  Howe,  during  this  session,  made  an  attempt  to  introduce 
into  this  country  the  New  England  system  of  free  schools,  sup- 
ported by  assessment.  No  measure  was  brought  down,  but 
the  opinion  of  the  House  was  tested  by  an  amendment,  moved 
on  the  ordinary  School  Act.  Public  opinion  was  not  prepared 
for  this  important  change,  and  the  proposition  was  negatived 
by  a  large  majority.     His  speech,  on  the  occasion,  is  preserved. 

Mr.  IIowo  said  that  he  felt  it  might  have  been  expected,  that  ho 
should  have  given  some  notice  of  the  subject  thus  introducetl ;  but,  as  he 
Avas  in  the  chair,  he  could  not  do  so  when  the  report  of  the  coiuuiittcc 


^*T  I 


II" 


fi»! 


■Ill 


II 


111 


*    I, 


308 


EDUCATION. 


'l!i 


■  rV 


wnn  l)n>ii;^lit  in,  and  ho  hail  not  the  opportunily  in  ii  siihs('([U('nl  slaLTC 
IIo  I'onsidricd  thai  as  the  (incslion  was  likvly  to  ho  raisi'd,  whrlhcr  or 
not  coniMion  srhools  sliouhl  he  supported  hy  assessment,  every  ineniher 
woidil  have  tho  privih';;e  of  expressing  his  opinion  on  the  matter.  IIo 
I'eh  deejtly  interested  in  the  question,  and  was  anxious  to  <j:rt  iVoni  the 
House  ii  sanetion  of  th(!  only  prineii)le  on  whicli  tlie  I'ro\ine<!  couhl 
found  gen<ral  education. 

Some  (piestions  were  so  broad  in  their  hnso,  so  elevated  in  ahiludo, 
and  involved  so  much  of  the  dearest  interests  of  the  whole  people,  that 
they  were  raised  far  ahove  faction  and  party,  and  recpiired  the  calmest 
and  }j;ravest  consideration  of  every  ineniher.  The  subject  tiien  helbro 
the  House  was  one  of  these;  and,  lie.-ide  the  deep  attention  which  it 
required,  every  one  should  feel  tlu!  great  responsibility  which  it  imposed. 
The  subjec;t  of  education,  in  a  Province  like  Nova  Scotia,  was  one  of 
the  most  important  which  the  Legislature  could  be  called  to  consider. 
Compared  with  it,  (piestions  of  roads,  and  of  (isheries,  and  of  polities,  sank 
into  insignidcanco.  Or,  as  the  member  Ibr  Yarmouth,  who  sat  beside 
him,  had  just  suggested,  these  were  all  absorbed  in  the  other;  for,  if  the 
people  were  intelligent,  —  if  they  were  educated,  —  they  would  not  bo 
without  the  means  of  raising  money,  of  making  roads,  of  forwarding 
enterprise,  and  regulating  matters  of  trade.  Among  the  unethicatod, 
nothing  was  established,  or  firm,  and  tlu!  spirit  of  self-sacrifice  —  so 
necessary  for  the  wise  management  of  pul)lie  alVairs  —  was  wanting.  In 
inviting  the  attention  of  the  committee  to  the  nuifter,  he  hoped,  that  not- 
withstanding they  were  so  near  the  close  of  the  session,  they  would  feel 
its  importance,  and  give  the  c(msideration  that  it  demanded.  He  had 
been  on  the  committee  of  education  for  the  last  four  years.  When  that 
body  met  for  a  first  lime,  the  steji  taken  was  somewhat  similar  to  the 
action  of  the  ])resent  connnittee.  They  took  up  the  old  School  Act,  and 
made  some  improvements  in  it,  concluding,  for  various  reasons,  that  tho 
country  was  not  prepared  for  the  j)rinciple  of  assessment.  Some  of  those 
reasons  Avere  yet  in  force,  and  some  of  them  had  ))assed  away.  The 
committee  resolved  to  recommend  an  additional  i."  1000  in  support  of 
common  schools,  and  to  go  on  under  the  old  system.  He  regretted  the 
course  thiit  had  been  pursued  in  the  last  House  on  this  subject,  and  took 
some  of  the  blame  to  himself.  There  was  a  majority  in  the  committee, 
and  in  the  House,  in  favor  of  the  principle,  but  they  were  afraid  to  take 
the  responsibility.  One  difficulty  which  existed  then,  but  had  been  re- 
moved since,  was,  that  the  Assembly  and  the  Executive  were  in  a  state 
of  conflict ;  and  they  felt,  that  if  they  passed  a  law,  involving  the  prin- 
ciple, in  carrying  out  the  details  it  might  be  made  to  operate  so  un- 


^injy.j^ 


i'h' 


KOtlCATION. 


:u)9 


idcasaiiily  n-*  to  excite  the  |ic(iiili'.  miiiI  mi  llie  |Hi|iiilar  Ih'miu'Ii  lir  cut  up 

liy  llic  Uril|iil|l-i  >\llii-|l  il-i'll' liaii  riirili-hi'd.      'I'lie  tlrlilM'I'aliiiM^  tlu'l 


I  ucrc. 


ill  ilir  ('iiiiiiiiill<-('  riioiii,  ami  tin-  piililii'  kmsv  lidli'  nr  uniliin'j;  nl'  wliaL 
Vas  ;r<MliJ^  oil.  'Ilii'  coiiiliiitli'i'  I'tll  llial  llie  iiialtrr  |ia>|  iirvi  r  Imtii  ijiirly 
Icsli'd,  ami  wirr  rcJiaMaul  In  ijial  wiili  llic  (|in-iinii  in  a  -|iiiii  uhii'li.  it' 
cnli'ilaiiH'il,  iai;:lit  Iiavc  .-ritlnl  it  I'im'cmi'.  IIi'  lili  -ali-liiil  llial  tlio 
^'I'litlranii  w  liii  Iiniii'ilil  ill  the  [irc-ciit  n'|iiiil  liail  ;:ivi'ii  iiiurli  aliciiiioii 
(o  till' siiiiji'i'l,  ami  liail  .-"ii^-'jii'^ti'il  -cvrrnl  iiniirusi'inciit-.  Il'  iIh'  lluii~(! 
hIkhiIiI  ilfcidc  ai:aiii»l  a->('s>iii(iil,  |wrlia|i>  lliry  cniiM  iml  i|<>  lii'iicr  iliaii 
adupl  the  aimiidimiils  propo-cd,  willi  mihk;  .-ji'^lit  imidilii'aiii)iH. 


Il.'di.l 

li(»t  mean  1(1  allai'k  the  rc|iiirl.  Imt  iMl  il  hi-  duly  In  try  iIh'  m'Ii-i'  of  iJic, 
J|(ia~i' upon  till' a-,-i'~-inriil  piim'i[ili'  iifliire  llial  duriiimnl  -jiniild  nrrivts 
lull  coiiciin't'iicc. 

Sniiicliim'-,  .ureal  (|iic-iinii-  were  carrii'd  liy  |ir<--.iiri'  iVnm  wiilidiit 
acliii^  nil  llic  Lci^I-latiirc,  and  xiim'rimcs  I.y  an  iiiN  III;.;i'ul  i<c,LrI-laliini! 
iii'( '•■;.« i n;4  < 111  liic  pcnplc.  lie  iidicvcd  ihc  lime  wa-;  lia-lcuin:.';.  wlicn,  in 
(.'itlicr  nl'  llicc  WAX-,  llic  pi'lnciplc  wmilil  lie  caii'Icd  ;  when  iheie  wmild 
not  he,  thr(iii;^liniil  llic  Icnuih  and  hreadlli  ni'  ihe  land,  a  iaiiiily  to  uhicli 
the  li^ihls  ol'  a  cnininnii  ,-chiiol   cdiicallnn   wmdd   mil    he  acce--il)lc.      He 


vas  aware  ihal,  in  pre~-iii'_;'  In-  \iew-,  he  would  na\e  in  nieel  ilio.-c 


who 


]iad  a.-.-crJcd  dill'erent  o|iinioiis  in  the  cniiuniilce;  Iml  loi.ic  of  ihal  coiii- 
inillce  aLirccd  wilh  him,  and  he  hop'd  ihai  oilieiv:  niluhl  he  Inihiei  d  to 
do  so.  At  ihe  wofsl,  he  would  a[ipeal  i'roiu  lliciii  lo  the  llou'.',  —  to 
that,  coiinnillcc  of  ihu  Province,  —  and  a-k  thi'iii  In  .-andioii  llie  only 
l)rinci[ile  which  could  lead  to  a  .-oiiiid  sy-teiii. 

His  Ivvccllciicy's  speech  included  siiiiL'i'slioii  -  on  this  suiije<'t  ;  they 
conlained  the  o|iini<in>  of  an  iiilelli'nait  slraiiier,  du  the  pn-ilinii  of  aifair.-j 
us  he  found  lliein  in  the  l'ro\iuce,  lie  [.Mr.  Howe]  wa<  pi'e|iared  to 
Slil)pnrt  till'  pi'iuciple,  not  hecau-e  il  wa-  mi  rccniiunendcd,  luiL  as  ail 
individual  niciiiher  of  this  A<seiiihly,  i'loni  an  opinion  foiindeil  on  lii.'S 
lic'cpiaiiitaiice  wiih  the  stale  of  sijciely  in  the  I'l'ovince.  (Jentlcmcil 
niiglil  ^ay  that  the  princi|ile  ol'  a-ses.-iaent  iiuolved  ;ireal  responsihility ; 
bal  he  would  impiire,  was  there  no  re-[ionsil)Ilily  involved  in  not  iio 
toiiiiilishiiit^  any  thing?  in  not  doing  what  good  was  in  their  power?  If 
lie  could  see  a  large  majority  uf  the-  Hoiu-e  declare  that  education  should 
bo  ■within  the  reach  of  every  family  iu  the  Province,  that  every  ehikl 
bIiouUI  g('t  the  rudiments  of  learning,  he  would  willingly  assume  llio 
responsibility,  and  would  ela-eifiilly  I'etire  from  the  Assc-mhly,  ii'  that 
sliouki  he  the  penalty,  satisfied  that  he,  as  (jue,  had  dom;  good  enough; 
that  those  with  wdioin  he  had  been  associate  d  had  coiil'crred  great  bles- 
sings oil  the  country,  ami  might  leave  subsecpient  legislation  to  their 


r  )l 


#ii 


\' 

if 

r  ■  1, 


.:  I?! 


W.iht 


■>   i 


I  iifi>  I  { 


\lm 


Ii: 


'if! 


il     c 


310 


EDUCATION. 


¥M 


'^     .  !' 


Ill     . 


successor?.  lie  lioped  to  sec  the  day  that  that  wouhl  carry,  and  to  find, 
even  thcni.  in  tliat  coniniittce,  something  hke  a  tree  expression  in  favor 
of  the  jirineiplc.  31enihers  were  apt  to  become  so  engaged  with  local 
interests,  as  ahnost  to  unfit  their  minds  for  the  calm  considt/ration  of 
great  topics.  Ihit  he  a|)p('ah'd  to  genth'men  who  were  proud  of  the 
Province  that  they  were  intrusted  to  r('i)resent,  wlietlier  any  tiling  was 
so  calculated  to  excite  attention,  as  the  (piestion  whether  the  people 
should  !»('  universally  educated,  or  one-third  be  allowed  to  remain  in 
lamentable  ignorance  ? 

He  might  turn,  for  illustration,  to  countries  Avhich  they  should  be 
happy  to  follow,  —  to  those  ancient  systems  which  modern  times  were 
proud  to  imitate,  —  and  ask  whether  it  was  not  the  duty  of  Nova  Sco- 
tians,  in  that  early  stage  of  the  history  of  their  country,  to  endeavor 
after  similar  advantages.  Look  to  the  United  States ;  persons  had  said 
that  the  free  institutions  of  that  country  had  caused  it  to  make  the  pro- 
gress for  which  it  had  become  remarkable.  lie  honrred  those  who 
founded  the  infant  republic,  —  under  circumstances  they  did  wisely,— 
but  was  it  the  mere  political  institutions  that  conferred  superiority? 
Were  not  the  boundless  resources  of  a  young  country  operated  on  by 
almost  universal  intelligence  ?  What  gave  an  active  po[)ulation  to  the 
valley  of  the  Mississippi,  to  the  territory  of  Texas,  to  the  western  prai- 
ries, except  a  surplus  ])oi)ulation  which  had  been  trained  in  the  common 
schools  of  New  England.  jMassachusetts,  by  its  almost  universal  men- 
tal cultivation,  could  throw  off  its  swarms  to  every  point  of  the  compass, 
which  were  ready  to  direct  and  lead  the  way  among  new  communities. 

In  the  olden  time,  it  was  well  known,  although  the  phrase  was  mod- 
ern, that  "  Knowledge  -^vas  Power."'  No  people  ever  rose  to  eminence, 
no  nation  ever  attained  a  brilliant  rank  in  the  pages  of  the  i)ast,  Avhich 
did  not  acknowledge  the  maxim.  Who  now  ran  over  ancient  story  for 
the  purpose  of  reading  of  deeds  of  arms,  of  fields  marked  by  carnage  ; 
who  now  track(Ml  the  steps  of  the  rude  destroyer,  who  made  battles  his 
prid(!  and  pleasure,  and  set  up  a  false  standard  of  worth  before  a  misled 
people  ?  Was  not  the  object  of  study,  rather,  the  progress  of  knowledge, 
the  growth  of  art  and  science,  and  the  elevation  of  nations  in  the  moral 
and  intellectual  scale.  If  the  fact  that  knowledge  is  power  was  known 
in  ancient  days,  and  prized,  how  much  more  should  it  be  now,  and  in  a 
country  such  as  Nova  Scotia.  Look  to  its  size,  its  position,  the  number 
of  its  inhabitants,  and  by  whom  they  are  surrounded,  and  strong  induce- 
ments would  be  at  once  seen  for  the  spread  of  intelligence,  and  by  it 
the  multiplication  of  power.  They  were  but  200,000,  in  a  narrow 
epace,  surrounded  by  millions,     Were  they  not  called  on  to  increase 


m 


■,,i  s 


EDUCATION. 


311 


their  energies  ?  and  how  ?  Was  it  by  attempting  to  wrest  power  from 
those  who  constitutionally  possessed  it  —  by  assuming  any  thing  which 
a  Colonial  condition  rendered  inexpedient  ?  No,  but  by  increasing  in- 
formation and  intellect —  by  adding  to  the  intelligent  minds  who  could 
illustrate  the  axiom  that  knowledge  was  pijwer.  Even  when  the  IMicmac 
roved  unchecked  through  the  wilderness,  knowledge  —  the  knowledge 
of  the  woods,  native  talent,  energy,  and  aciiteness  —  gave  one  man  influ- 
ence over  another,  and  proved  the  truth  of  the;  maxim.  Classic  history 
teems  with  evidences  of  the  superiority  of  the  educated  over  the  mere 
physical  mass.  ITowmuch  more  is  this  the  ease  in  modern  times.  Now, 
instead  of  the  wooden  hoi'se,  and  the  eatajjultie,  and  the  burning  glass, 
there  were  the  battering  train,  the  shell,  and  the  army  surrounded 
by  all  the  appliances  of  modern  science.  Then,  in  the  peaceful  arts,  they 
had  but  feeble  attainments  —  now,  there  was  the  railroad,  the  steamship, 
the  factory,  and  all  that  so  vastly  increased  human  capability. 

It  might  be  said  that  the  Province  was  only  a  small  <lependency  of  a 
great  em])ire,  and  therefore  it  should  he  content  with  its  present  status. 
"Would  that  be  the  reasoning  of  an  intelligent  youth?  would  he  l)e  satis- 
fied with  his  father's  character  and  acquirements,  and  not  seek  reputation 
for  himself?  If  that  would  be  unwise  and  improper  in  the  son  of  a 
family,  so  would  it  bo  in  a  Colony  however  small.  The  duty  of  the 
Protince  was,  so  far  as  it  could,  to  emulate  the  example  of  that  great 
country  from  whicli  it  sprung,  and,  if  possilde,  to  go  beyond  it  in  the 
intellectual  race.  If  he  were  asked  what  kiml  of  knowledge  he  would 
cultivate  here,  his  answer  was,  first,  give  your  civilization  a  base 
co-extensive  with  the  Province,  and  let,  if  you  choose,  its  apex  pierce 
tiie  highest  heaven  of  imagination  and  art.  Start  with  the  proposition, 
that  every  child  shall  have  tho  rudiments  of  education  —  that  from  Cape 
North  to  Cape  Sable,  there  shall  not  be  a  family  bi^yond  the  reach  of 
common  schools ;  not  a  child  who  is  not  ac(piainted  with  reading,  writ- 
ing, and  arithmetic ;  give,  then,  the  means  tor  the  highest  progress,  if 
you  will,  but  make  sure  of  the  broad  basis  for  all.  Be  certain  that 
all  have  the  rudiments,  leaving  the  higher  steps,  in  the  sulliciently 
abundant  seminaries  of  learning,  to  those  who  may  be  inclined  to 
ascend  them.  IIow  Avas  the  Province  to  maintain  its  own  station 
among  surrounding  multitudes  ?  The  mere  boundaries  might  be  pro- 
tected by  the  armies  of  England ;  but  the  people  would,  of  necessity, 
be  influenced,  mentally  and  politically,  by  those  around  them,  as  one 
portion  of  the  hunv.'.n  family  operated  on  its  neighbors  —  except  their 
intelligence  and  civilization  were  higher  than  those  of  tlte  surrounding 


!J!':; 


I    ,| 


T";!  'I 

u 


lit 


«:. 


! 

: 

i-  ■  i ; 

1 

:  i 

>;  ' 

.  ( 
■-f 

liiij 

! 


1*1 


.,.       I.      £ 


m  w 


lll'iiNil^f 


312 


EDUCATION. 


nia«scs,  in  wliii'li  or.-o  flicy  -would  becoinc  lli(>  (ipcrutiii'x  jiowcr.  Leave 
education  as  at  i)r('sriit,  luid  tin'  countrv  niu-t  1)C  iuducuciMl  1)v  the 
cncrtrv  ami  talent  of  tlio.-e  ai'ound  ;  make  (.'ducation  cocxIcnsivL'  with  the 
popidation,  uive  the  people  a  high  position,  and  then  they  would  exert 
an  inllncnec  on  all  surrounding  countries.  Would  not  liiat  he  wise? 
Should  they  not  emulate  the  hi'ighl,  exaniph;  of  the  motlier  country, 
and  prove  that  hen;  the  lirilish  blood,  and  language,  and  name, 
had  not  degenerated?  Although  of  necessity  cut  off  Iroin  niauy  means 
of  infornialion,  and  stores  of  literature  and  learning,  which  time  had  ac- 
cunndated  theiv,  they  should  >how  that  they  hail  made  tlu;  most  of  their 
limiteil  resources,  and,  >o  far  as  they  could,  had  elevated  their  portion 
of  the  pei)pi(.'  of  America.  "NVei'e  thei'c  any  who  did  not  feel  pride 
in  the  Xo\a  Scotian  enterprise  wliieh  1)ridged  the  Atlantie  with 
steamships,  and  at  oilier  evidennes  of  the  Pi'ovincial  character  and 
genius,  which  made  the  country  better  known  at  home?  AVcre  any  so 
careless  of  the  character  of  the  whole  jieople  as  not  to  give  them  all  the 
advantages  which  they  ought  to  possess?  This  might  not  be  the  time 
—  gentlemen  might  not  be  prepared  to  go  into  all  the  details  necessary 
for  ]ierfecting  a  measure  founded  on  assessment,  but  they  should  ex- 
change views  on  it,  and  compare  notes,  and  so  hasten  on  the  hour  at 
Avhich  it  might  be  secured. 

The  triangh;  was  a  simjde  figure,  yet,  by  its  propei'lies  oceans  were 
travei'sed  and  planets  measured.  The  threi.'  elements  of  n'ading,  writing, 
and  arithmetic  Avere  simple  in  themselves,  yet  the  schoolboy,  qualified 
with  these,  had  the  means  of  all  knowledge  ;  not  of  the  mere  information 
that  was  acipiired  by  experience  and  observation,  but  of  that  which 
passed  from  hand  to  hand,  and  was  the  result  of  laljoi',  and  genius, 
and  seienlilic  in([uiry.  CJentlemen  might  feel  the  iin[)oi1anc(!  of  what 
he  was  urging,  by  asking  for  Avhat  consideration  would  tlicy  allow  these 
rudiments,  and  all  they  had  actpured  by  them,  to  be  stricken  from 
their  minds.  They  were  but  fifty  men;  yet  if  that  blank  were  made, 
Avould  not  the  country  miss  their  varied  information?  "Where  would 
their  families  turn  for  the  skill  which  wisely  conducted  ihi/ir  affiiirs? 
"Where  would  themselves  turn  for  the  acciunulatcd  stores  on  wliieh 
they  now  relied  for  the  duties  of  matiu'e  life  and  for  the  solace  of  old 
age?  Tlicy  were  only  fifty  men  a<seml)led  on  the  lloor  of  that  House; 
and  if  the  idea  urged  was  painful,  —  if  they  could  not  bear  the  thought 
of  being  robbed  of  those  sources  of  pleasure  and  power  —  if  they 
would  jirefer  parting  with  every  thing  else  than  the  knoviledge  and 
intelligence  that  distinguished   them   from   tlie  mass,  they  should  ask 


:'rf 


if .  Iff 


writing, 

ualified 

:)rinulioa 

:U  wliicli 

genius, 

of  Avliat 

)\v  these 

11   from 

•e  made, 

e  would 

affhirs? 

n   wliieli 

of  okl 

louse ; 

liouglit 

if  they 

;lg(>  and 

uld  a.-=k 


EDUCATION. 


313 


o- o  "P 


thcmsclvos  were  tliore  not  ten  thousand  Nova  Scotians  growing 
without  tlie  simplest  rudiments  of  learning?  The  committee  slioidd 
also  eonsidei',  if  that  number  were  growing  u\}  without  any  ediieatiou, 
were  iho.-e  who  received  some  attention  taught  as  they  should  he?  Had 
they  the  hest  system  ;  or,  in  many  cases,  any  thing  like  a  system  ?  AVas 
there  tile  uniformity  that  should  exist  on  a  subject  of  this  importance? 
lie  was  led  to  believe  that  many  of  those  who  were  called  on  to  impart 
the  education  provided  by  the  Pro"ince,  did  not  exhiliit  that  missionary 
zeal  which  was  requisite  I'or  carrying  out  the  wishes  of  the  gov- 
ernment. The  ado[)tion  of  the  committee's  report  might  do  good;  it 
might  introduce  more  uniformity  and  eiriciency,  but  it  did  not  go  far 
enough.  Under  the  old  system,  or  that  pro^iosed,  the  entire  population 
could  not  be  educated;  nothing  but  assessment  would  i)e  ellectual.  Gen- 
tlemen from  the  country  felt  reluctant  to  say  so,  l)ut  the  time  would  come 
when  they  Avould,  and  then  the  want  of  the  rudiments  of  education 
Avould  be  considered,  throughout  the  country,  as  lowering  the  caste  of  a 
family,  and  as  a  state  of  degradation  i'rom  which  they  could  and  should 
emerge.  All  this  could  not  bo  accom[)lished  except  by  plain  speaking  in 
that  1  louse  ;  by  acting  with  vigor  and  wisdom.  lie'  could  not  state  exactly 
what  the  present  schools  cost  the  ]ieople ;  that  could  l)e  ascertained  by 
returns  from  towns  and  counties ;  but  he  believeil  if  those  elements  for 
forming  a  correct  judgment  were  possessed,  it  would  be  ascertained 
that  the  amount  required  by  assessment,  in  addition  to  what  was  now 
paid,  would  not  be  very  large.  The  general  board  reconnnended  would 
do  good,  and  might  prepare  the  way  for  the  wider  system.  But,  when 
they  came  to  that  system,  tlny^  .-lujuld  b(;  ready  to  lay  a  tax  of  about 
£2000  a  year  on  every  countv  in  the  Province.  Was  that  possible? 
lie  believed  that  it  was,  and  ihat  once  levied,  its  beneilcial  ellects  on 
persons  and  ju'operty,  would  cause  it  to  be  lightly  borne.  If  there  were 
thirty  thousand  children  to  be  educated,  the  system  would  require  one 
thousand  schools,  at  an  average  of  i'fiO  to  each,  making  in  all  £00,000. 
Grants  from  the  Treasury  might  reduce  this  to  £40,000;  and  that 
would  include  tuition  fees,  or  all  that  was  now  paid  for  education.  Tl.o 
amount  to  be  drawn  from  the  people  would  be  spent  under  their  imme- 
diate inspection,  and  would  be  circulated  among  tiiemselves,  and  go  back 
to  their  own  pockets;  the  amount  drawn  from  circulation  would  be  scarcely 
worthy  of  consideration.  Means  might  be  devised  to  meet  dilliculties  caused 
by  the  comparative  poverty  and  thin  population  of  some  settlements.  Im- 
pediments Avere  anticipated  from  the  action  of  the  different  religious  bodies, 
but  these  were  not  insuperable.  A  popular  board  of  management  would 
27 


U 


i 


It 


■  ( 


t:"v  ' 


-A  „ 


'jljl  v:'' 


314 


EDUCATION. 


domuoli,  and  lliore  was  not  any  lliini;:  sectarian  in  Icaniin!.;-  (o  road.  The 
books  read  niiglil  bias  tin'  mindjtnt  the  nii'ansol'nl'lcr  knowledge,  tlu;  mere 
operation  of  reading,  need  not  inteifere  with  pecniiar  views.  Tlie  same 
might  be  said  of  writing  and  arithmetic.  Another  dillienlty  related  to 
the  teachers.  They  Averi'  descrilx'd  as  i-very  way  inade(|nate.  The 
reason  Avas,  ])eoanse  no  proper  i)r()vision  bad  ])een  made  for  them.  Tn- 
til  the  whole  matter  Avas  taken  vigoronsly  in  hand,  and  pioperly  ar- 
ranged, they  need  not  expect  that  fit  persons  would  devote  themselves 
to  the  employment.  The  (piestion  Mas  one  of  deep  interest.  Was  there 
a,  father  in  the  Ilonse  who  ilid  not  feel  nnxious  solicitude  as  to  the  (pies- 
tion to  whose  care  he  should  intrust  his  oilspriiig?  It  was  one  of  the 
most  perplexing  iiupiiriivs  to  the  mind  of  man.  Should  they  not  ])ro- 
vide,  then,  fur  the  whole  people,  —  endeavor  to  accomplish  that  which 
was  felt  individually  so  important  ?  Should  they  not  provide  for  good 
teachers,  for  uidtbrinity  of  system,  for  books  ami  diaLii'ams.  and  the  many 
ajipliances  approved  in  other  countries,  but  which  never  could  be  thor- 
oughly introduced  here,  without  assessment. 

An  objection  which  pressed  on  many  minds  was  the  nn[)0})ularity  of 
direct  taxation.  It  was  un])opular  in  every  country,  although  less  so 
wliere  it  Avas  experienced  than  where  it  wa>  only  sjioken  of.  A  change 
to  direct  taxation  for  general  pui'po-cs,  would  not  be  advisable  ;  yet,  (  \ en 
under  such  a  system,  the  country  might  prosper  as  well  as  under  the  pres- 
ent. ]>ut  for  the  sacred  ])nrposes  of  education,  for  founding  a  Provincial 
character,  for  the  endowiin.'nt  of  eonnnon  schools  for  the  whole  [lopula- 
tion,  no  hesitation  need  be  felt  at  <'oining  to  direct  taxation.  l''ew,  per- 
haps, were  more  worldly  than  him-elf.  or  more  alive  to  the  Aaliie  of 
popularity;  yet  he  would  willingly  take  all  the  blame,  all  tiie  ini|iopiilai'- 
ity  that  might  be  heajied  on  him,  as  one  who  had  a  share  in  eslablisiiing 
tliat  which  lie  pro[)osed.  They  were  iv})resentatives  of  the  people,  and 
he  put  it  to  them,  as  they  were  greatly  honored,  should  they  not  gi-eatly 
dare?  They  were  sent  to  do  their  duty  to  their  eonstiluents.  wlielher 
tlieir  acts  always  gave  satisfaction  or  not.  They  were  sent  to  repre- 
sent till!  oj)inions  of  the  country,  when  they  believed  the  people  were 
better  informed  than  the  IIon>e  ;  but  to  exercise  their  own  judgments 
■when  they  felt  convinced  that  they  were  better  informed  than  the 
people. 

lie  called  on  gentlemen  not  to  ho.  too  timid  in  risking  po[)ularity,  and 
not  to  reckon  too  carefully  the  price  of  doing  their  duty.  Were  they 
Christians,  and  afraid  to  lay  down  their  seats,  when  lie  from  whom  they 
received  the  distinguished  name  laid  down  his  life  for  them  ?     Were 


1:?^)^ 


EDUCATION. 


315 


they  Nova  Scotian.-J,  and  afraid  lo  do  that  v.diicli  would  (ond  to  ol(^vate 
the  country  to  the  liigliost  hkh'mI  f;i'ad(!?  If  so,  llicy  wen/  unworthy 
of  the  name.  Tt  was  their  duty  to  raise  and  e-tahlish  the  character  of 
the  country  as  the  character  of  other  countries  had  been,  by  the  intelli- 
gence of  the  peoiile. 

When  tlie  name  of  Swiss  was  mentioned,  why  did  it  impart  an 
idea  diflei'ent  from  that  of  other-?  Uccause  by  love  of  freedom,  of 
mental  cultivation,  ami  by  valor,  that  people  had  become  celebrated. 
The  Englishman  was  known  by  his  manly  bearing  and  honor.  The 
Scotchman  had  earned  a  [)ecidiar  charaeter  lor  int(dligence  and  good 
sense,  ill  almost  every  i)art  of  the  gloI)e.  Had  not  Nova  Scotians  a 
name  to  ac(iuire?  and  should  not  that  Assembly  do  all  in  its  power  for 
(he  elevation  of  the  public  charaeter? 

IMr.  .T.  K.  Dewolf.  Should  not  some  deference  be  paid  to  the  "well 
understood  wishes  of  the  people  ?  " 

Mr.  ]Iowe.  By  governing  according  to  tlu?  well  miderstood  wishes  of 
the  people,  was  meant,  the  well  understood  wishes  of  the  intelligcMit ;  not 
the  wishes  of  those  who  might  not  be  informed  on  the  subject  to  be  ar- 
ranged. rerliai)S  a  majority  existed,  at  that  time,  in  the  Province,  op- 
posed to  the  system  suggested;  but  he  trusted  not  a  majority  of  the  Avell 
informed  minds.  lie  admitted  that  the  wislu^'s  of  the  people  who  were 
known  to  be  informed,  ought  to  govern  the  legislature;  but,  as  the  mem- 
ber for  Queen's  would  not  yield  his  parental  authority  to  his  young  fam- 
ily, when  it  was  wmited  to  guide  and  contnd,  —  so,  although  the  Legisla- 
ture should  del'er  to  the  intelligent,  they  should,  where  they  saw  the 
necessity,  treat  the  uninformed  as  the  father  did  the  children  Avho  sur- 
rounded his  knees.  He  knew  that  that  gentleman  was  too  well  aware  of 
the  advantages  of  education,  not  to  admit  that  if  the  two  hundred  thous- 
and inhabitants  of  the  country  were  all  educated,  they  would  be  as  useful 
for  all  national  purposes,  as  tour  hundred  thousand  without  education. 

Mr.  Dewolf  said,  '•  Y<,'s." 

Mr.  Howe  knew  that  the  fact  would  be  admitted  by  the  good  sense  of 
the  gentleman  addressed,  and  >hould  iKjt  an  attempt  be  made  to  improve 
our  system?  ]Many  measm-es  had  passed  in  the  House,  which  Avere 
scarcely  understood  by  the  pe0[)]e  at  the  time;  and  it  was  their  duty 
to  do  what  was  right,  risking  the  consecpiences,  and  throwing  themselves 
on  the  good  sense  of  the  peo[»le. 

Theii-  duty  at  the  present  time  peculiarly  was,  to  lay  the  civilization 
of  the  I'rovince  on  a  broad  basis.  A  few  years  ago  Nova  Scotians 
were  shut  out  from  other  countries,  but  now  they  were  in  close  con- 
nection with  the  great  lines  of  communication,  and  had  means  of  rapid 


.1 


'!     '*  !; 


1 

1 

■ 

1 

! 
It 

1 
1    :     ■■ 

f  ^ii 


r   <; 


( :!  i 


[  :'^  ii  ':| 


316 


EDUCATION. 


transmis-iiou  to  every  porlion  of  tli"  globe.  Formerly  Nov.i  Seotians 
miglit  have  lived  like  snails  in  their  shells,  satislieil,  that  if  ignorant, 
the  disgrace  Avoiild  be  eonllned  to  theni>elves  ;  and  if  enlightened,  that 
their  intelligenee  conld  seareely  break  throngh  the  obstacles  by  which 
it  Avas  .surrounded.  Now,  however,  intelligent  strangers  from  almost 
every  part  of  the  globe  were  to  lie  met  contiiuially  in  the  streets;  and 
the  natives  of  the  Province  were  tempted  by  the  facilities  of  travel 
to  change  liieir  place  of  residence.  Should  nol  they  l)e  anxious  that 
strangers  might  bear  testimony  to  the  intelligence  ol' the  country ;  — 
and  that  the  young  men  of  the  Province  should  be  able  to  take  ad- 
vantage of  the  broad  fields  before  them?  They  Ibund  that  the  mil- 
lionaires of  large  cities  were  not  always  those  who  inherited  riches 
from  their  fathers,  l»ut  persons  who  had  gone  in  strangers,  and  acquired 
rank  b}'  integrity  and  intelligence.  Nova  Scotians,  as  well  as  others, 
would,  if  rendered  capable,  spread  themselves  over  the  world,  and  com- 
pete for  the  prizes  which  liigh  morals  and  ca2)ability  might  win.  In 
every  point  of  view,  it  was  the  duty  of  the  Legislature  to  build  educa- 
tion on  a  broad  basis,  to  provide  for  the  instruction  of  all  classes  of  the 
people.  On  that  they  might  erect  establishments  for  the  higher  branches 
and  provide  means  of  cultivation  for  the  more  ambitious  minds. 

Man}-  in  the  House  might  apprehend  the  political  reaction  of  ignor- 
ance. If  his  constituents  should  desert  him  for  adopting  assessment, 
be  would  return  home,  pleased  and  proud,  and  amply  repaid,  by  see- 
ing schoolhouses  rising  in  every  direction,  and  troops  of  children  com- 
ing from  them  with  intelligence  beaming  on  their  faces.  Some  mem- 
bers  might  not  be  aware  of  the  great  efforts  made  in  Europe  in  the 
cause  of  education.  He  admitted  that  the  Province  had  not  been 
careless,  considering  its  means,  but  the  ([uestion  pressed,  Could  not 
much  more  be  done?  "What  had  been  accomi)lished  in  Europe? 
Germany,  for  many  years,  had  refrain(Hl  from  Avar;  from  aiming  at 
foreign  C()n([iiest.  England  had  extended  her  empire  in  many  direc- 
tions, and  France  had  adde(l  to  her  dominions;  —  but  (iermany  had 
turned  from  tliese  things,  und  had  been  engaged  in  a  gi'eat  moral  con- 
quest over  liie  ignorance  of  the  jjcople.  In  1817,  Prussia  was  prostrate 
and  exhausted  afier  a  long  war,  and  part  of  her  [)opulation  were  serfs 
and  slaves  to  the  aristocratic  classes.  She  was  without  the  moral  ma- 
chinery necessary  lor  the  proper  management  of  her  affairs;  but  she 
had  a  wise  king  and  minister,  who  wi're  not  afraid  to  grajjple  with  diffi- 
culties, and  tlie  result  was,  instead  of  the  s})read  of  arms,  tia;  almost 
universal  extension  of  intelligence,  until,  according  to  statistical  returns, 
there  was  not  an   uneducated  family  iu  the  kingdom.     The  published 


'.u[ 


fWf,-l 


EDUCATION. 


31' 


fiicls  pi'ovoil.  tliat  i(  was  possil)]!'  to  li.'Ut'  a  wlioli^  pi^oplo  cduoatod.  In 
Prii^>ia  ilitTc  were  two  millions  lour  limidrcil  tliuusaml  oliildren,  anil  all 
of  tlicsc  within  tlii'  a^es  ol"  live  aiid  ronrtcfn  wcva  instructed.  This  work 
done  oiic(\  was  done  i'orevi,')-.  Tht'  generation  taught  Avould  keep  wliat 
thi'y  ohlained,  and  woulil  p('rpetiiat(3  the  system  Tor  thos(^  wlio  were  to 
follow.  If  that  could  lie,  aceompli-lied  under  a  <le.spotic  monarch,  should 
llii'v,  under  wise  and  liberal  in-tiiutions,  foar  to  attempt  the  same?  It 
mi.Lilit  V)(.'  saiil  that  such  a  moiiandiy  pos.sessed  the,  powers  and  the  ma- 
chinery for  vigorous  exertion,  hut  they  could  do  nearly  as  much  for  tlic 
Trovince,  if  the  members  of  (hat  House  only  did  their  duty.  They 
mi,i!;ht  giv(,'  the  m<'ans  and  jjower,  and  <'rrate  tin;  machinery  to  carry  out 
tlieir  views.  I'rus.-ia  had  its  two  millions  of  cihicated  children,  —  and 
iS'ova  Scotia  might  digest  a  sy-teni  by  which  f^he,  would  he  sure  that 
none  of  her  thirty  thousand  remained  in  ignorance.  To  do  this  they 
should  act  boldly,  and  not  look  too  closely  to  annoyances  from  without. 
They  should  look  to  the  ultimate  benelit,  and.  in  some  degree,  coerce 
the  [leople ;  that  was  a  duty  the  House  owed  them  as  their  representa- 
ti\'es. 

In  an  ancient  city  —  whose  name  he  had  forgotten  —  a  law  cxi.stecl, 
of  which  it  was  decreed  that  he  who  moved  for  its  re[)ea1,  should  come 
to  th(,'  market-place  ready  for  execution.  The  time  came,  when  the 
law  ])roved  deti'imental;  when  it  ought  to  be  repealed,  and  there  Avas 
not  wanting  an  individual  reaily  to  od'er  himself  as  a  .sacrifice.  lie 
hoped  there  Avould  not  be  wanting,  in  that  House,  those  who,  imitating 
that  cxam[)le,  Avould  risk  nuich  for  the  passage  of  a  good  hiw.  In 
Calais,  twelve  persons  came  forward,  to  purchase,  at  the  price  of  liberty 
and  life,  the  safety  of  the  coinnumity.  Should  it  he  saiil  that  Nova 
Scotians  were  not  prepared  to  pay  the  penalty  of  loss  of  seats  in  that 
Assembly,  to  do  a  great  good  to  the  Province? 

He  trusted  that  gentlemen  would  take  a  broad,  liberal  view  of  the  mat- 
ter, and  not  be  deterred  by  the  prejudices  which  existed  in  their  respec- 
tive districts.  Petitions  had  been  [)resented  against  assessment,  and  a 
large  portion  of  the  people  might  be  opposed  to  the  principle,  but  if 
the  Legislaturi!  devised  and  enacti'd  a  good  measure,  clamors  would 
subsidt',  and  nltimately  the  act  would  be  hailed  with  thank.s  and  praise 
from  one  end  of  the  Province  to  the  other.  If  they  passed  the  princi- 
ple, and  put  it  in  operation  for  eight  or  ten  years,  and  the  people 
should  take  a  view  of  it  fatal  to  the  return  of  the  Assembly,  although 
he  t'elt  pride  in  presiding  over  the  House,  he  would  feel  more  pride  la 
sitting  at  the  head  of  an  assemblage  of  fifty  men  doomed  to  lose  their 

27* 


I  .' 


II'  ■: 


*'■'.■ 
r  I 


<|.i 


-ft     I 


■■'.'^^1 

,  1 

t 
-1 

H   M; 


i 


i  \ 


,j*t 


LORD   FALKLAND  S  SrEECIL 


seats  for  siK'li  an  not.  I'lihlic  opinion  would  cluin,!^!'  as  tli*.'  measure  be- 
came hetirr  nndei'stoud.  ami  tlie  lime  wonM  coini'  wlicn  tlicy  would  look 
back  ill  its  passage,  as  the  I'l-ussians  looked  to  the  onlinaiiees  wliieli 
raised  that  whoh^  people  to  a  moral  and  intellecliial  position  Avhieli 
others  might  envy. 

This  well  meant  ofFort  failed.  Direct  iis.sessineiit,  even  for 
education,  was  un])opular,  and  a  similar  aj)|)eal,  mado  by  Mr. 
Howe  some  years  later,  was  equally  unsuceessful. 

The  session  elosetl  on  1lu!  lOtli  of  April,  the  first  under 
responsible  ^^overnment.  However  iinperfeetly  dev(doped,  or 
misinteri)re<ed,  it  was  evident  that  a  marvellous  changes  had 
be(Mi  wrought  in  the  position  of  tlu^  Eveeutive.  Lord  Falk- 
land, instead  of  standing  in  an  altitude  of  antagonism,  personal 
and  i)olitieal,  to  the  people's  representatives,  as  Sir  Colin 
Campbell  had  done,  only  the  year  before,  was  enabled  to 
address  them  in  very  diilerent  language  :  — 

It  is  most  satisfactory  to  me  to  be  able  to  state  that  not  one  bill  has 
been  jiresonted  by  the  Executive  to  Parliament  but  which  ]ia<,  after 
searching  examination,  been  found  worthy  of  ado])tion;  while  I  am  able, 
consistently  with  my  duty  to  the  Queen,  to  agree  to  every  Act  that  has 
emr.nated  from  either  branch  of  the  Legislature.  I  cannot  but  regard 
this  fact  as  a  decided  indication  that  my  administration  is  a|)])roved  of 
by  the  public,  and  thai  those  by  whom  I  am  fortunate  enough  to  be  ably 
and  eflicicntly  assisted  in  the  conduct  of  the  government,  and  to  whom  I 
am  deeply  indebted  for  the  readiness  and  zeal  with  Avhieh  their  aid  is  at 
all  times  afforded,  enjoy  (in  the  degree  in  which,  for  the  successful  car- 
rying on  of  the  business  of  the  Colony,  it  is  necessary  thai  they  should 
enjoy  it)  the  confidence  of  the  people. 

Some  important  changes  occurred  shortly  after  the  close  of 
this  session.  Under  a  bill  for  abolishing  the  inferior  courts,  a 
new  judgeship  of  the  supreme  court  was  created.  Judge  llali- 
burton  (Sam  Slick,  a  very  old  personal  friend  of  Mr.  Howe's) 
received  the  appointment.  Judge  Fairbanks  died  on  the  15th 
of  April,  and  Mr.  Archibald  was  appointed  Master  of  the  Rolls 
and  judge  of  the  admiralty  court.  Mr.  Johnston  succeeded 
him    as    Attorney    General,   and    Mr.    Uniacke   received  the 


VISIT   TO   CANADA. 


319 


.,■(  H  ' 


it 


!       .1     I 


Solicitor  Ocnomlsliip.  'IMiis  lu^t  iippoiiitiiKMit  hronght  pro- 
miiiciilly  into  notice,  for  the  lirst  linic,  tlu;  checks  and  guards 
supplied  ])y  a  bill,  introduced  Ijy  Mv.  Doyle,  and  carried 
through  by  the  rcronners  a  session  or  two  ])etV)re,  and  under 
which  the  chief  departnienlal  ollieers  vacated  their  seats  on  the 
acceptance  of  ollice  and  weni  back  to  their  constituencies,  as  in 
England.  We  have  i)econie  so  familiar  wilh  the  practice  now 
that  few  can  trace  its  origin.     JJut  it  was  a  noveliy,  in  l'^41. 

Having  got  through  the  sesssion,  Mr.  Jlowe  determined  to 
visit  Canada.  There  were  many  rt>as(nis  Avliy  this  step  was 
necessary  at  the  time.  It  was  important  that  he  should,  l)y 
personal  comnuinication  wilh  tiie  (Jovernor  General,  ascertain 
whether  his  policy  had  ])e(>n  ct)rrectly  a[)[)rehended,  and  whether 
the  doctrines  which  Mr.  Howe  had  laid  down,  and  enforced  in 
debate,  were  open  to  criticism  or  met  with  His  Excellency's 
sanction.  It  was  natural  that  he  should  desin;  also  to  be  pres- 
ent at  the  opening  t)f  the  iirst  session  of  the  Parliament  of 
United  Canada,  and  to  hear  the  leading  men  of  both  Provinces, 
of  the  more  conspicuous  of  whom  he  had  read  and  heard  so 
much.  In  every  respect  this  visit  was  as  useful  as  it  was  per- 
sonally gratifying.  Not  only  did  INIr.  Howe  receive  from  Lord 
Sydenham  tlu;  most  cordial  a[)proval  of  what  he  had  said  and 
done,  but  his  lady  and  himself  were  treated  wilh  marked  kind- 
ness and  distinction.  xVinong  the  more  prominent  politicians, 
of  all  origins  and  parties,  he  was  welcomed,  as  -an  old  friend, 
and  fellow-laborer  in  the  cause  of  Colonial  elevation. 

The  impression:;  made  upon  Mr.  Howe's  mind,  during  this 
tour,  were  thus  recorded  on  his  return  :  — 

Our  object  in  leaving  homo  -was,  nol  tu  got  an  office,  l>ut  to  r/ct  infor- 
mation—  to  ripon  anil  prepare  the  mind  for  the  clue  portbrraance  of  the 
duties  of  any  office  which  Iler  ^Majesty  may  see  fit  to  confer  upon  us, 
should  she,  which  is  not  very  likely,  at  any  time  have  more  than  she 
knows  what  to  do  with ;  or  for  the  discharge  of  those  humble  yet  not 
unpleasing  duties  by  which  our  past  life  has  been  engrossed,  lie  is  not 
a  wise  man  for  himself,  who  los(>s  any  oj)portunity  of  storing  his  mind 
with  the  varied,  instructive,  and  often  delightful  impressions,  which 
travel  only  can  give.  He  is  not  a  wise  Nova  Scotian,  Avho  shuts  himself 
up  within  the  boundaries  of  his  own  little  Province,  and  wasting  life 


•I'l. 


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320 


VISIT  TO  CANADA. 


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anii(l>t  tlio  ii.irrow  itrojiidii'is  Mini  evil  ])a»sion3  of  his  own  contracted 
Pl)lit'rp,  vegetates  and  dies,  I'l'irardless  of  tlio  {^rowing  conuuunilies  and 
widely  extending  inliiieiiee-i  by  wlweli  tin;  interests  tif  Ins  country  arc 
aOeetcd  every  diiy,  and  which  may,  at  no  (hstaiit  ])eriod,  if  net  watched 
and  countrraeled,  conti'ol  its  <h'>linies  willi  an  overmastering  and  resist- 
less j)0wer.  Ollnrs  may  think  dill'erently,  hut  this  is  our  opinion,  and 
we  ael  upon  ii  wliencver  wr  can  he  >pared  from  the  ordinary  avocations 
oi"  hiimc.  AVc  have  never  lound  that  inli)rmalion  was  troublesome  to 
carrv,  or  that  wv  liad  too  much  of  it;  l)ut  W(!  have  often  found  that  our 
own  linnily  circle,  our  friends,  our  neighbors,  our  countrymen,  if  they 
will  permit  us  to  say  so,  Avanltd  nnich  more  than  wo  could  impart. 
Hence  oin-  lour  to  C'ana(hi  and  the  I'niied  Statis.  It  has  Ix.'cn  a  very 
delightful  one,  dashed,  it  is  true,  by  the  contempl'.tion  of  strong  contrasts, 
Avhich  we  wish  were  less  strong,  and  of  the  eflects  of  errors  wliich  cannot 
be  recalled,  but  still  rich  in  interest,  ))leasure,  and  instruction. 

The  gi'eat  valley  of  the  S(.  Lawreiice,  from  Kamara.-ka  to  Erie,  with 
its  mighty  I'iver,  its  broad  lakes,  and  its  tributaiy  streams  —  its  stui)cn- 
dons  cataract  .and  beautiful  waterfalls,  would,  of  itself,  furni.-h  attractions 
enough  for  a  lover  of  nature  in  all  her  majestic  proportions,  even  if  there 
were  not  a  single  human  l)eing  to  diversify  the  sc(>ne  iiyhis  labors  or  his 
follies.  Of  this  we  have  seen  all  that  Hying  tourists  usually  see;  more, 
perhaps,  than  most  of  them ;  nuich  less,  however,  than  we  could  have 
wished;  and,  although  we  had  written  and  read  a  good  deal  about 
Canada  betbre  we  saw  it,  we  would  not  like  to  exehango  the  strong  im- 
jircssions,  and  accurate  knowledge,  gathered  in  a  few  weeks,  for  all  that 
the  study  of  books  and  newspa^jcrs  had  given  us,  of  the  vague  and  con- 
jectural, in  many  years.  Thv  scenic  attractions  of  Canada  are  not  its 
only  ones.  There  arc  a  million  of  people  in  the  United  Provinces,  of 
different  origins,  with  a  strangely  checkered  history,  having  but  one  in- 
terest,—  the  improvement  of  the  noble  country  which  God  has  given 
them,  —  but  bringing  so  many  adverse  and  conflicting  feelings  to  bear 
upon  its  public  alFairs,  that,  to  the  mere  student  of  human  life  —  to  the 
amateur  in  politics  —  we  know  of  few  countries  which  offei-  so  much  of 
moral  and  political  interest  and  instruction.  Unfortunately  for  us,  we 
could  not  always  feel  or  assume  the  indilFerence  of  a  mere  looker-on. 
As  a  Colonial  politician  deeply  committed  to  certain  principles  of  gov- 
ernment, the  application  of  those  princii)les,  in  all  their  integrity,  to  the 
largest  Colony  on  this  continent,  was  a  matter  of  grave  importance;  as  a 
Bntish  subject,  looking  through  the  mists  of  mere  nationality  at  the  ac- 
tual condition  of  things  around  us,  there  was  enough  to  painfully  enlist  the 
feelings ;  and  as  a  Nova  Scotian,  well  knowing  that  every  new  blunder, 


!!  t 


VISIT  TO  CANADA. 


321 


cvory  ra1>o  .ilop.  fvory  sib-unl  piTJiiilicc,  oi-  evil  pa-sinii.  nay,  alnuot 
CVt'i'V  wriiii^  \V(»nl,  was  to  all'i'd  tlic  I'liliiri'  |)(aci',  scciirily,  ami  lia|)|)iiu.'s.s 
of  our  own  ('oiiiilrv,  we  may  iVci'ly  (•()nlr>s  iliat,  so  I'ai'  as  we  were 
oiiaMcil  lo  sliidy  llii'  piililic  alliiiis  ol'  I'nilcd  ( 'ana<la,  wr  ot'liii  siiU'crcil 
(liiitc  as  niiicli  as  we  ciijoycil.  Tlir  ira-ons  lur  all  lliis,  it  woiiM  not  ho 
•wise,  at  the  present  inonienl,  lo  'ii\e.  Tlio-i'  who  are  li-yinif  a  .irreal  ex- 
pcrhnent,  want  the  synipalhie-;  and  aelive  as-i>(anei'  ol'  all  who  eau 
aid  tlieiu;  and  those  who  ean  do  no  jjood,  slmnld  at  lea-t  do  no  harm,  by 
injudieions  iiitei-meddlin^,  or  the  pnliUcaiion  ol' hastily  llirmeil  iin[ifessioii!} 
and  crude  opinions.  The  meet injj;  of  the  niiited  Lej^islatiire  ^avc  ns  an 
excellent  op|)ortunily.  not  only  to  hear  all  the  best  speakers,  hnt  to  niako 
many  personal  friends  and  aeipiainlances,  amon;f  tho-c  wdio  were  pre- 
viously known  to  us  hy  reputation,  and  others  just  risinif  into  notice,  and 
to  oxclian^fe  opinions  with  the  nn'U  in  who-e  hands  the  de-tinies  of  the 
country  will  jn-obably  be  for  the  next  twenty  years.  Of  course  wo  mixed 
freely  with  French  and  English,  and  with  men  of  all  shades  of  opinion  ; 
for,  lhou;jjh  wishing  success  to  the  (lovernor  General's  administration, 
ami  never  disguising  that  opinion,  we  found,  even  among  thos(,'  who  op- 
posed it,  the  welcome  of  an  old  friend  to  Colonial  peace  and  I'recdom. 

After  spending  a  month  in  Canada,  and  lingering  at  the  I'^ills  of  Ni- 
agara for  a  cou[)le  of  (hiys,  till  the  mighty  catara<'t  had  roared  down  tho 
discordant  voices  of  the  Canailian  i)oliticiaus,  ami  the  follies  of  nian  were 
forgotten  amidst  the  sublimities  of  nature,  we  eiUered  npoii  another  scene 
of  varied  interest  and  instruction — one  whiidi  15riti-h  statesmen  and 
British  soldiers  cannot  too  attenti\-ely  study;  one  wdiich  Uriii-h  Colonists 
are  no  more  '■afe  in  shutting  out  of  their  calculations  of  the  future,  than 
would  the  mariner  lie,  who,  in  crossing  the  iVilaulic,  made  no  allowance 
for  tho  CJulf  Stream.  The  State  of  New  Ycu'k,  from  Kri(!  lo  Long 
Island,  j)resents  a  spectacle  of  no  eoimnon  interest.  "\\'e  traversed  it. 
from  Ijutlalo,  the  great  entrepot  for  the  jiroduce  of  iIh>  We>l,  i'oUowing 
the  main  lines  of  trailic  and  social  intercoui'se,  down  to  the  great  Atlan- 
tic city,  leaving,  of  course,  much  that  should  have  been  seen,  on  our  right 
liand  and  on  our  left,  but  seeing  enough  to  enable  us  to  judge  of  the  rest, 
and  to  till  om*  mind  with  new  and  grav<'  rellections.  I'^rom  \ew  York 
we  turned  to  iht;  South,  and  Congress  Ijeing  in  session,  spent  a  few 
delightful  days  at  Washington,  listening  to  the  debat(^s  in  the  Seuati'  and 
the  House  of  Ivepresentalivcs,  and  availing  ourselves  of  tiie  aid  of  kind 
and  valued  fi-iends  to  make  the  aciiuainiancc  of  many  of  the  ablest  ora- 
tors and  statesmen  of  the  republic. 

The  (luestion  has  been  put  lo  us  twenty  times  in  a  <lay.  since  we  n;- 
timied  home,  '' What  do  you  tlunk  of  Canada?"  and  as  it  is  likely  to 


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VISIT  TO   CANADA, 


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he  iiiiuiy  i'lmo:*  iv'poatt>(l,  we  lake  lliis  cnrly  opportiitiity  of  rcrnrdiiip;  our 
ooiivictldM  lliat  it  i-  niir  <it'  llir  iinMc-l  coiiiitrii'-;  tliat  it.  Iu-h  ever  Iiccn 
ouv  isnnA  tiirliiiii'  lo  liclidM.  Canada  waiil-t  two  I'lniii'iil-i  (4'  |ii'(i«p('rity 
^vliicli  tin'  lower  {'(>I(iiiii'<  p(»^s('?«>i,  —  upiii  liarlxnN  tor  jii'iicfal  ('()iimii'i'«'(>, 
and  a  Iiomopuroiis  popidati<iii.  l>iit  il  lia<  j,'ol  every  lliiii,;;'  el^e  that  ilie 
most  fastidious  political  ecoiioiiii-l  woidd  reipiire.  We  knew  tlial  Can- 
ada was  ;i  \eiT  exteii-ive  I'roviliee;  tliiit  there  was  some  line  sceneiy  ill 
it,  and  thai  niiieh  of  the  soil  was  ;^oo<l,  fof  we  liad  i'ea<l  alt  this  a  ^feat 
many  times :  lait  yet  it  i>  oidy  l»y  spi'iidiiij^  ,«ome  weeks  in  traversinj; 
the  (iice  (if  the  eoiinli'y  that  one  lieeomes  i-eally  alive  to  its  va~t  pi'opor- 
tioiis,  its  ixi'eat  iialioiiid  feaini'es,  hoimdiess  I'exjui'ccs,  .and  surpassing 
beauty.  It  is  .-aid,  so  exipii-ite  is  the  afchiteetni'C!  of  St.  l*etei''s,  at 
Inline,  that  it  is  not  milil  a  visitor  has  examined  the  lingers  of  a  <'hernl), 
and  found  them  as  thick  as  his  ai'in,  or  imtil  In,'  has  attempted  to  fondloa 
dove,  and  found  it  far  lieyond  his  re.ach,  and  imicli  lai'gor  than  an  eagle, 
that  he  hecomes  aware  of  the  dimensions  of  the.  nolde  pile.  So  it  id 
with  Canaiki ;  a  glanee  ;it  tin'  map,  or  the  peru-al  of  si  volume  or  two 
of  de.«('riplioii,  will  give  lint  a  liiini  idea  of  the  country.  It  must  be 
J'e/(  to  he  under-lood.      We  will  endeavor  lo  explain  what  ne  mean. 

Nova  Scotia  tiiid  Cajie  Uretoii  together,  spread  over  a  space  of  four 
hundred  miles  in  extent,  iiiid  a  good  sieamlioat  will  rini  ])a-l  both  in 
thirty  hours.  From  Anticosti  to  (|)ueliee  is  about  six  hniidred  miles,  and 
then,  wIk'II  you  have  got  ihere,  yon  are  but  n|)on  tin;  thre-hold  of  llio 
Province.  l'\>r  two  ilays  ae.d  idghts  yon  steam  along,  after  entering 
the  estuary  of  the  St.  Lawrence,  ai  the  I'nicorn's  highest  speed,  with 
Canada  on  both  sides  of  yon  ;  and  when  you  are  beneath  the  shadow  of 
Cape  Diamonil,  you  begin  to  thiidv  that  you  have  got  a  rea-onable  dis- 
tauee  inland  —  that  Canada,  as  they  say  in  the  States,  is  ''considerable 
of  a  place,"  Ibit  again  you  embark,  and  steam  iij)  the  St.  Lawrence, 
for  one  hundred  and  eighty  miles  furllier,  to  ^Montreal,  and  thi'rc!  you 
may  take  your  choice,  either  to  contimie  your  route,  or  to  ascend  the 
Ottawa,  and  .-eek,  at  ;i  great(,'r  distance  from  you  than  you  are  Iroin 
the  sea,  Ibr  the  northern  limits  of  Canada.  Ihit  you  jirobably  prefer 
adhering  to  the  St.  Lawrence,  as  we  did,  and  on  you  go,  by  coach  and 
steamboat,  Ibr  forty-eight  hours  more,  tind  find  yourself  at  Kingston. 
Looking  back  upon  the  extent  of  land  ami  Avater  you  liave  passeil,  you 
begin  to  lancy  that,  if  not  near  the  end  of  the  world,  you  ought  Jit 
lea.st  to  be  upon  the  out.-ide  edge  of  Canada.  Ibit  it  is  not  so;  you  bave 
only  reached  the  central  point  chosen  lltr  the  seat  of  government,  and, 
although  you  are  a  thousand  miles  I'rom  the  sea,  you  may  pass  on  west 
for  another  thousand  miles,  and  yet  it  is  all  Canada. 


VISIT   TO    (ANAPA. 


323 


IJiit  the  iniTi'  t'xft'iit  dl"  llii'  ('(iimtiy  wmild  not,  iii'i'liMp-.  iiM|>rc";  ilm 
miiiil  s«>  Hlron^ly,  U'  llici'c  wii-*  iiui  -n  mui'li  of  ilir  \;i-t.  llic  iii;i'j;nitii'ciit, 
tlio  nalioiiMl,  ill  all  iN  Ifuiliii};  triitiirr-:.  |i  i.  iiii|Mi>-il)li'  in  raiii-y  iliat 
yon  an-  In  a  I'rdviiict'  —  a  Cnluiiy;  yon  I'crl.  ;it  cvitv  .-irp.  ili.it  Canada 
inn>t  liri'onic  a  .LM'rat  nation,  and  al  cvi'iy  -icit  yoii  |iiay  iiio-l  di'Sdiitiy 
lor  liic  dc-cfiil  ii|ioii  tin'  fuiinlry  ol'  iIimi  \vi«doin,  and  i'orc-i'.dit,  and  cn- 
ci'fry,  wiiicdi  .-hall  make  it  ilic  jiffat  ti'i'a>nry  ^>\'  l>rili-'i  in>lilnlion-i  ii|i()n 
tliis  conlincnt.  and  an  lionor  to  thr  liiiii-li  iimiih'.  All  iIk'  lal<r<  of 
Scotland  tlirown  lot^ctlicr  would  not  iiialx''  one  oi'ijio-r  'j-iTal  inland  .-"'a-:, 
vliicli  I'orni,  as  it  were,  u  cliain  oC  .Mcditrn-aiicaii-i  ;  all  tin'  rivets  of 
]'jii.dand.  (dd  Catlicr  'riianics  inrliidid,  wuiild  scafcidy  i;i|  tin-  dianiKd  of 
llic  St.  Lawfciit'r.  'I'licff  is  a  j;fand«'nr  in  llic  iiioiintain  raii;_'i'v.  Miid  :i 
voice  in  the  iiolile  catafact*,  wliicli  elevate  tlie  >|)irit  al)o\ c  llie  i'jiioi'anee, 
nnd  the  passions  of  the  |ia»t,  and  the  peiplexities  of  the  pre-ent.  and 
niak<'  lis  feid  that  the  great  creator  of  the  iiniver-e  never  iiieant  >iicli  :i 
t'onnliy  to  l)e  the  scene  of  perpetual  <li-('ord  and  de'jra<lation,  hut  will 
yet  iii-pire  the  people  with  the  niiioii.  the  \  irtne.  ;ind  tlii'  true  paliioti-in, 
hy  which  alone  it>  political  and  social  condition  -hall  ln'  made  to  take, 
more  nearly  than  it  doe-  now,  the  Inipre--  of  it-  natural  ii'aliiie-.  Caiiadii 
is  !i  connlry  to  he  proud  of;  to  in-pire  hi'ili  thoiiL'lit-;  to  eheri-li  a  lovo 
for  the  siildiine  and  heaiitifiil,  and  to  take  its  >tand  anions'  the  nation-  of 
the  earth,  in  s|iile  of  all  the  ('ircinn-taiices  which  liavi-  hitherto  reiarcled, 
and  may  still  retard  its  projrress.  "Whether  she  .-liall  take  her  .-land  hy 
the  side  of  Britain,  i'especle(|,  free,  eoiilidinir.  oi-  whether  .-he  -hail  he 
held  hy  the  slron;>;  hand  of  power,  until  >he  jireaks  away,  when  eirciiin- 
etaiK'Os  I'avor  the  onthnr.-l  of  savajrc  discontent,  is  the  prohh'ni  which 
■will  prohahly  Ijc  worki.'il  out  within  the  next  fiv(!  years. 

Chief  ainonp;  the  resources  of  Canada,  must  lie  re;zanh'il  her  hoiind- 
Icss  tracts  of  rich  and  fertilo  land,  h'or  many  miles  lidow  ()iiel)ec  Iho 
soil  is  excidleiit,  and  the  further  yon  proceed  onward  the  hetter  it  ho- 
t'omes,  until,  in  the  western  regions  of  I'pper  Canada,  it  is  found  inferior 
to  none  on  the  continent  of  America.  iS'o  man  can  estimate  the  niiiu- 
bcrs  that  Canada  eonld  feed,  or  form  the  least  idea  of  what  its  atrrictil- 
tural  export  might  be,  if  all  the  land  capable  of  improvement  were  iiniler 
CuUivation.  For  conveying  this  prodiiee  to  market  the  noble  rivers  of 
the  country  atFord  extraordinary  facilities;  but  sixty  miles  of  eanalling 
are  required  for  the  transportation  of  l)ulky  articles  from  Lakes  l\Iichi- 
gan  and  Superior  to  the  sea,  while  the  (hstance  from  rmHalo  to  Albany, 
by  the  Erie  Canal,  is  upwards  of  three  hundred  miles.  To  the  comple- 
tion of  the  few  short  cuts  which  are  refpiired  to  perfect  the  navigation 


!■     ■ 
1 

i 

I 

I 

1 
1 

of  the  St.  Lawrence,  it  is  probable  that  the  serious  attention  of  the 


gov- 


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(    '  ii 


^"■il  ■  i; 


l.?!l 


324 


SIR    CIIAIiLES   METCALF. 


crnmciit  iukI  the  r.cLji-l;ilni-e  will  now  be  turned.  Then'  mo  not  want- 
ing sjinguiiic  iiicii  ill  Canada,  wlio  would  cliciTfully  exiiciid  upon  these 
ev(My  I'artliingol' (lie  promised  million  and  a  lialf,  in  tlie  confident  expec- 
tation lliat.  wlien  comiileleil.  a  veiy  large  porlion  of  tlie  Hour  and  wheat 
from  Ohio  aial  3Iiehigaii,  lo  say  iK)tliiiig  of  the  productions  of  the  Prov- 
inee  itself,  would  Ix'  attracted  through  what  (hey  believe  will  be  the  fa- 
vorite, l)ec;uise  the  least  expensive  route. 

Lord  Syclciihiim  died  on  llio  19th  of  September,  having  lived 
to  inangiirate  the  new  sysleiii,  but  not  long  enough  to  clearly 
apprehend  its  ](>gitiinate  results.  Before  his  death  the  Whigs 
had  been  defeated  on  the  sugar  duties.  Sir  Robert  Peel  earne 
intt)  odlee,  and  Lord  Staitley  succeeded  Lord  John  Russell  as 
Colonial  Secretary. 

This  change  insj)ir(xl  the  cliques,  in  all  the  Colonies,  with 
hopes  that  responsible  government  would  be  discountenanced 
and  ^vithdrawn.  Sir  Charles  ]3agot  signally  disap})ointcd 
them,  but  died  too  soon.  The  conservative  party  in  Eng- 
land had  no  such  design.  Responsible  government  had  been 
loyally  accepted,  by  both  i)artii's  in  Parliau;>ent,  as  the  true 
remedy  for  the  grievances  of  North  America,  with  which  both 
had  been  sulhciently  perplexed.  But  it  was  a  long  time  before 
the  cliques,  in  all  the  Provinces,  who  had  lost  or  were  likely  to 
lose  power  by  the  adoption  of  that  system,  were;  convinced  of 
the  fact.  The  change  of  ministry,  in  1841,  inspired  them  with 
new  hopes,  and  stiiuulated  them  to  fresh  exertions;  and  unfor- 
tunately, Sir  Charles  IMetcalf,  with  a  nature  courageous  and 
honorable,  generous  in  expenditure,  boundless  in  liberality, 
with  great  experience,  great  skill,  and  fine  taste  in  composi- 
tion, had  been  trained  in  a  country  where  suspicion,  and 
contempt  for  the  natives,  formed  the  general  rule  of  admin- 
istration. It  is  the  first  l(>sson  that  a  cadet  learns  in  India,  and 
he  has  not  forgotttm  it  when,  after  forty  years  of  service,  he  is 
elevated  to  the  rank  of  Governor  General.  All  Sir  Charles 
Metcalf's  perplexities  in  Canada  arose  out  of  the  indeUble 
traces  of  his  eastern  training.  Tie  could  not  dismiss  from  his 
mind  the  impression,  when  the  Baldwins  and  Lafontaines  of 
Canada  claimed  the  legitimate  fruits  of  the  high  positions  they 
had  acquired  in  the  confidence  of  their  countrymen,  that  they 


1  M  '  f 


BANKRUPT   LAW. 


325 


I 


i 


■iiii  I  i. 


•lit' 


Eng. 


were  trying  to  overreach  him.  He  could  not  be  made  to  com- 
prehend that  a  Canadian  statesman  might  be  as  wise,  in  tiie 
affairs  of  Canada,  as  an  Englishman.  That  he  might  be  as 
loyal,  as  sincere,  as  careful  of  the  prerogative.  He  stood  too 
much  upon  his  guard,  wilhholding  confidence,  and,  as  a  natural 
consequence,  inspiring  distrust.  Collision  and  doubt,  an  end- 
less war  of  words  in  Canada,  and  serious  eml)arrassment  else- 
where, were  the  results.  It  was  not  until  Sir  Charles's  death, 
which  everybody,  on  personal  grounds,  deplored,  that  respon- 
sible government  in  Canada  received  Us  full  development. 
In  Nova  Scotia,  all  parties  wvre  perplexed,  and  the  reformers 
serious-ly  eml^arrassed,  by  his  proceedings. 

The  session  of  1842  opened  with  fair  |)rospccts  of  strength 
and  harmony  for  tiie  new  government.  Of  the  small  section 
of  the  liberal  party  that  stood  aloof,  two  had  died  during  the 
recess,  and  Mr.  Young  had  aece[)ted  the  vacancy  created  by 
the  elevation  of  jNIr.  Archibald,  and  was  sworn  into  the  Cabinet 
on  the  13th  of  January. 

A  bankrupt  law,  a  Ijill  for  regulating  the  courts  of  probate, 
and  one  providing  for  the  relief  and  instruction  of  the  Indians, 
were  among  Ihe  measures  brought  down.  The  two  last  were 
passed  by  both  Houses;  the  first  was  lost  in  the  Assembly 
by  those  who  desired  to  embarrass  the  government,  availing 
themselves  of  conscientious  objections  entertained  by  country 
lawyers  and  others  against  some  clauses  which  they  thought 
centralized  the  functions  of  the  court  too  much.  The  bill  was 
crippled  and  abandoned.  It  was  the  first  government  measure 
introduced  and  lost.  Questions  were  ))ut  to  the  members  of 
Council  to  know  whether  they  intended  to  resign,  and  notices 
were  given  by  two  gentlemen  of  their  intention  to  move  hostile 
resolutions  to  test  the  strength  of  the  administration.  These 
notices  were  afterwards  withdrawn ;  but,  as  it  became  desirable  to 
ascertain  the  true  position  of  the  government  and  to  break  up 
hostile  combinations,  if  any  were  forming,  it  was  deternHiied 
that  a  vote  of  confidence  in  the-governmcnt  should  be  moved 
by  friendly  supporters,  and  that  the  real  strength  of  the  opposi- 
tion should  be  tried  out.  This  was  done;  and  after  full 
debate  a  majority  of  forty  to  eight  sustained  the  government. 

28 


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I'J 

32G 


DODDEAN  CONFESSION. 


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'!         1 


Mr.  Howe's  speech  on  the  occasion  occupied  two  hours.  He 
traced  Ihe  acts  of  the  Cabinet,  defended  its  appointments, 
and  showed  that  however  formed  it  was  discharging  executive 
functions  in  a  just  and  liberal  spirit. 

Scarcely  had  this  proud  position  been  won  for  the  adminis- 
tration, when  Mr.  Howe's  colleagues  in  the  Legislative  Council 
struck  it  from  beneath  their  feet.  A  speech  was  made  in  that 
body  by  jNIr.  Stewart,  and  carefully  reported,  in  whicli  the  prin- 
ciples of  government,  as  frankly  explained  and  understood  by 
all  the  members  of  the  administration  in  the  lower  House,  were 
so  toned  down  and  negatived  as  to  be  incapable  of  explanation 
or  acceptance  as  a  system  of  government.  Attention  was  im- 
mediately called  to  this  speech,  which  was  denounced  in  the 
press  and  in  the  Legislature.  It  was  apparent  that  some  an- 
tagonism existed  in  the  new  Council,  and  that  the  elements 
which  circumstances  had  outwardly  combined  did  not  inwardly 
liarmoniice.  The  determination  was  general  to  put  an  end  to 
this  state  of  things,  and  to  have  an  authoritative  declaration,  in 
some  authentic  form,  which  should  bring  the  whole  Council  to 
an  acknowledgment  of  their  responsibility  to  the  Commons. 
Mr.  Howe  made  no  secret  of  his  determination  to  retire,  and 
allow  the  majority  to  test  their  power  to  overturn  the  govern- 
ment, if  a  doubt  was  suffered  to  remain  that  they  possessed  it. 
The  danger  was  imminent.  A  meeting  of  Council  was  called, 
and  Mr.  Dodd  was  deputed  to  make  a  statement  which  it  was 
assumed  would  be  satisfactory.  He  referred  to  explanations 
which  had  been  made  in  the  House  (during  his  absence),  stated 
his  hearty  concurrence  with  these,  and  expressed  h's  gratifica- 
tion at  the  vote  which  resulted.  He  then  referred  to  the  pub- 
lished remarks  of  members  of  the  government  in  another 
branch  of  the  Legislature,  and  explained.  The  Hon.  Mr.  Stew- 
art, he  said,  was  not  treating  the  subject  of  government  fully 
and  regularly,  but  was  only  giving  an  answer  concerning  cer- 
tain points  ;  and  that  that  gentleman  fully  concurred  with  the 
members  of  the  government  in  the  House  of  Assembly  respect- 
ing views  which  had  been  expressed  of  the  system  now  in 
operation.  The  other  member  of  government  (the  Attorney 
General),  whose  remarks  had  appeared  and  were  considered  cor- 


.}ii 


1 1 


CLOSE   OF  THE  SESSION. 


327 


I 


ng  cor- 


roborative of  INIr.  Stewart's  views,  had  made  similar  expression 
of  concurrence  ;  and,  moreover  denied  tlie  accuracy  of  the  report 
of  his  speech,  refusing  to  be  bound  by  that  which  he  had  not 
revised,  and  did  not  acknowledge  as  stating  iiis  sentiments. 
Mr.  Dodd  then  proceeded  to  read  a  ])aper,  which  will  be  found 
in  the  appendix,  and  which  was  at  the  time  jocosely  called  a 
"  Confession  of  Faith."  In  this  paper,  while  the  Governor's 
responsibility  to  his  sovereign  was  declared,  and  the  responsi- 
bility of  his  advisers  to  him  admitted,  their  obligation  to 
defend  his  acts  and  appointments,  to  preserve  the  confidence 
of  the  Legislature ,  and  the  right  of  the  popular  branch  to 
obstruct  and  embarrass  them,  was  affirmed  in  the  most  explicit 
terms.* 

This  declaration  calmed  the  air,  and  the  session  closed  tri- 
umphantly. Mr.  Howe's  speech  in  defence  of  the  government 
was  republished  in  Canada.  The  Montreal  Courier  thus  ex- 
pressing its  opinion  of  its  merits :  — 

A  very  im2)ortant  speech  was  delivered  in  the  Nova  Scotian  Assem- 
bly a  fiiw  days  back  by  the  Speaker,  the  Hon.  Joseph  Howe,  from 
■which  we  gather  most  of  the  leading  points  of  Lord  Falkland's  adminis- 
tration. A  more  favorable  statement  was  never  made,  nor  could  lan- 
guage more  appropriate  have  been  selected  to  make  it  in.  It  came  as  a 
death  blow  to  the  hopes  of  the  enemies  of  the  administration,  and  will 
serve  to  show  the  grossness  of  the  misrepresentations  with  which,  even 
in  this  part  of  the  world,  Lord  Falkland's  government  has  been  assailed. 

As  this  speech  exhibits  the  working  of  responsible  government  in 
Nova  Scotia,  we  sliall  proceed  to  make  some  extracts  from  it,  elucidat- 
ing its  principal  features. 

We  liave  here  the  spirit  of  Lord  John  Russell's  famous  dispatch, 
fairly  carried  out,  and  from  this  form  of  government  —  responsible  or 
not  responsible  —  we  fearlessly  assert  that  no  man  or  set  of  men,  either 
in  this  Province,  or  at  home,  can  ever  depart.  We  may  improve  the 
action  of  the  government  and  select  other  men  to  give  energy  to  its  deci- 
sions, but  the  system  itself  and  the  principles  on  which  it  is  based  are 
immutable. 

Though  so  large  a  majority  in  the  Legislature  had  expressed 
*  Doddcaa  Confession.  —  See  Appendix. 


w 


'  li 


^'l 


H 

1    ■  ' 

V  ' 

1! 

If.;. 

1  1 

;..ij 


i! 


■!■ 

!     i| 


gPP 


328 


constitutionalist's  letteus. 


I  t  hi 


fifli 


'  ^ 


!l ! 


I  I' 


,'   i 


its  approval  of  Iho  administration,  and  pledged  to  it  snpport, 
and  although  that  majority  included  many  of  the  ablest  and  best 
business  men  then  before  the  country,  outside  there  was  an  or- 
ganized  oppor^ition  of  a  very  virulent  kind.  Several  of  the  gen- 
tlemen Avho  were  compelled  to  retire,  on  the  formation  of  Lord 
Falkland's  government,  were  men  of  largo  fortunes  and  fair 
social  standing.  Not  being  members  of  the  Legislature  they 
could  not  be  included  in  the  Executive  under  the  new  system. 
They  could  not  or  would  not  comprehend  the  necessity  which 
compelled  their  retirement,  and  deeply  resented  what  they  per- 
sisted in  regarding  as  personal'  injustice  and  degradation. 
Their  feelings  were  shared  by  relatives,  friends  and  partisans. 
These  overflowed  into  the  press,  which  was  characterized  by 
bitterness  and  personality,  up  to  that  period,  unknown  in  its 
political  history. 

On  the  23d  of  June,  a  writer,  under  the  signature  of  "  A 
Constitutionalist,"  appeared  in  The  Nova  Scotian.  In  a  series 
of  nine  letters  he  grappled  with  and  refuted  every  charge  that 
had  been  brought  against  the  government  by  the  newspaper 
writers  of  the  day.  He  explained  and  illustrated,  in  popular 
and  attractive  language,  their  principles  and  measures,  and 
carrying  the  war  into  the  enemy's  camp  overwhelmed  them 
with  sarcasm  and  drollery.  These  letters  were,  at  the  time, 
and  have  been  ever  since,  attributed  to  INIr.  Howe.  The  au- 
thorship has  never  been  either  acknowledged  or  denied,  but  the 
effect  of  them  was  very  striking.  They  were  eagerly  read  all 
over  the  country,  and  the  scribblers  who  had,  for  months, 
assailed  the  jiopular  party,  were  fairly  beaten  at  their  own 
weapons. 

On  the  7th  of  September,  Mr.  Howe  was  offered  and  accepted 
the  ai)pointment  of  Collector  of  Colonial  Revenue,  vacated  by 
the  death  of  the  incumbent. 

The  legislative  session  commenced  on  the  23rd  of  January. 
On  the  meeting  of  the  House,  Mr.  Howe  stated  that,  having 
accepted  an  ollice  of  emolument,  he  felt  it  his  duty  to  resign 
the  chair.  The  propriety  of  this  step  was  at  once  aclaiowl- 
edged.  His  resignation  was  accepted,  and  his  services  were 
recognized  by  the  passage  of  a  resolution,  by  unanimous  vote, 


1    K 


support, 
nid  best 
LS  an  t)r- 
tho  gen- 
ol"  Lord 
and  fair 
nrc  tlipy 
system. 
y  which 
hey  per- 
radation. 
(artisans, 
■rized  by 
ni  in  its 

e  of  «  A 

1  a  series 

arge  that 

3wspaper 

popular 

ires,  and 

lod  them 

he  time, 

The  au- 

[,  but  the 

-  read  all 

months, 

leir  own 

accepted 
.catcd  by 

January. 
t,  having 
o  resign 
acknowl- 
;es  were 
ous  vote, 


QUALIFICATION   BILL. 


329 


in  wiiich  the  House  recorded  its  sense  of  his  impartial  and 
correct  deportment  in  the  chair. 

Mr.  Wm.  Young  and  Mr.  Huntington  were  candidates  for 
the  Speakership.  Tlie  former  was  a  member  of  ihe  Executive 
Council.  A  resolution  was  passed  declaring  the  two  ollices, 
henceforward,  incompatible.  Mr.  Young  was  elected  by  a 
maj(n-ity  of  two,  accepted  the  cliair,  and  tendered  his  resig- 
nation of  the  seat  in  Council. 

On  the  8th  of  February,  the  Qualification  Bill,  aimounced 
in  the  Governor's  speech,  and  brought  down  by  the  Execu- 
tive, created  an  animated  discussion,  and  threatened,  for  a  time, 
the  defeat  of  the  government.  The  nature  of  the  measure  will 
be  gathered  from  a  speech  delivered  by  Mr.  Howe  on  the 
second  reading. 

Sir,  ill  rising  to  move  that  tlic  bill  be  committed  to  a  committee  of 
the  vv'liole  IIoiiso,  F  feel  it  my  ilnty  to  offer  some  reasons  for  doing  so. 
The  motion,  if  agree<l  to,  -will  ])0  considered  a  sanction  to  the,  ])rinciple 
of  the  1)111,  and  in  thus  calling  on  members,  arguments  in  support  of  the 
motion  may  be  expected.  Tlie  bill  was  annoimced  by  Ills  Excellency 
in  the  o})ening  speecli  of  the  session,  and  that  it  was  truly  descril)ed  as 
"  calculated  to  extend  the  privileges  of  the  constituency  of  Nova  Scotia, 
to  render  available  to  the  I'rovince  at  large  the  services  of  persons  well 
qualified  to  comprehend  its  wants  and  advance  its  interests.  ])ut  whom 
local  circumstances  might,  under  the  ])resent  law,  temporarily  exclude 
from  the  Legislature,"  I  trust  to  be  enabled  to  demonstrate.  I  look  on 
the  bill,  sir,  in  some  respects,  as  a  h'gacy  left  to  the  House  by  a  gentleman 
who  has  long  since  departed  from  among  us ;  one  with  whom  I  may 
have  sometimes  dilfered  in  opinion,  but  whose  memory  stands  so  high  in 
the  estimation  of  Parliament,  that  I  may  be  warranted  in  sayir.g;  that  if 
the  bill  contained  any  principle  at  variance  with  the  liberties  of  the 
country ;  if  it  deprived  the  electors  of  any  privileges ;  if  it  proposed 
any  innovation  by  which  the  government  could  be  strengthened  at 
the  expense  of  the  people,  —  it  never  would  have  had  his  sanction 
and  support.  That  the  bill  has  the  deliberate  approval  of  the  Ex- 
ecutive government,  is  one  reason,  perhaps,  why  it  should  be  more 
carefully  and  jealously  examined  by  this  House.  I  may  say,  sir,  that 
no  respect  for  authority  would  induce  me  to  stand  up  I\ere,  and  offer 
the  measure  to  the  approval  of  Parliament,  if  I  did  not  believe  tlrt  the 
•^8* 


I  I 


'  :-i. 


I.  1 


11 


fii 


!i  ■  ' 


'  --i^ 


i:  r 


330 


QiTALIKICATION    HILT, 


coiiiitry  would  ln'  scrvcil  Iiy  ilic  (|iiMlil'K';\ti()n  I'or  ;i  i-cprcsciilallvc  liciiii^ 
rcslriclcd  Iiy  no  Itoimds.  cxccpl  llin-c,  of  the  Proviiico.  The  Ivxcciilivc, 
in  i'orniini;'  (lie  oilier  l>i;ni.'li  of  (lie  Lcirislntui-c,  is  inuc.-li'iclcd.  lie 
looks  o\ cr  llic  wliolc  l'ii)\  incc,  ;nid  si'li'cls  men  from  every  pari,  wlioni 
he  deems  most  fil  lo  repre^enl  llie  Nurions  classes  of  llie  Avliole  iieople.  iu 
liie  Conneil  ;  lo  snsiain  llie  jnsi  i-i^lils  of  the  ei'own,  mid  lh<'  iiiten\sls 
and  privileizes  ol'  the  popidalioii.  There  the  prerogative  nm-  over  ilw. 
counlry  at  large;  and  shonld  not  the  people  have  similar  ad\antages  ? 
Should  till'  Executive,  in  foi-ming  one  hi-aneh,  liav(>  sneli  a  wide  elioico, 
and  the  people,  in  forming  another,  he  coiilined  to  a  narrow  eirelei' 

Jn  I'ingland,  the  elective  fi'anchise  is  conlincd  lo  comities,  lioronghs, 
shins,  and  cities;  her<>,  (o  comities  and  towns.  The  limilation  was 
wisely  made,  in  order  iha!  every  inlerest  might,  be  fairly  represented. 
IC  it  were  ?iol  so  restricted,  the  inlerest  which  inchideil  iIk'  majority  ol" 
the  people  would  send  all  (he  repres(,'ntatives.  Such  a  re-lriclion  is 
wise  and  necessary  lor  the  ends  of  pro|i(M"  rejtrcsenlation  and  of  justice. 
But  when  representatives  have  been  elecled,  ihoiigh  they  are  considered 
the  peculiar  guanlians  ol"  the  places  whence  ihey  were  reliirned,  by  the 
theory  of  the  Urilish  C'on^liliition,  which  we  claim  for  our  iiiherilanci', 
and  according  to  the  views  of  the  highest  minds  in  the  eiiipir(>,  the 
moment  a  man  lakes  his  place  in  Parliament,  he  is  not  a  representalive 
of  a  part  of  the  country,  but  of  the  nation  at  large.  So  far.  llie  theory 
and  practice  of  the  Province  agree  with  those  ol"  thi>  mother  country  ; 
but  when  W(>  come  to  llu'  mode  of  sideclion,  a  great  diileri'iiee  a[)pears, 
—  a  dillerenee  wiiich  ihe  bill  before  llu;  IFouse  is  intiMidcd  to  remove. 
In  the  United  Kingdom,  a  man  who  holds  a  (inalilicalion  in  any  part, 
luay  run  an  election  in  Knglaiid,  Ireland,  or  Scotland.  AVliy  should 
not  similar  privileges  exist  in  Nova  Scotia?  Mot  only  may  the  elec- 
tors of  KuLtland  choose  from  the  three?  kingdoms,  but  they  may  range  over 
every  portion  of  the  empire,  and  select  a  man  anywiiere,  who  has  the 
one  rciinisite  (lualUication.  Thus  Liverpool  may  choose  from  Canada; 
Manchester  from  Jamau-a;  and  even  London  from  Nova  Scotia,  if  the 
eonstitneneies  of  the  respective  places  iiiul  a  IJritish  subject  in  any  of 
these  distant  possessions  who  hus  the  IJritish  (pialiliealion,  and  whom 
they  preler  for  their  representalive.  Have  you  a  similar  range  in 
the  Province  of  Nova  Scolia?  No.  The  existing  law  says  that  a 
candidate  must  own  property  in  the  immedk-.te  place  which  he  seeks 
to  represent.  Is  this  limitalitm  wise?  That  it  is  not,  I  believe,  because 
it  is  not  Dritisli;  and  because  I  believe  that  no  good  reason  can  be  ad- 
duced for  the  distinction.    To  be  free  of  Great  Britain,  a  man  need  to 


xi'ciitivc, 
c.l.  Uv. 
rl,  whom 
Hcojili'.  in 
iiitcpcsts 
(ivcr  (lie. 

Ic  cliuice, 
•1."  y 

lioroii^^hs, 
ilion  was 
iri'sonk'il. 
iijority  of 
rid  ion  i.s 
)!'  jiisliof. 
oMsidcrotl 
I'd,  by  the 
licrilanci', 
iipin^,  tlic 
t'scntativc 
lie  theory 
■  country  ; 
ai)pc'ars, 
remove, 
my  part, 
ly  t^houhl 
the  clcc- 
ir-^c  over 
)  lias  the 
Canada ; 
tia,  if  the 
m  any  of 
nd  whom 
range  in 
ys  that  a 
he  seeks 
c,  because 
'an  be  ad- 
n  need  to 


QUALIFICATION    lULL 


331 


hold  only  one  property  ipialifiealion  ;  to  be  i'vvi'  of  Nova  Scotia,  with  its 
three  himdrcd  miles  of  Iciij^'lli,  and  its  two  hundred  and  lil'ty  thousand 
inhabilanis,  a  man  .^hoidd  hold  lhre<'-and-t\venty  I'reeliold^.  Was  there 
any  thinu;  in  the  eonntry  which  ealleil  lor  that  ujnal  disliiiclion  ?  I'',ven 
if  restriction  were  wise  for  an  old,  weallliy  Colony,  would  it  be  for  on*! 
lik(!  Nova  Scotia?  "NVa-^  there  any  thiiiii:  restrictive  in  knowledL'c,  states- 
manship, or  eltxpii'nce,  which  would  evaporate  except  a  man  came  from 
ji  particular  >pot  ?  No;  and  those  who  |iosses-ed  the.-e  (pialilies  oui^ht 
to  be  allowed  to  test  public  opinion  in  any  part,  of  the.  couulry.  At 
])resent,  a  man  incapable  of  mauauiui!;  hi-^  own  concern^,  of  addressing 
!i  sentence  to  iIk;  House,  may  hold  the  twenty-three  iVcelioM-, ;  yet  a 
man  who  would  be  an  ornament  and  honor  if  Miecled,  may  be  coufmeil 
to  a  narrow  s])ace,  and  elU'clually  debarred  from  public  life,  lly  (he 
restrielion,  able  men  are  .-hut  IVom  a  maidy  appt'al,  and  from  a  trial 
■\vitli  persons  of  similar  calibre  in  the  halls  of  legislation. 

]Iow  stood  these  matters  in  other  countries!''  I  do  not,  sir,  pretend 
to  be  very  inlimab;  with  tlu;  eou>titutions  of  ancient  a<--emblies,  but  I 
remember  enough  to  know  that  the  seiuilors  of  Koine  were,  senatoi's  of 
the  city  ami  the  em|>ire,  and  represented  tli(;  people  at  large;  the  Iribum.^s 
were  (Ik;  tribunes  of  the  people;  the  consci'ipt  fathers  were  i'alhers  ol" 
the  state,  and  of  all  its  population.  It"  you  go  to  Athen.<.  birth,  talents, 
and  pro]terty,  will  Ik;  found  to  have  given  (jualilicalioii  ;  but  if  I  mi.>take. 
not,  not  property  in  a  particular  street  or  district.  In  Canada,  as  is 
well  known,  the  Uritish  practice  presails.  1  do  not,  sir,  love  things 
merely  because  (hey  are  established.  I  think  that  things  which  are 
established  have  a  connnon  argument  in  their  favor,  —  ihnt  they  are  es- 
tablished; and  (hat  (hey  have  worked  W(dl  in  (he  countries  where  they 
exist,  I  nmst  believi!  mitil  reasons  be  shown  to  (he  contrary.  I  do  not 
my  that  we  are  bound  to  follow  those  (^xami»les  ;  but  I  ludieve  that 
llu!  present  practice  of  the  Province  is  injurious,  and  that  the  practice 
of  England  may  hv.  safely  taken  as  a  guide.  My  reasons  Ibr  these 
opinions,  sir,  are  threefold  :  — 

Firs(,  I  believe,  (hat  the  proposed  change  would  be  beneficial,  as  re- 
gards the  rights  and  pi'ivileges  of  the  electors;  secondly,  as  regards  the 
elianieter  of  the  Parliament  ;  and  thirdly,  respecting  the  powers,  and 
rights,  and  pri\ileges,  of  individuals  who  may  be  called  to  represent  the 
country. 

First,  as  respects  the  privileges  of  the  people.  If  His  Lordship,  in 
announcing  the  measure,  had  not  faithfully  described  it  as  calculated  to 
extend  the  privileges  of  the  constituency,  the  House  ought  not  to  pass  it. 


1 

1      ■ 

^:ri; 

)..;,[ 

'11 

1 

.?' 

1: 


I: 


i! 


i 


i   :,«. 


mm. 


ilfe; 


■.i.   i     : 

■III 
-..      ,f 

!,      , 
i   1 

!         i 

!  :' 

i!l 


i 

1     :■ 

1 
1 

t 

.^:p 

'  i! 

'ill.  .kH: 


i ;  ■^arf 


i^F 


332 


QUALIFICATION   IMLL. 


Eiit  if  it  can  bo  sntisfactorily  shown  that  if  will  oporalr  a-  dosrrihctl, 
then  I  trust  that  th(!  Iluiist^  wilh  ji  m'Mcroiis  feeling,  a  right-iniiuled 
apiu'eeiation  cil'  the  intentions  of  the  lOxeentive.  will  aeeept  and  pass 
tilt!  hill.  Why.  I  may  ask,  should  flu;  people  he  restraineil  in  their 
choice':'  Wiiy  >hould  any  portion  he  conlined  to  particular  limits  in 
get'kinj^  a  represintative?  If  (ifiy  men  are  to  he  sent  to  this  House, 
and  are  to  demand  the  respect  of  the  constitnency,  why  not  the  constitu- 
ency he  cnahh'd  to  make  the  body  as  eilicienl  as  possible  ?  Why  should 
the  people,  whose  riujlits  and  privileges  we  should  wish  to  extend,  and  to 
])lace,  not  oidy  beyond  the  conti'ol  of  the  Kxecutive,  but  the  control  of 
any  other  power,  except  tlu'ir  own  judgments,  —  why  should  they  be 
hamiiercd  by  an  anomalous  law.  in  so  important  a.  matter?  ]\Ieu  in 
search  of  a  horse,  a  wife,  or  a  farm,  have  tln^  whole  Province  to 
choose  from.  You  would  not  say  to  a  man  in  search  of  a  horse,  you 
shall  be  conlined  to  Lunenberg;  where,  jx'rhaps,  they  set  as  much  value 
on  an  ox  as  on  a  horse.  A  man  in  search  of  a  wife  should  not  be  restricted 
to  Falmouth,  where,  without  meaning  any  thing  disparaging  to  my  friends 
from  that  (piarter,  th(>y  i)i'ize  their  horses  nearly  as  much  as  their  wive?. 
Should  a  man,  seeking  a  farm,  be  jjrevented  from  looking  beyond  the 
county  of  Ilalil'ax,  where  a  good  one  is  scarcely  to  be  ibund  ?  In- 
stead of  this,  ])crsons  so  seeking  may  go  to  any  part  of  th(>  Province; 
but  when  we  come  to  the  representation,  a  great  difl'ercnco  appears,  and 
the  same  freedom  of  choice  is  not  allowed,  but  a  narrow  circle  is  drawn, 
and  a  constituency  is  told  to  select  the  best  within  that.  I  hoi)e  that 
this  needless  restriction  of  the  rights  of  electors  will  be  removed. 

Looking  at  the  subject  under  thi>  second  head,  as  respects  its  effect  on 
the  character  of  the  Assembly, —  is  there  a  man  within  the  walls  of  the 
House  who  has  not  felt  himself  trannnellcd  by  the  absence  of  some  such 
measure  ?  AVere  there  not  many  who  felt  that  they  had  served  the 
country  faithfully ;  that  they  had  maintained  their  independence  —  had 
never  bowed  their  spirits  before  the  authority  of  government  to  the  pre- 
judice of  the  people,  and  had  ever  upheld  wdiat  they  believed  to  be 
right,  but  who  had  also  never  stooped  to  pander  to  sectional  and  local 
party  influences  of  the  small  places  for  which  they  had  been  returned, 
and  who  might  therefore  be  met  by  the  opposition  of  those  influences? 
What  member  was  there  who  had  not  felt  that,  although  he  had  in  this 
manner  truly  performed  his  duty  as  a  representative,  he  was  liable, 
under  the  present  law,  to  be  judged  or  misjudged  by  a  petty  fragment 
of  the  population,  by  some  insignificant  fraction,  influenced  and  inflamed 
by  some  jjaltry  consideration  ?      I  appeal  to  the  House  on  this  point, 


QUALTFICATION    miJ,. 


333 


ami  iiif|iiiro,  will  not  IIk;  passage  of  tin'  bill  ri'iiKivc  iIh'm-  barriers  to 
frcciliitii  fit'  aclioii,  and  liavc^  a  tcinlciicy  to  i-aisc  llic  cliarai-tcr  ol'  ilio 
As.-cMiblv  ?  I  believe  it  will.  I  believe  thai  to  t^ive  every  luiblic 
man  the  I'reeiloni  of  a|i|ie;il  to  the  ulinle  eoiinliy  will  have  a  Icn- 
(Uiiey  1(1  break  down  these  ~ec(i(Hial  t'eelinLT-i.  It  will  give  to  tlio 
jtopnlalitin  of  Xuva  Scotia  what  every  pnldic  man  in  Mnglaml  pos- 
sesses, the  right  and  powei",  and  [)rivilege,  ol'  ap|»ealing  I'loni  pdly  fac- 
tions, and  ol"  thi'owiiig  tlienis(dves,  ((»r  ac(|tiittal  or  condeiiniation,  on  the 
great  body  (»f  the  people,  wlioin  by  theory  they  represent. 

In  lurinng  lo  the  third  branch,  sir,  of  my  argument,  I  have  to  con- 
sider the  eirecl  ol'  the  bill  on  the  position,  rights,  mid  inilepeiidcnci!  of 
individual  members  of  the  Assemi)ly.  I  f(.'el,  .-ir,  that  wliih;  in  theory 
wc  represent  the  whol(!  people,  We  have  not,  in  practic(>,  thai  which 
.shonld  follow  sncli  theory,  iIk!  right  of  an  appeal  lo  the  whole,  bnt  allow 
a  iraclion  to  condenni  those  whom  the  whole  might  sustain.  I  ask,  is 
that  English  —  an  in([uiry  which  always  has  weight  in  this  House.  I 
turn  to  the  history  of  England  ;  lo  those  proud  records  of  the.  mothcf 
country,  lo  which  we  never  turn  wiihoiu  feeling  our  bosoms  sw(dl:  with- 
out being  cheered  by  proud  examples,  I  turn  to  that  exiraordintiry 
jieriod  when  l^lliol,  and  Vane,  and  I  Iam|)don,  and  their  copatriols,  strug- 
gled for  liberty  against  prerogati\ c,  and  I  find  that  then^  was  scarcely  a 
public  man  who  did  not  throw  himself  on  various  constituencies.  If  wc 
come  down  to  a  later  period,  bcLdmdng  with  the  administration  of  Sir 
Eobert  "Wal])ole,  and  ending,  if  aou  will,  with  thai  of  Sir  Robert 
I'eel,  we  can  scarcely  find  a  man  noted  for  ekxpience  and  ])atriotisia  who 
has  not  been  coiulennicd  by  sonm  singles  constituency,  which,  if  it  had  the 
power,  would  have  crushed  talent  an<l  high  (Mideavors  in  conscrpience  of 
.some  local  dissatisfaction  or  prejudice.  The  younger  Pitt  sat  for  Appleby 
and  the  University  of  Cambridge.  What  sustained  the  immortal  Ihu-kc, 
■when  it  was  made  a  matter  of  charg(!  against  him,  that  he  was  too  lib- 
eral lo  Ireland —  a  charge  which  has  often  had  force  in  more  modern 
times;  when  he  was  charged  with  supporting  its  manufacturing  claims, 
and  its  demands  for  freedom  of  trade;  when  he  made  the  brilliant 
S})cech  in  wduch  he  declare(l  thai  Ik;  was  not  a  d(degate  for  a  part  but  a 
representativt!  of  the  whole  ;  what  supported  him,  but  the  conviction 
that  he  could  appeal  to  any  part  of  the  t'ountry,  and  that  his  character 
would  be  sustained.  Mr.  Fox  sal,  I  belicive,  for  Manchester  and  West- 
minister. Sheridan  for  Stallljrd  and  Ilchester,  and  contested  Westmore- 
land. Canning  sat  for  Newton,  Isle  of  Wight,  Windsor,  Sligo,  and 
Liverpool.    If  these  great  men  found  advantage  from  such  a  provision  as 


■M^' 

jt 

■mi       : 

, 

'iS 

W 

.  IT 

'  ■;! 

I 

.0 


i      I 


;,^.  : 


33t 


QUALIFICATION   HILL. 


lifi' 


-  i 

|.| 

1 

i 

■!' 

;     i| 

1  ) 

J^ 

■  M:!  ' 


I    '^ 


lluit  !=iH'iii'i'(l  liy  tin-  liill  Iicforc  ilic  !Ioii-r,  wdiilil  ;iiiy  arLrnc  tliat  its  (cn- 
(Irncy  was  evil  and  (lanirrroii-:':'  "WoiiM  any  inaii,  lixikiiiirliack  uii  the  (imcs 
alliiilcil  to,  and  liaviiiD;  tin'  (iirnrcs  of  tlic-c  -tatr-nicii  ln'lin'c  his  i'\v.<,  coni- 
mit  to  any  one  placi'  tlic  power  of  ( Miiii^ni.xliing  sni'li  liylits  of  a  nation? 
Coming  <lo\vn  to  tlio  times  of  O'Connt'lI,  ami  lookinj^  to  tlio  triuniplis  of 
pirat  ]ii'inci|il('s  wliicli  In'  acliirvcil,  \vc>  tind  that  lie  rfprcsnilid  Clair, 
Kerry,  IMcatli,  Cork,  and  DiiMin.  Who  that  was  llnniliar  with  the  his- 
tory of  pnhlic  affairs  wonld  say  that  such  an  cat^lr's  winirs  .»hoid(l  be 
(dijipcd  —  that  ho  should  ho  tied  down  to  any  sini^lo  horou;^h  or  town,  with- 
out tho  right  of  appeal  to  all?  Mvn  in  ICnuland  could  huy  him  over 
and  over  apiin,  as  regarded  nionied  wealth,  dciiendeiit  as  he  was  on  his 
profession,  and  the  gratitude  of  the  nation.  AVhat  «'hanet!  woultl  he  have 
had  with  men  of  X'uO(),('0(»;i  year,  if  he  had  not  had  the  privilege  of  throw- 
ing himself  ni)on  any  part  of  the  kingdom?  "We  eome  now,  sir,  to  the 
modern  economist,  who  may  Iiave  made  some  groat  mistakes  about  the 
Colonies,  for  he  did  not  take  iiito  his  calculation  that  within  Her  INIajes- 
iy'fi  dominions  there  were  no  men  more  atlaeheil  to  her  person  and 
govornmont  than  Colonists  ;  but  would  any  man  who  traced  ]»arl:ament- 
ary  history  wish  to  .see  Joe  Ilnino  thrown  out  of  the  groat  Assembly 
of  the  nation?  Some  sinocurists  who  had  been  cut  down  in  emoluments 
by  his  calculations,  or  some  who  otherwise  prospered  by  corruption, 
might  have  wished  that  ho  wer(!  limited  to  one  constituency;  but  such 
persons  wore  few  in  ninuber,  and  by  a  better  ^><ystem  he  retained  his 
parliamentary  place  and  nsefidness.  lie  represented  Aberdeen  —  he 
began  with  his  own  countrymen,  and  having  become  unpopular  with 
them  fur  some  cause,  he  appealed  to  England,  was  returned  for  IMiddle- 
sex,  and  losing  Middlesex,  was  returned  lor  Kilkemiy,  in  Ireland.  That 
Avas  the  manner  in  which  public  men  in  the  United  Kingdom  maintained 
their  public  career;  that  was  the  mode  in  which  the  system  worked 
which  was  now  sought  to  be  introduced  into  Nova  Scotia.  T  need 
scarcely  mention  the  name  of  ])rougham ;  no  man  Avould  wish  to  see 
such  a  public  cliaracter  shut,  at  any  time,  from  the  walls  of  Parliament 
—  to  SCO  him  placed  under  the  ban  of  any  single  constituency.  lie 
represented  Camelford,  Knaresborough,  "Winchelsea,  and  Yorkshire.  I 
now  come  to  a  man  whom  Colonists  have  a  right  to  respect,  if  they  res- 
pect any  public  man, —  Lord  John  Ilussell !  To  his  prcsoience  and  sa- 
gacity, in  a  great  degree,  do  Colonists  owe  the  systtMU  which  the  present 
governments  of  IJritish  America  are  carrying  out.  This  statesman  re- 
presented Poole,  Cahie,  Devonshire,  and,  when  a  great  struggle  seemed 
to  require  such  a  test,  he  threw  himself  on  Loudon,  and  sat  for  the 


;o 


oraed 
or  the 


QUALIFICATION    HILL. 


335 


niPtropolis.  1  inakf  tlic-c  nl'iniici'-,  sir,  without  i)oliti«'al  bins  —  willi- 
out  ill  all  iiiliiualiii^'  llwit  I  a|t|ir<  v  ol'  all  llial  llicxi  (li>tlii;ruisiii(l  iiirn 
UCf()iii|iIi>lnMl  or  atlt'in|tt<'<l ;  I)iit  to  .-liow  liow  llic  principle  wliicli  is  ciu- 
l)0(lii'(l  ill  (lie  liill  opci-atcs  in  \\\r  inollicr  coimtry.  liOi'il  ralnicrslon 
vi'prcst'iitcil  ('anil)riilgf,  IMrtcliiiiirly,  Soiitii  ll;niip>liiri',  and  'I'ivi'rlon. 
I  now  conic  to  the  ])rcs(iit  Premier,  and  ahiioUL,di  1  liavc  diU'ercd  in 
views  from  t lie  head  ol'  llei-  Majesty's  ('ouneil<,  I  can  reinenilier  no 
period  when  1  wisiied  to  see  a  man  ol' his  powers  of  mind  removed  i'roiii 
tiie.  I'aiTiainent  of  (he  coimtry.  I  would  he  soriy  indeed  to  see  a  man 
of  sneli  talents  and  ac([Mirements  limiteil  to  the  jiid^nnent  of  the  smallest 
"Whig,  <»r  Tory,  or  llailical  coii>titneiiey.  Sir  Ivoljerl  l*e(d  would  never 
liavo  risen  to  the  eminence  which  Ik;  occupies,  he  woidd  iiol  have 
ripened  his  powers  ol"  sagacity  and  cloipience,  if  he  had  not  the  privi- 
lege (jf  appealing  to  every  section,  and  of  niainlalning  his  principles  iii 
every  part  of  the  kingdom.  He  lias  r"presenteil  Oxford,  We.-thiiry, 
Cashel,  C'hip|)i'r(oii,  and  Tamworth.  >  ■  that  gentleman  will  perceive 
that  the  ])resent  I'remier  of  Kngland  has  sat  for  five  or  si.v  jilaci's,  and 
that  his  experience  is  strongly  in  favor  of  .-uch  provisions  as  those  rec- 
ommended to  the  ]h)U-i'.  I  now  turn  to  Loi'd  Stanley,  one  of  the 
ablest  debaters  in  the  I  louse  of  Commons,  and  a  uolileman  <il'  whom  I 
may  be  ))ernutted  to  say,  that  he  is  as  anxious  as  any  one  comiecteJ 
with  the.  r>rilish  government  sincerely  to  carry  out  tlu^  principles  which 
■we  are  endeavoring  to  establish  in  this  IN-ovincc  —  as  desirous  to  extend 
to  the  Colonies  the  principles  of  tiie  llriti.-h  ('onstitulion,  and  thus  as- 
simulate  the  condition  of  Colonists  to  that  of  the  residents  of  the  United 
Kingdom.  Lord  Stanley  sat  for  Stoekbridge,  Preston,  "Wind-or,  and 
North  Lancashire.  May  I  not  turn  to  these  illustrations  of  the  jirinci- 
ple  which  is  before  the  House,  in  i)roof  that  its  i)raetice  is  beneficial? 
Looking  back  on  the  past,  would  any  man  wi^h  that  one  of  the  lumina- 
ries of  those  times,  should  be  excluded  from  puljlie  life  by  nai-row  re- 
strictions? AYould  any  wish  to  lose  one  brilliant  speech,  one  admirable 
measure  of  these  men?  "Would  any,  no  matter  of  what  political  shade, 
strike  from  the  galaxy  of  British  talent  one  of  its  ornaments,  or  keep 
any  one  great  man  in  obscurity  because  he  had  maintained  his  indepen- 
dence, and  asserted  his  principles  ?  Would  any  wish  to  apply  to  the 
persons  enumerated  restrictions  like  ours  ?  If  there  were  one  so  actuated, 
I  would  tell  him  that  under  such  circumstances  some  of  the  noblest 
flights  of  eloquence,  some  of  the  wisest  laws,  some  of  the  most  valuable 
expositions,  would  be  lost  to  us,  and  lost  to  the  country,  where  they  are 
treasured  in  tlie  hearts  of  the  people. 


n 

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1 

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QUALirU'ATION    DILL. 


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if 


I    firtl 


I  aiii  iiwiirc,  sir,  lli;it  it  iiiiiy  I Iijrcicd.  tlmt  llii->  Iiill  Win  iiitroiliu'tMl 

two  yciiis  .'I'^H);  wMs  ()|i|)o-c{|  Ity  Miiiii'  iiiciiilicrs  of  u'livirmiunl ;  ami  was 
lost.  If  ill  lliMl  liinr  ^Dvcriitiiriil  had  coiik;  to  iiiiilcd  dclilx'l'atft  action 
on  tlic  mcusiiri',  I  woidd  not  lie  a-Iianud  to  say  that  ^^oviTiiiiiciit  liad  bc- 
como  wiser  at  tlic  present  day.  NVlun  llic  Iiiil  was  llrst  iiitrodiieed  it 
was  o|)|)os('d  l)y  tlic  liieii  Attoi'Mey  (icneral,  in  an  ai';xiiiMrnlatIve  speeeh, 
and  that  kii()\vicd;.'e  of  the  prejudices  of  llic  conntry  wilii  uiiicii  lie  was 
so  well  acquainted,  and  with  that  animation  and  hinnoi-  whidi  lie  could 
so  readily  hrin;,'  to  bear  on  any  (lue-iidii.  1  was  in  iJir  cjiair  nf  the 
IloUriu  on  the  o(  caMoii,  ami  f(  ll  as  I  do  now,  without  having  the  power 
to  express  an  o[>iiiion.  There  was  no  united  action  on  the  measure 
thi;n,  —  the  iroveninieiu  had  been  but  newly  Ibrmeil ;  it  hail  not  time 
for  ('on>ultuti(tn.  or  lor  a  review  <if  the  publiir  allairs  of  the  country. 
Il'  I  li'lt  al  that  linn  .  >ii'.  Ilial  llie  bill  woidd  have  been  useful  under 
the  old  >y.-leni,  1  feel  now  thai  it  is  an  es-icntial  element  of  the  new 
coiistiliiliou.  What  has  occui'red  in  Canada  cilice  then  ?  I  invite  the 
alteiition  of  ireiitlemaii.  not  that  they  may  be  p(M"siia<led  by  jn<',  but 
inlhieuced  by  their  own  jud^'meuts  and  umlerslandiuu'.  Mr.  Lalbntaine 
was  driven  by  violence  from  the  hu.-lin;j;s  ot'  a  French  coiislituency,  and 
would  have  been  deprived  ol'  his  chauce  of  a  seat  by  the  present  law  of 
Nova  Scotia,  lie  threw  himself  on  an  Mu^dish  county  of  Upper  Can- 
ada, aiul  is  eleeied.  and  .iroes  into  the  Councils,  where  his  talents  may  bo 
exercised  in  I'avor  ol'  public  order.  JMr.  JSaldwin  is  an  Englishman,  and, 
notwithstaniliug  what  his  enemies  .«ay.  I  believe  that  he  is  as  sincerely 
honest  a  public  man  as  any  in  the  Colonies  —  that  he  has  tlu^  public 
good  as  much  at  heart  as  any  man  within  the  walls  of  this  house.  lie 
was  refused  by  Kngli>h  constituencies,  and  was  compelled  to  throw  him- 
self on  one  of  the  French  counties. 

In  that  country  they  are  linding  the  value  of  the  l>riiish  system, 
and  w(!  will,  by  and  by,  find  it  here.  Under  the  law  in  operation  ia 
Nova  Scotia,  such  a  man  as  ^Ir.  Ihddwin  would  be  compelled  to  buy 
half  a  dozen  freeholds,  instead  of  one  enabling  him  to  run  for  any  part. 
"Why  should  not  tlu;  law  found  nseful  there  ii])ply  here  ?  Why  should 
violence  deprive  a  man  of  the  right  of  appeal?  AVhy  should  local  pre- 
judice turn  an  Englishman,  any  more  than  a  Frenchman,  from  the  halls 
of  legislation,  without  such  redress  as  was  enjoyed  in  England? 

I  may  turn,  sir,  to  Nova  Scotia,  ibr  some  possible  illustrations  of  the 
application  of  the  priiici[de.  I  may  fancy  that  the  S[)eaker  of  this  House, 
might  at  sona;  time  have  voteil  against  a  (Jovernor  who  had  s'rong  na- 
tional feelings  in  his  iavor,  and  ibr  this  vote  that  he  might  be  turned 


r,  ■■  H  ■i'l 


r| 


'■'li 


QUALIFICATION   BILL. 


337 


I  <    t 


piiltlic 


fioiu  ;i  |i!ifliciiliii' county,  —  rcjcctrd,  imt  hcrail^i'  Ii''  Iiml  iinl  mlciniiifft 
t!il<'iils.  di'  dill  not  MTvc  liis  ('on'titn«'nt>  liiitlit'nlly,  Itnt  lucini-f  In'  li.ul 
poIilicMlly  ilill'd'cil  willi  n  ^I'titlcnian,  ulio-<'  coMnlryniiMi  wrrc  inlliiriii'i'il 
I»v  old,  and  vniri'Mldf,  and  lii;,'ldy  r('-|)cctali|i'  a<-ocialion'.  Sii|i|io-in,;^ 
lliis  to  111'  ilic  ca^c  ;  \\\\y  wiMdd  yon  dfprlvi'  lln'  llou-c  ol'  it>  Sinakt'i', 
and  iIm'  Province  oC  his  lalful-i,  wiilmnl  any  ii;jlil  of  a|i|M'al  lo  a  wider 
and  le->  prejudiced  li'ihnnal?  Snppo-e  liie  Solicilor  (Jeneral,  or  lii.s 
lionoralde  colIea;f||e,  wlioiii  I  i  (|iially  re«pect,  were  Inrni'il  from  ihe  repr<'- 
^eIllalion  of  Cape  lireton,  Ity  nn  ans  of  thai  excilinj.',  I»nl,  lo  my  mind, 
inoii^lronsly  ahsnrd  ([uestion,  the  repeal  of  the  anion  lietween  thai  i-laml 
and  No\a  Scoiia,  —  >nppo<e  them  disini^-cd  on  this  local  qne-tion  which 
is  manifestly  at  xariiuice  with  the  ^'real  interests  of  liie  i'rovince; 
wonld  yon  allow  those  j^entlemen  to  he  thus  driven  from  pid)lic  life,  and 
he  told  that  they  >lioidd  not  <'nfer  these  walls  ai^ain,  hecanse  yon  wi-Ii  to 
retain  a  resli'ictivc  law?  Fancy  another  instance,  which  may  not  ho 
\t'vy  nnllkely  to  occur.  Wo  all  respect  the  intidligence  and  indepenilenco 
of  the  honorahle  member  from  Vannouth  ;  -uppo-e  that  he  .-Imnld  not.  bo 
iiH'linetl  to  f^i\e  as  mncli  of  tlie  jmldic  fnmls  to  one  particular  in>titntion, 
as  its  friends  thou,ij;ht  that  it  was  entitled  to,  —  imaj;ine  that  the  circinii- 
.stance  were  l)roui,dit  lo  bear  on  his  seat  so  as  todeprive  tin'  I'l'ovinceof 
bis  services,  —  would  y<»u  say  that  lliut  .should  be  tho  eii.-<e  without  I'uU 
a|>p(al  ? 

I'nder  the  present  law  that  could  occur;  under  the  bill  before  the 
House  he  could  come  to  Halifax,  and  throw  bims<df  on  the  constituency 
here.  Altbouiih  it  has  been  said  that  weallli  mi;:ht  irct  undue  influence, 
miller  the  bill,  if  that  gi'ntlemau  were  to  ihi'ow  liimsidf  on  the  capital,  it 
wonld  soon  be  discovered  whether  the  wealth  of  the  few  could  carry  n 
contest  against  the  confidence  and  good  wishes  of  the  many.  In  endeav- 
oring to  work  out  changes  which  I  thought  beneficial  to  the  ProviiK^e  at 
large,  1  may  have  given  oflence  to  a  portion  of  my  consiituents.  1  feel 
bound,  whili'  uiaking  this  allusion,  to  return  my  thaid;s  to  them,  for  the 
confidence,  and  kindness,  and  steady  support,  which  I  have  received  at  their 
luinds,  and  which  enable  mo  to  stand  here  to-day,  imh'peudently,  as  their 
representative.  But  suppose  that  i)arlies  were  difi'erent,  and  (hat  ditFer- 
ing  with  my  constituents  on  the  free  port  question,  and  in  extending 
privil(>ges  to  every  part  of  the  Province,  T  made  enemies  of  those  who 
wished  to  restrict  them  to  the  capital,  and  that  I  fijund  myself  supported 
by  the  minority  only ;  should  I  not  luive  the  right  of  appeal  to  those 
ports  which  had  been  opened  against  the  wishes  of  those  who  desired  to 
monopolize  such  advantages  ?  Or  go  to  Argyle,  so  well  represented  by 
2a 


11!^ 


h   :  f: 


I  I 


"I 


i' 


I'  I 


ill 


>  \ 


>  M 


338 


QUALIFICATION   BILL, 


the  gentleman  who  comes  from  that  plaee;  thcn^  the  iiopulation  is  lialf 
French,  half  English  ;  if  a  man  of  talent  wei'c  to  arise  among  the  French, 
and  that  some  jealonsy  math'  him  nnaceeptalile  to  the  Kngh<h.  wiio  hap- 
pened to  he  the  more  powerful  portion,  there  he  slioidd  stay,  heeanse 
lie  Avas  confined  to  the  franchises  of  th('  township.  If  there  was  a 
3<>enchman  there  -who  had  a  desire  to  serve  the  Pi-ovincc;  at  large,  and 
from  the  specimens  that  part  of  the  poj)nIalion  have  sent  hen;  —  from  the 
Conrtesy,  kindness,  intelligence,  and  modei'alion  of  llio-e  wjio  have  repre- 
sented them,  we  nniy  be  prepared  to  see  a  nnui  of  hrilHant  tah'iits  rise 
from  among  them  and  chiim  jtuhlic  attention;  would  yon  say  to  such  a 
yonng  Frenchman,  whose  mind  was  informed  hy  the  literatun;  of  two 
nations  instead  of  one,  —  would  you  say  to  such  n  man,  You  cannot  come 
into  the  Assembly  of  the  J'l'ovince,  excejji  for  Ai'gyle,  although  you  miglit 
Ibe  respected  elsewhere  for  your  talents  and  moral  character?  Look  to 
Guysborough ;  that  district  is  divided  by  a  bay  and  a  river.  Now,  in- 
stead of  the  young  F^'cncinnan,  suppo-;(!  a  man  there,  of  brilliant  talents, 
judged  by  the  local  feelings  of  fishermen  and  i'armers.  F'ancy  such  a 
man  on  the  farming  side  of  the  harbor,  driven  irom  the  hustings  because 
he  did  not  lay  a  duty  on  salted  provisions,  and  rejected  at  th(i  other 
side  because  he  did  not  fully  understand  the  mysteries  of  clear  sheer 
pork,  which  fishermen  prize  so  much.  Hundreds  of  such  instances  could 
be  given.  Go  into  Colchester,  and  those  who  know  it  best  will  corrobo- 
rate what  I  say,  —  go  there,  and  what  is  the  exciting  question  ?  what  has 
divided  men's  minds  during  the  last  two  years?  lias  it  1)een  responsible 
government?  Not  at  all ;  the  whole  jtopulation  are  in  favor  of  it.  Has 
it  been  the  diiTerences  between  J^ord  Falkland's  government  and  those 
"who  oppose  it?  No.  lias  it  been  any  (piestion  of  pul)lic  policy  ?  No. 
What  then?  The  entire  county  is  se])arated  into  two  ])arts  by  a  river, 
and  the  parties  in  opposition  are  those  on  each  sidi'  of  it ;  the  (pie-ition 
being  on  wdiich  side  a  proposed  road  shall  run.  That  was  the  all-absorb- 
ing question  there,  and  on  such  should  a  jjublic  m:ui  be  judged,  turned 
from  the  Assend)ly,  and  refused  a])i)eal  to  the  whole  peo[)le  ? 

It  might  be  said,  that  the  law  of  the  land  allowed  a  jury  of  twelve 
men  to  decide  questions  of  life  and  death,  and  why  not  allow  a  small 
constituency  to  decide  on  public  character?  It  should  be  considered  that 
a  jury  properly  chosen  is  supposed  to  represent  the  whole  country.  The 
body  is  purified  by  a  fair  challenge,  it  is  bound  to  try  cases  by  established 
rules  of  evidence,  and  luis  no  interest  in  the  matter  on  which  it  is  to  pro- 
nounce. The  argument  does  not  at  all  api)ly  to  constituencies,  who  have 
an  interest  in  elections ;  they  may  bo  misled  by  fulscliood,  and  inflamed 


N  4\  i 


Ui   I 


QUALIFICATION   BILL. 


339 


'I ; 


by  prrjiulices,  without  the  checks  whicli  arc  wi.scly  proviilcil  fur  tlie  rcg- 
uhilion  of  juries. 

I  iim  ;i\v;irc,  sir,  that  a  great  ohjection  to  this  measure,  is  tlie  seeiiiitig 
advantage  which  it  gives  the  ridi  man  over  the  }H)or.  It  Iia<  heen  said 
that  the  moment  the  hill  passes,  g(,-ntletneii  of  iufluc-'uce  and  wealtli  from 
IlaUllix,  will  atl('ni[)t  to  ^weep  the  e()iis(ituencies  of  the  country,  and  if 
they  should  he  dcfcate<l,  will  endeavor  to  crush  their  o[»poneiit>.  I  may 
aay,  in  the  hrst  place,  and  1  am  scjrry  for  it,  that  we  have  not  got  cpiito 
as  many  wealthy  mm  here  .as  we  thought  we  had;  not  so  many  rich  a.^ 
thought  tlu-'Uiselves  rich.  Tho-e  who  possess  j)roi)erty  have  en(jugh  to 
do  with  it  at  home  ;  have  enough  to  divert  their  minds  from  trouhling 
the  country  by  contesting  elections.  Ihit  suppose  they  were  so  in- 
clined; the  richest  men  in  Halifax,  tried  nearer  home  to  turn  out  men  of 
moderate  means,  and  were  not  able.  Why  weni  they  not  ?  liecauso 
our  j)eopU;  were  too  s[>irite(l  (o  be  dictated  to,  even  by  those  who  hold 
heavy  jiurses.  If  such  persons  ,-liould  try  the  country  constituencies  under 
the  bill,  they  woidd  .-oon  be  taught  a  lesson,  and  tht;  only  evil  they  would 
bo  able  to  aceoni[)lish,  would  be  to  leave  a  litth;  of  their  surplus  capital 
ill  places  of  the  interior,  where  [)erha[>s  it  is  re<[uired.  There  were  no 
rottiMi  boroughs  in  the  Province;  the  smallest  constituency  had  one  hun- 
dred or  more  freeholders;  and  in  these,  or  the  largest,  I  defy  tlu^  richest 
man  to  secure  liis  return  except  by  legitimate  inlhiences.  Tin;  only  men 
who  could  successfully  try  such  places,  would  be  those  of  talent,  whoso 
principles  were  sustained  by  the  people  ;  who,  liki;  yourself,  would  serve 
a  distant  constituency  elficiently,  or  like  the  Solicitor  General,  or  others 
who  might  be  selected.  l»y  the  bill,  none  would  be  restricted  ;  the  peo- 
ple would  receive  most  eflu'ient  jirivileges;  and  the  representation,  not 
confined  to  particular  towns  ami  disiiicts,  would  run  current  as  the  air 
that  circulates  around  the  I'rovince.  I  may  in(pure  of  those  who  fear 
that  the  bill  is  to  cive  advantaires  to  the  rich,  what  the  i)resent  law  cfTects. 
The  rich  man  now  may  buy  freeholds  in  any  or  every  part ;  can  the 
poor  man?     Has  the  latter  any  right  of  ajiijcal  to  the  whole  people? 

These,  sir,  comprehend  a  few  of  the'  arguments  on  which  the  friends 
of  the  bill  are  prei)ared  to  sustain  it.  I  feel  that  the  ipiostion  is  one  ui)on 
which  every  member  is  called  to  exercise  a  deliberate  judgment.  I  ieel 
that  the  more  it  is  sifted,  the  more  it  is  understood  by  the  House  and  the 
population,  the  inoic  will  they  sanction  it  as  an  act  of  sound  policy,  and 
one  in  accordance  with  liritish  i)ractice.  It  has  been  my  fortune,  sir, 
to  propose  some  constitutional  changes  ;  it  has  been  my  fortun(S  under 
the   good  providence  of  the  Almighty,  to  see  those  changes  working  out 


I        i 


n^! 


!    :f|,;i 


t   '  ' 


(  '  .' 


1 


VA. 


«.||'J!|j.^'|i. 


'!'    I 


^    1 


':! 


',! 


li  u 

Lj  imiiu-^ 

- 

Pil 

Ml'"! 

W3  Fpifniiw ;?  i 

H 

1, '  ■  t 

Ml 

n 

ill 

i  iv. 

mi  <     ■ 

1 
1^'^  ill   i 

340 


QUALIFICATION  BILL. 


pcnocfiilly  and  liarinoiiiously,  liy  moans  of  (he  good  sense  of  tlio  Logis- 
latiii'c  ami  the  people.  As  on  this  oL'oa>ion,  my  molivo  may  be  siisjx'cted 
and  misi'e[ii'eM'nled,  iind  my  advocacy  may  be  attribnted  to  my  particular 
])o,-ili()n  as  repirds  the  governnKMit  ;  I  say  now,  (hat  at  no  period  of  my 
life,  ill  no  stiii^iule,  no  time  of  trial,  did  I  find  my  mind  more  clearly 
made  up  re-|(eciiii^  (he  value  of  a  political  principh',  never  more  stroii,L!;ly 
conllrmed  as  lo  (he  wisdom  of  a  public  measure,  than  it  is  at  the  present 
moment  on  (Ik-  bill  bellire  the  house.  It  is  an  imiiortant  part  of  the  sys- 
tem which  we  have  been  endeavoring  lo  establish,  which  is  now  coming 
to  bi'  understood  and  appreciated;  and  a  Colonist,  I  trust,  Avill  soon 
feel  it  to  be  part  and  parcel  of  the  system  by  which  himself  and  his 
jiosterity  are  lo  be  goveriu'd.  I  am  aware  that  it  may  be  said  to 
iiive  to  the  Kxcciitive  the  ri'dit  to  throw  its  members  on  the  diirercnt 
counties,  and  to  call  on  the  peo])le  lo  sustain  them;  and  that,  therefore, 
it  is  a  weapon  that  may  be  used  against  the  pco[)le.  I  may  say,  that  tli(3 
members  of  government  arc  convinced  that  if  ever  there  ever  was  a 
country  which  could  not  be  ruled  liy  patronage,  Nova  Scotia  is  that  i)lace. 
This  may  ap[)ear  at  a  glance,  by  looking  to  the  few  men  likely  to  be  unduly 
influenced  by  government.  The  magistrates  and  judges  are  independent; 
the  sherifls,  as  executive  officers,  are  also  free;  there  is  not  a  county  or 
town  where  the  government  could  inllueuce  or  coerce,  so  as  to  secui'c  the 
return  of  an  individual  member. 

The  bill,  sir,  may  be  useful  to  all  parties;  to  the  opposition,  and  the 
government,  and  to  all  who  servo  the  country  by  giving  them  the  right 
of  a  British  appeal.  As  wc  have,  piece  1)y  piece,  o1)tained  British  in- 
stitutions, so  we  are  safe  in  adding  this  bill,  and  giving  a  firmer  founda- 
tion to  the  system. 

I  have  to  apologize,  sir,  for  the  time  I  have  occui)ied ;  indisposition 
scarcely  allowt-d  me  to  place  the  subject  in  the  manner  which  1  feel  it 
ought  lo  be  laid  before  the  House.  I  owe  the  House  many  thanks  for 
the  courtesy  with  which  it  has  received  my  remarks  in  commending  the 
bill  to  their  favorable  consideration,  as  a  measure  of  great  importance, 
and  of  very  beneficial  tendency. 

Mr.  Dc'wolf,  0.  member  of  the  Executive  Council,  being  op- 
posed to  this  measm'c,  resigned  his  seat,  and  led  v\[)  an  opposi- 
tion to  it.  lie  was  joined  by  some  gentlemen,  wlio  entertained 
apprehensions  that  it  might  enable  wealthy  men  from  the  capi- 
tal to  throw  themselves  upon  country  constituencies,  and  by 


1  Logis- 
lispoctcd 
irtiouliir 
il  of  my 
'  ('Icarly 
strongly 
pivscnt 
till'  sys- 
r  coming 
,'ill  soon 
and  liU 
'  said   to 
dilliTCiit 
hcrt'fore, 
,  that  llm 
er  was  a 
lat  place. 
)(;  unduly 
pendent ; 
ouiity  or 
pcure  the 

and  the 

10  right 
itish  in- 
fouuda- 

-position 
1  ft'Ld  it 
.•mks  for 
ding  the 
)ortance, 


■ing  op- 
opposi- 

L'rtainod 
le  capi- 
and  by 


QUALIFICATION   BILL. 


341 


otlior.s  who  desired  to  embarrass  the  government.  After  spir- 
ited debates,  running  over  s(!veral  days,  the  bill  was  carried  — 
twenty-seven  to  twenty-three.  It  was  passed  by  tiic  Council, 
and  became  the  law  of  the  land,  and  forms  at  this  moment, 
one  point  of  contrast  between  our  electoral  system  and  that  of 
the  Uniti^d  States,  which  intelligent  Americans  cheerfully  con- 
cede in  our  favor.  Mr.  Howe's  closing  speech  on  this  question 
may  yet  be  read  without  weariness,  as  a  fair  specimen  of  his 
argumentative  and  bantering  style  of  reply :  — 

I  rise,  sir,  to  claim  the  privilege  generally  accorded  to  the  introducer 
of  a  measure  —  that  of  reviewing  the  arguments  l)y  which  it  has  been 
opposed.  When,  I  made  the  usual  motion  that  this  bill  be  referred  to  a 
committee  of  the  whole  House,  I  urged  in  its  favor  only  such  reasons  as 
seemed  to  sanction  its  general  principle,  and  bear  naturally  and  forciI)ly 
on  the  question  raised,  without  drawing  into  the  scope  of  my  argument 
matters  which  had  w''h  it  no  necessary  eoimectioii.  Other  gentle- 
men have  not  been  saiisfied  with  this  simple  mode  of  illustration,  but 
have  examined  every  [ihase  of  the  new  system  of  government,  drawn 
forth  discussions  on  principle.-!  generally  acknowhulged,  and  have  sought 
to  arouse  feelings  connected  with  the  past  which  should  have  been  al- 
lowed to  slumber  undisturbed.  1  supported  the  bill,  sir,  Ih'st,  because  it 
gave  the  ])eople  the  same  wide,  range  of  selection  enjoyed  by  the  sov- 
ereign in  forming  the  Legishitive  Conncil.  Secondly,  because  it  was 
British.  Thirdly,  because  it  would  be  useful  under  any  representativo 
system.  Fourthly,  because  it  would  elevate  the  general  character  of 
Parliament  l»y  calling  within  thesti  walls  more  of  talent  and  information. 
Fifthly,  because  it  would  make  m(>mbers  more  independent  in  the  dis- 
charg(!  of  general  duties,  by  freeing  them  from  the  trammels  of  local 
interests  and  prejudices.  Sixthly,  because  it  would  put  the  rich  and 
poor  upon  one  common  footing.  Seventhly,  because  its  value  was  illus- 
trated by  the  example  of  nearly  all  the  greatest  men  of  the  mothe- 
country,  many  of  whom  would  have  been  excluded  from  Parliament  in 
mid  career  but  for  its  operation.  And  lastly,  because  a  measure  such  as 
this  is  indispcnable  to  the  successful  working  of  the  new  Colonial  Con- 
stitution. Opposition  to  the  bill  has  come  from  two  parties;  from  somo 
of  the  friends  and  from  the  enemies  of  the  present  government.  TliO 
former  oppose  it  on  two  grounds.  Some  desire  time  to  consult  their  con- 
stituents, and  in  reply  I  will  say  frankly  to  those  whose  good  opinion  I 
respect,  and  u[)on  whose  good  faith  I  know  that  every  roliuuoe  am  bo 
29* 


■;  ?  1^1 

m 

^  pf 

\f 

1 
t 

■ 

1-  :. 
,  ,1 

■1.1 


iUii'^: 


{:' 


342 


QUALIFICATION   BILL. 


iMn 


III 


't  yii 


m 


l>S  'i'l 


«P:^I.-|! 


It!'    lif 


■I  :m 


i'^t  .1 


placod,  (li;i(,  if  the  iiilrodiK'crs  of  llic  hill  were  standing;  in  a  (lifTeront  po- 
sition, they  would  not  have  llie  sli,L(iit('sl  lic^itation  in  yielding  the  desired 
delay.  I5iil  let  nie  ask  our  friends  (o  lran>fei',  lor  a  nionientjo  Fingland, 
the  scenes  whieh  ai'e  acting  liere.  Su|t|)ose  a  pnhlie  mcasui'c.  announced 
in  lh(!  ()uecn's  speech,  was  suhse(|ueinly  introduced  iiy  Sir  Kohert  I'eel, 
and  thai  a  inenilter  of  government,  who  had  never  ]>roteste<l  against  it 
at  the  Council  IJoai'd,  who  Iiad  held  a  place  in  the  ministry  for  a  fort- 
night after  its  amiouncement,  had  suildenly  left  iIk;  eahinet,  and 
attenijtted  to  throw  discredit  on  the  colleagnes  he  had  deserted,  and  to 
lead  nj)  an  opjtosition  not  to  thai  measure  only,  but  to  the  whole  policy 
of  the  government,  which,  for  two  years  before,  he  hail  approved.  Sup- 
pose also  that  till.',  gentleman  who  had  moved  the  address  in  answer  to 
the  speech  from  the  thi'oue,  in  which  that  measui'i;  was  propounded, 
Avitliout  (piestioning  its  utility;  who,  entrusted  by  the  members  of  the 
government  with  this  important  duty,  had  sanelioiied  and  allirmed  the 
general  i)olicy  they  proclaimed  —  suppose,  I  say,  sir,  that  such  a  person 
Lad  joined  the  receding  member  of  the  caltinet  in  lea(hngui»  a  swee})ing 
opposition  to  the  i>olicy  of  the  goveiMunent  which  the  one  had  sup- 
ported and  tin;  other  had  shared  from  the  ibi'ination  of  the  ministry 
down  even  to  the  moment  ol"  condenmation  ;  —  suppose  an  oppo- 
sition thus  formed  and  led,  to  start  up  suddenly  in  the  House  of 
Commons,  how  would  it  be  met  by  the'  friends  of  Sir  Robert  Peel? 
How  would  it  be  ti'eated  by  the  steady  sn|)porlers  of  thi'  government? 
Whether  they  desir"d  delay  or  not,  would  they  not  consider  it  their 
first  duty  to  show  that  they  had  the  sli-ength  and  the  spii'it  to  curb  and 
control  such  an  mmaliu'al  opposition  ?  Yes,  sir.  right  or  wrong,  they 
would  show  their  strength  and  union  first,  and  then  e.\.ei'cisc  tluar  ra- 
tional inlluence  in  modiiying  or  restraining  tin;  measures  of  the  govern- 
Bicnt  they  sustained.  Our  position  at  the  jiresent  moment  is  analagous 
to  that  which  I  have  described,  and  L  say  to  our  i'riends,  that  had  they 
met  that  opposition  as  it  deserved,  and  passed  the  bill  to  con;Miittee,  as 
they  might  have  done  by  a  triumphant  majority,  they  woidd  have  had 
the  game  in  their  own  h:mds,  and  could  have  dictated  to  the  government 
•while  they  held  the  opposition  at  bay.  They  might  liieii  have  a>ked  for 
delay,  and  every  member  of  the  govt,'rnment  would  ha\  e  acquiesced  in 
the  reasonableness  of  the  demand.  Ibit  the  ipiestion  of  delay  now  yields 
to  the  imi)ortant  issue  of  triumph  or  defeat.  It  is  merged  in  the  greater 
cpiestion, — -shall  an  o])position,  so  formed  and  led,  prevail  over  a  govern- 
ment whose  gi.'ueral  j)oliey  an  innuen.-e  majority  in  this  House  approve? 
Ko  man  respeets  more  highly  than  I  do  the  feelings  whieh  dictate  a 
proper  deference  to  the  opinions  of  the  constituents  who  are  to  be  the 


QUALIFICATION   BILL. 


343 


judges  of  our  piiltlic  conduct ;  l)ut  gcntlemeu  sIiouM  licar  in  iiiind  (liat 
we  arc  n'i)res(!ntativcs  and  not  dclogalc.-s  —  that  \\v  an;  Iicrc  not  only  to 
couj^ult  but  (o  determine,  and  to  exercise;  our  judgincut  iiidr|)(!nili'iuly 
and  fearlessly,  upon  every  (juestion  that  iiuiy  arise,  for  the  good  of  tlio 
whole  people,  who  do  not  ask  from  us  a  slavish  I'cfleelion  of  their 
opinions,  hut  the  fret."  exprc.'ssion  of  our  own.  The  admiral  who  goes  to 
sea  in  charge  of  a  tieet  has  responsiiiilities  to  a-snnie.  He  cannot,  when 
the  wind  springs  up  irom  an  iniexpecteil  ([uart<'r,  or  an  enemy  ap- 
proaches, return  to  port  ti)r  orders.  A  general  in  the  field  does  not  wait 
for  instructions  from  the  government  he  represe-nts  befor<3  every  battle 
which  involves  its  character  and  his  own;  and  a  representative  in  tlui  hall 
of  legislation  must,  in  lik(>  maimer,  assume,  every  day  and  every  hour, 
responsibilities  which  he  cannot  for  th<'.  moment  put  aside,  but  tor  which, 
like  the  high  olfieers  of  the  army  ami  navy,  he  may  be  ultimately  called 
to  account.  The  nobleman  at  the  head  of  this  government  often  has  to 
assume  weighty  responsil)ility,  and  to  do,  iu  Her  Majesty's  name,  acts 
which  Her  Majesty  may  not  approve.  Every  membei-  oi'  the  Council, 
(luring  the  long  recess,  is  also  bound  to  act  promptly,  and  at  tlie  peril  of 
public  character  and  position,  in  a  thousand  cases  whei'i;  he  caimot  con- 
sult you,  who  are  ultimately  to  be  Ids  judges.  Vt'hy,  then,  shoidd  you 
shrink  fi'onv  the  independent  discharge  of  your  duty?  Wiiy  lend 
Strength  to  the  real  enemies,  not  of  tlie  measure,  but  of  the  g(nermnent, 
by  seeking  delay?  1  believ"  that,  if  the  constitu<'ncy  were  consulted, 
what  was  said  by  (he  honorable  gentleman  from  Amherst  of  his,  would 
be  found  to  be  true  of  all.  Some,  he  says,  were  for  ihr,  bill,  souic  were 
against  it,  and  some  were  iudilVerent  to  it  altogether.  Why  that  indif- 
ference ?  Why  did  they  not  se(!  in  it  all  the  phantoms  v.hieh  have;  b(^en 
conjured  up  within  the  last  three;  daj's?  because  ihe  ])(,'ople  knew  that, 
of  the  ix  members  of  government  reeinircd  by  our  Coustitution  to  have 
scats  in  this  House,  at  least  four  would  ])robably  sit  for  places  where 
they  resided,  and  were  not  much  alarme<l  by  the  ])ro<pect  of  the  other 
two  throwing  themselves  upon  li..;  country  for  their  election.  lUit 
even  if  wc  wei-e  to  yield  the  re(piire<l  delay,  what  advantage  would 
you  gain?  What  constituency  can  be  so  well  prepared  to  di'cide;  as  the 
members  around  these  benches  are,  after  a  protracted  debate  has  drawn 
forth  almost  every  argument  for  and  against  the  measun;?  Another 
ground  of  op|)Osition  urged  against  the  bill  by  the  friends  of  the  govern- 
ment arises  from  the  apiirelumsion  that  it  will  increase  the  influence  of 
Halifax.  When  I  heard  this  objection  urged  by  the  honorable  gentle- 
man from  Londonderry,  I  felt  that,  even  if  there  was  a  remote  ])ossibility 
of  such  result,  he  was  the  last  person  who  would  have  suspected  me  of  any 


i 


■I  , 


b!  il 


,?i| 


4  I  i' 


t: 


n 


.-I 


L<  l| 


TL':    **s^ 


^^^H^H 


344 


QUALIFICATION   BILL. 


V     i-t 


i:  I 


)l;l 


mm 


M 


.'?! 


M1 


sudi  design.  Tli.'it  lionoralili'  ficiitli'mnn  woll  knows  (hat  but  a  fow  short 
years  a^(»,  Ilalil'ax.  had  not  oidy  u  nionoijoly  of  the  Kxeeutive  but  of 
mueh  h't!;islalive  power,  utterly  irrespeetivo  of  the  wishes  and  the  inHu- 
cnee  ol'  tlic  country.  Docs  not  the  honorable  gentleman  remember  the 
time  when  fveiy  niend)cr  of  the  lOxecutive  CV)nneil  but  one  resided  in 
Halifax;  when  the  whole  LcLi;islativc  C'oinicil  belonged  to  Halifax  also, 
and  did  not  even  permit  the  country  to  hear  the  sound  of  their  voices; 
and  when,  from  the  very  nature  of  the  system,  tending  to  a  peri)etuation 
and  consolidation  of  power,  an  immense  iiilluence  was  exercised  in  the 
lower  branch,  which  the  i)eople  possessed  no  means  to  control?  How 
strongly  does  the  aspect  of  affairs  at  this  moment  contrast  with  the  past? 
Now,  by  the  new  system,  at  least  lour  out  of  the  six  members  of  the 
Council  who  sit  in  this  House  will  probaftly  represent  country  constitu- 
encies, to  which  they  nni,-t  pay  due  j-espect.  Of  the  three  who  sit  in  the 
upper  House,  some  will  have  been  raised  and  trained  in,  and  have  strong 
symi)athies  with  the  interior.  But  the  great  boon  which  the  country  has 
accjuired  is  the  jjower  to  mould  and  influence  th(^  Executive  at  pleasure. 
The  honorable  gentleman  well  knows  that  as  Halifax  has  but  lour  mem- 
bers and  the  interior  forty-seven,  the  country  and  not  the  town  has  now 
the  real  power,  and  that  this  is  the  result  of  the  changes  for  which  we 
mutually  contended,  and  which  liave  been  wisely  introduced.  As  re- 
spects non-resident  representatives,  residing  in  Halifax,  there  are  but 
two  in  the  present  House  —  a  smaller  number  than  there  has  been  for 
a  series  of  years.  Of  what,  then,  is  the  honorable  gentleman  afraid? 
He  may  carry  his  mind  back  to  the  time  when  the  outport  were  closed, 
and  when  Halifax  possessed  a  monopoly  of  foreign  trade,  and  he  may 
find  among  those  who  helped  to  break  down  that  system,  the  representa- 
tives of  Halifax,  Avhom  he  now  accuses  of  wishing  to  exalt  the  metrop- 
olis at  the  expense  of  the  country.  No,  sir,  we  have  no  such  design. 
We  believe  that  this  bill  is  an  essential  part  of  the  system  we  have 
labored  to  establish,  and  therefore  it  is  that  we  stand  here  to  advocate  it 
upon  its  merits.  But  may  I  not  ask  the  honorable  gentleman  from  Lon- 
donderry who  were  the  men  who  oi)posed  the  changes  by  which  the 
country  has  attained  its  natm-al  influence  —  who  defended  and  protected 
this  Halifax  monopoly?  He  will  lind  them  in  the  two  iridividuals  by 
whom,  on  this  occasion,  he  happens  to  be  led,  and  who  oppose  this  bill 
because  they  see  clearly  enough  that  it  is  a  necessary  part  of  the  system 
which  they  have  always  oi)[)osed.  Su[)i)ose  this  bill  to  pass,  and  all  the 
evil  conscrpienccs  to  tlow  from  it  that  have  been  described,  could  the 
country  ever  be  placed  so  low  in  the  scale  of  influence,  by  ten  degrees, 
as  it  was  four  years  ago  ?     Ko,  sir ;  more  than  one-half  of  the  Legisla- 


QUALIFICATION  DILL. 


345 


tivc  Council  now  reside  in  the  coinitry,  and  if  some  of  tin'  nicinUcrs  do 
not  jitlcnd  to  llieii*  duties,  that  i<  uo  fault  eillier  of  the  peoph'  of  Halifax 
or  of  till!  government;  and  if  this  hill  pa.-ses,  wliile  every  eounlry  constit- 
uency will  iiave  an  indei)endent  right  of  selection,  ii  vote  of  the  repre- 
sentative branch  can  still,  at  any  time,  comixd  the  memhci's  of  the  gov- 
ernment to  throw  them<elves  upon  the  judgment  of  th(^  country.  Sir, 
whatever  others  may  have  said  or  may  say.  f  am  not  one  of  iho-^o  who 
wish  to  eslal)lish  here  only  the  domestic  part  ol'the  JJrilish  Constitution. 
I  seek  it  wilh  all  the  checks  and  guards  which  are  neces-ary  to  its  safe 
and  practical  working,  giving  to  the  people  all  inlluence  and  control, 
and  to  the'  Kxeeutive  all  the  faciiitit's  which  e\p(M'ieiice  has  ,-hown  to  bc 
necessary  to  tlu;  Iienefleial  ex(;rci-e  of  executive  authority.  AVhen  new 
and  invaluable  princi[des  have  been  yielded  to  lln'  Colonies,  by  the 
crown  —  when  both  the  great  parties  in  J^ugland  have  lent  us  their 
sanction  and  assistance  to  e.-lal»li-h  a  sy .>len\  of  self-government,  working 
by  representative  institutions,  ,-hall  it  be  said  of  us  that  we  are  unwilling 
to  receive  this  great  lioon  in  a  proper  spii-jt,  or  that  w(;  shriidv  from  the 
perfection  of  what  has  been  so  well  begun?  Shall  it  be  said  of  us  that 
we  have  contended  for  the  right  of  coiiiiemnation,  but  have  denied  to  the 
accused  the  right  to  appeal  from  limited  numbers  and  local  restrictions — ■ 
that  we  subject  i)ublic  men  to  respon<iliility,  yet  forbid  tiiem  to  throw 
themselves  on  the  country?  The  honorable  gentleman  from  the  county 
of  Hants  has  admitted  that  this  bill  will  Ik'  earlv  acteil  on.  lie  is  ri"rht : 
and  if  he  is,  there  is  not  the  danger  in  it  that  gentlemen  apprehend. 
But  though  it  may  only  apply  to  one  or  two  cases  in  each  general  elec- 
tion, it  will  be  useful  in  all  time  to  come,  to  all  parties,  —  to  th(.'  opposition 
as  Avell  as  to  the  government,  —  giving  to  pulilic  men  greater  security  and 
to  the  people  a  wide  rangi;  of  selection.  It  has  been  sugge.-ted  that  the 
qualification  of  non-resident  candidates  >hould  be  raised.  To  that  I  have 
no  objection;  but  gentlemen  will  perceive  that  that  is  a  detail  to  be  dis- 
cussed in  committee,  and  that  we  are  now  only  called  upon  to  sanction 
the  general  princii)le  of  the  bill.  It  has  Iteeii  said  that  strictly  local 
representation  is  indispensible  because  local  information  is  re([uir('d,  but 
by  a  rule  of  the  other  branch,  no  local  bill  is  allowed  to  pass  which  has 
not  been  read  at  the  sessions  of  the  county  from  which  it  emanates;  and, 
oven  if  this  were  not  the  case,  as  each  county  will  semi  in  one,  two,  or 


three  resident  members,  with  each  non-resident,  there 


never  can  be  any 


want  of  local  information.     The  learned  Speaker  of  the  House  and  the 


learned  Solicitor  General  are  non-resident  members,  but  have  thcv  not 

taken  much  pains  to  ascertain  the  w; 

sent,  and  do  not  their  colleagues  bring  with  them  all  the  intbrination 


ants  and  wishes  of  those  they  repre- 


"ifi 


'lilt' 


i:i^ 
(.,, 


i                     ; 

I 

r  ' 

'         i 

i  ; 

:\  y} 

'.;1 

L 

m 

^ 

t^ 


;4G 


nlioiil 


QUALIFICATION   lilLL. 


ni:u 


IIIKI 


l.ri.l. 


:iiii 


1    oil 


iri-  (■(iiiiilrv  iiili'i'(\-(s  dial  is  iicccssai'v  to 


Avisf  and  sati.-l'actory  I<'i,M>lati(iii  ^     How  easy,  in  tlic  majority  (•!' cases, 
is  this  local  iiilornialioM  to  ])c  nliiaiiicil.     'I'l'Mnt,  Onslow,  and  London- 


derry, t'or  t'\a 


nnile,  torni  oni' 


-In 


•I  ;  llii'ic  IS  scarcely  a  man  in  one  lown- 


iip   liiat 


not    know  cxcrN'  man    in    llie   oilier,  and    eyery  roai 


I  and 


LridLTc  niion  wliidi  llicy  lra\el.  Why  should  nol  a  man  liyjii^-  in  eilher 
ol'  tlio-c  jilaces,  liaye  the  ri,!_dit  il'  the  |ieoj)|e  are  .-ali.-licd,  to  npre-ent 
the  other?  AViiid-or,  and  l''almoiilli.  an;  on  oii]io>ile  sides  of  a  river  ; 
not  only  do  ihe  trceholders  know  each  other,  Iml  excry  man  knows  e\('ii 
the  hor>e  which  his  nei;;iiI)or  rides;  and  shall  it  he  said  that  if  ;i 
man  liyiiiLi;  on  one  side  re|irescnls  the  oilier  there  will  he  any  want  of 
local  intormaiion  ?  ComiiiL'  to  Halifax,  what  do  xve  find?  A  man  liyiiig 
on  the  market  wharf,  willi  lillle  inlelli^eiice  and  a  forty  shillini;  freehold, 
may  olli'r  in  the  capital ;  Iml  a  per-on  of  the  highest  allainmeiils,  and 
Ayorth  .i'IO,(H>0,  is  cxiduded  if  he  re-ides  on  ihe  opposite  >ide  of  thehar- 
l)or.  Is  ihal  a  sy.-tem  which  should  conlimie?  Il  has  hcen  said  thai  hy 
the  corporation  act  \ye  conline  ihe  Aldermen  to  a  properly  (|nalilication 
in  the  dillerent  wards.  'J'he  reason  is  clear.  They  are  called  upon  to 
act  as  magislrales,  and  residence  is  essential  to  secun^  jiroper  dislrihn- 
tion ;  hut  niemhers  who  come  here  to  Icgi-late  will  leaye  magi.-trates 
euongh  to  keep  the  peace  hehind  them. 

The  honoralile  memher  for  ( iitysli(U'oniih  is  appndiensiye  that  a  bill 
to  enable  members  to  yacate  their  seals  Avill  tollow,  and  that  corrupt  rc- 
.signations  will  ho  the  coii>e([nence.  Of  course,  gentlemen  will  resign 
if  there  is  good  rea>on  for  their  m)  doing:  but  then'  is  no  reason  to  su})- 
pose  that  g<'nllemen  \yill  not  haye  the  same  de-ire  to  resist  any  improper 
temptations  that  they  now  haye  to  ayoiil  any  action  which  wonld  ap[)OiU' 
disreputable  or  would  enlail  disgrace.  Suppose  members  were  allowed 
to  resign  ?  ILne  tlu-y  not  that  jiriyilege  in  Kngland  ?  "TheChiltern 
Ilimdreds"  are  neyor  refn>cd  to  any  niemhei',  \yhelher  he  snpporL  the 
goyernnKMit  or  btdongs  lo  the  raid\s  of  oppo-ition.  Sncli  a  proyision  is 
much  re([iiiivil  here.  On  aceepling  th(>  ollice  I  hold,  I  \yonld  gladly  haye 
gone  bai'k  lo  my  con-titneiils.  but,  under  our  law,  nothing  yacates  a  sent 
but  an  ab-'aice  oi"  two  years  Irom  Legislatiye  duties.  A  man  may  ab- 
t;ent  himself  fir  a  year.  Iml  the  constituency  cannot  iTsent  it.  lie  may 
liaye  the  sirongot  niotiyes  to  n'lire,  and  yet  has  not  the  |)rivilege.  Is 
this  \yise?  Is  it  Knglish?  I  think  not;  and  I  helieye  that  .-uch  an  im- 
proyement  of  our  law  would  be  a  ndief  to  members  and  beneticial  to  the 
interests  of  the  j)eople.  My  honorable  and  learned  friend  from  Sydney 
[Mr.  Henry]  seemeil  to  think  that  the  goyernment  ha<l  (h'parted  from  a 
rule  they  had  laid  down  in  regard  to  the  mode  in  which  local  appoint- 


QUALIFICATION   RILL. 


347 


I  :'  I 


irsigu 

lo  siip- 

iipropcr 

allowed 
lilt  era 
)rl  the 
ision  is 
y  have 
I  seat 
nay  ab- 
le may- 
Is 
in  1111- 
1  to  the 
Sydney 
iVoin  a 
ap[»c)int- 


.'ge. 


nient-^  wei'e  lo  l)e  made.  One  word  of  <'\|ilaiiatioii  on  ihi^  |ii>iiit.  The 
coveriiinent  never  did  adinil  thai  Ihf  rcciuninciidaliun  of  i^jinilciiHii  hi'i'i' 
slionld  in  all  ca-t's  lie  lollowrd.  'riicy  could  not  tiiiH  ^iirnndri-  tiic  ri-jlit, 
of  Her  Majesty's  rc^presentalivc  to  inakc  all  a|i|ioinlnn'nl-.  'i'iny  arc  at 
all  times  happy  (o   receive   the   siiu^'jc-lioiw  ol'  L'ciillcnicii   enjoyiiiir  the 

conlideiiec  of  jariri n^lilneiicies.  and   place  much  reliance  on  the  value 

of  their  local  inrorinalioii.  In  many  ca>es  their  reconimeiidalioiis  arc 
followed,  hilt  when  any  rea-oii,  either  of  local  inlere-t  or  L'liieral  policy 
iiilerleres,  the  L'^overiimeiil  of  cour-e  are  lioniid  to  tahe  the  re>ponsihilily 
of  independent  action.  My  honoralde  friend  from  the  coimty  of  Sydney 
[ATr.  Forre<tallj,  Avill  not  he  moved  hy  any  thinj:  I  may  -ay  in  favor  of 
this  hill  if  he  has  not  I)een  already  convinced  hy  the  manly  rea-oniii;^ 
of  his  l)rothcr.  I  am  .-orry.  sir,  Ihal  on  this  occa-ion  they  are 
not  more  nearly  allieil  in  sentiment.  My  lionoral)le  I'riend  i^  fond  of 
classic  allusion,  and  I  may  tell  him  thai  I  rcLn'cl  they  are  not  more  like 
D.Minoii  and  I'ythia-.  or  Ca-tor  and  I'olhix;  or,  if  he  will  lake  a  scriptural 
illiislralion,  miitcd  in  dehate  like  David  and  doiiathan,  and  in  their  voles 
''not  divifled."  "T  is  lucky  they  were  not  twin-,  for  i  far  they  would 
have  (|uarrelle(l  hefore  they  were  Iioin  ;  hut  if  they  were  the  Siamese 
twins,  I  ihink  we  shoiihl  ha\e  the  he-l  of  it,  for  my  learned  friend  who 
is  with  us  heinui;  the  slrouL''e<l,  there  would  he  some  chance  oi\ire||in,if  two 
votes  instead  of  one.  My  honorahle  frieml  ohserved  ihat  there  was  notli- 
iiiLC  in  Lord  .lolin  lliisscll's  di-|)atch  ahout  lln' hill.  The  reason  is  ohvioiis. 
It  prohahly  never  enterecl  into  that  nohleuian's  head  ihal  we  had  any 
oth<'r  than  Ihi;  MiiLdish  system  ;  hut  it'  it  had,  my  honorahle  friend  will 
at  once  perceive  that  there  were  a  lhon<and  thini^rs  necessary  lo  Ix;  said 
and  done  lo  carry  out  the  general  principles  of  Lord  .Fohn  IJussidl  which 
could  not  he  erowde(l  into  a  short  di.-pali'h.  ]\Iy  honorai)le  friend  ro 
forred  to  Homer  for  a  warning;  illiislralion.  The  true  value  of  liie  clas-ics 
is  not  nier(dy  to  i-eline  llie  la-le  and  eullivale  a  felicity  of  exjyression, 
but  lo  furnish  rules  of  action  in  tryinif  and  dilficull  situations.  Now,  I 
vill  put  it  to  my  honorable  I'riend,  if  he  were  in  the  fudd  of  Troy  at  a 
moment  when  hostilities  were  about  to  eommenee,  if  the  (Ireeks  were 
drawn  up  on  one  side  and  the  Trojans  on  iIk;  other,  whethei'  l:e  would 
abandon  his  old  companions  in  arms  Ibr  some  trifling  differ. 'iices  of  opin- 
ion, and  throw  hims(df  into  the  enemy's  ranks  because,  Ik;  had  some 
scruples  as  to  the  mode  of  conducting  IIk;  war?  He  would  not  do  this 
in  the  field!  —  wjiy  should  he  in  the  Legislature  ?  ^ly  lionorable  friend 
told  us  of  the  wooden  horse  of  Homer.  He  will  pardon  me  fin*  remind- 
ing biin  of  Mazcppa's  wild  hors(>,  which  was  one  of  flesh  and  blood. 
My  lionorable  friend  Las  one  of  the  best  hearts  in  the  world,  and  aa 


'IH 


■iV 


-W' 

w;r,.    , 

W' 

St;  ji^ij 


V:  .  ;    j 


■'!;;»  I 


i     li  '• 


:       I* 


IS 


(.•r\i,n'i<ATi(t\  itn.i, 


('M'cllriil  |ihl'jiiiiiil.  lull  iiiiltiiliiii;ilrlv  ><•  iniu'li  Iiii:i,:^Iii;it imi.  thai  cxcry 
now  ami  llirii  lii-  iucl'jmciil  uri-  iMDiinli'd  nri  lii-<  iiiia'.''marKiii.  ami  away 
it  llii'<  liki'  .Ma/.('|t|pa  ami  hi-  Imf^c  — >larliii^  at  cmtn  nlijccl  in  I hr  path  — 
IioMiidiiiLr  <>\('i°  till'  (Ircarv  wihN  ol'  ilniiil  and  a|)|)i'('lit'ii^iiiti. 

It  now  liccnnirs  \\\\  duly  to  a|i|ii'oai'li  tin*  ai°;^iiniciils  dl'  a  dit1ri-riit  class 
o\'  o|)|ioiiciit-.  llio-c  w  ho  not  only  o|i|>o-('  this  hill  I  mi  I  mi'c  I  lie  asownl  cnc- 


IlHi's  ol   till'  Vo\  I'llllllrlll  111   W  lilr 


am  a  imaiiiu'r.     In  dcaliii''  u  iili  lln'-t 


ill  iT\  irw  inir  ihi'  I'M  laordinary  .-|M'i'rli('>  which  ha\c  luin  iiiadi'  liri'c 
Avithiii  till'  la-l  two  day-.  I  may  hi'  |)i'rmittrd  In  oh>rf\('  that,  liii"  soiiK^ 
time,  many  w  ho  \vi>licd  well  lo  ihr  [irc-i'iil  l'o\ cnmicnl,  who  ri'-;|i('ci('d  ils 
c'liai'acli'i'  and  admirrd  the  jiolicy  ol'  the  nolilcman  at  it>  head,  have  had 
fort'liodiii'i-;  thai  llir  |iri'-iiit  admini~liation  had  ^omc  ^n|)|torli'rs  who  wen- 
Vor-c  ihan  upi'ii  ciii'iiiic- ;  llial  tlnii'  wrrc  -omc  who  cluiii;  around  it,  not 
lo  I'acililati'  il>  |irou'r''--.  Inil  to  >tay  its  onward  inarch  ;  muiic  who  cilhcr 
liopcd  that  Loi'd  {"'alUland  wa-  not  in  carnr-l  or  did  not  know  wlial  Ik* 
was  alioiit  ;  and  others  who  ••laid  the  llalteriiiji  nnctioii  to  iheir  sonis  " 
that  he  mi'^lit  he  mi>ied  hy  tho-e  wlm  came  in  the  Lrnise  of  rrieiids  more: 
ra-ily  than  he  cnuld  I>e  derealcil  hy  a\oweil  o|i|iositii)n  to  his  views. 
Shrewd  liaxe  hccn  the  -n-|iicioiH.  and  tin'  conrse  ol'  this  dehale  prose 
(hat  they  were  well  rounded,  that  there  were  some  who  were  not  iinwil- 
liiiLT  to  .-liaie  the  inlliieiice  and  di--|ieiise  the  palrona,i;e  nl'  the  !.roverinnen(, 
while  M'crelly  they  di>likeil  its  principles,  and  never  lo-l  an  opportiinily 
to  weaken  and  imdeiinine  it.  rieroie  Inrniiii:  to  tlie.-e  I  ha\e  a  word  or 
two  lo  sav  to  an  opponent  of  a  dilli'reiit  description.  'I'he  hoiioralde 
•gentleman  I'roni  I'icton.  i  mn^t  confess,  is  a  dilli'i'i'iit  style  nl'  man.  IIo 
lias  alwavs  oi)po-cil  what  he  calN  ••  re>pon-ihli'  ;j!;overimu'nt  "  steadily  ami 
0]>enly.     (^t'  him  I  will  >ay  that,  if  the  olden  limes  were  lo  return  iii;aiii 


ill  which  men  met  hv  the  I 


iill"iili'  to  (jetermine  (htlereiices  ol  opinion  liy 


1) 


the  >W(iril.  there  is  none  with  whom  I  would  >oonei^  cross  a  hlade  hy  day, 
and  lie  down  on  the  healher  iic-ide  a!  iiiLrht  scciire  from  treachery  or  .-iir- 
pri>e.  And  >iiie  I  am  that  it',  when  oiir  stril'e  was  over,  wo  had  taken  ser- 
vice under  the  same  leader  he  would  lia\  t'  acted  I'airly  tliroii^ihoiit  the  war, 
and  w hen  he  i[uitli'd  the  >, imp.  would  atteiiqit  to  cast  no  slain  on  the 
c'liiel'iain  who  led  him.  nor  on  the  man  who  had  I'oiiiiht  hy  his  side.  So 
imich  tiir  llie  honoral)l(>  Lri'iilleman's  character;  now  lor  his  ar_miineiits. 
lie  says  thai  al  the  opcninjj;  ol'  this  del)at(>  I  failed  to  eonviiioe  him.  It 
would  lie  a  mailer  of  .-iirprise  indeed,  sir,  if  I  had,  for  I  may  plead  guilty 
to  never  having!;  convinced  him  of  any  iliinii  in  the  whole  course  of  our 
Legislative  experii'iie**.  Nay,  if  I  eoiild  even  speak  that  rich  and  jiic- 
luresqiie  langnago  which  he  claims  as  his  mother  toniruo  :  if  1  slioiilcl 
even  talk  to  him  in  Cuvlio,  my  aooonts  would  i'all  on  a  most  unwilling 


ill 


QUAUnCATION   IllM.. 


.Tit) 


I     :       t 


I  rvrry 
III  iiwiiy 
•  palli  — 

(lit  cla-^s 

\  I'll  CIK'- 
lll  Illl'-C, 

iilc  lien' 
fur  sdiiic. 

iCCtcil  it.-i 
iiivi-  liiid 
vlio  WlTll 
ml  il,  not 
lid  ciliicr 
wliMt  lur 
V  souls 
ids   more 
lis  virus, 
itf   iirovi' 
III  iiiiwil- 
(•riiinciil, 
port  unity 
wonl  or 
iiionililc 
111.     lie 
lily  ami 
vn  M^aiii 
iiiioM  liy 
•  liy  day, 
V  of  ^iir- 
ikcii  scr- 
tlic  war. 
1    oil   the 
idc.     So 
iuincuts. 
Iiiin.     It 
id  izuilty 
sc  of  oiii" 
and  \)k- 
l  slioiild 
unwilling 


ai 


«'ar.  Tlic  lioiioialilc  ;^ciitlfiiian  lioasis  lliat  lir  lias  (i|>|Miscd  r\i  ry  inras- 
UIT  liioii',dil  down  liy  tin-  |in'>fnl  ;^'ov('niiiiiiii.  I  am  -oiiy  llir  it,  Imi  I 
am  not  willioiit  consolalion,  a'^  almost  every  one  lia>  met  willi  tiie  dejih. 
erate  a|)|iroval  ol'  lliis  Asseniliiy.  Tlie  iKnini-alde  ;,rentleman  Inrn-  liaek 
to  till'  oldi'ii  time,  and  is  a|i|)relieii-ive  ilial  tliis  liiH  will  uoik  -omh'  ivil 
Id  the  ile-eeiidants  of  woi'lliy  old  ;i;eiillemeii  wlio  lived  twenty  yearn 
a^o.  lie  eoniuied  lip  lieHile  n^  llie  -liades  of  tlie  'departed,  ulio  Were, 
•oteiiipdiaiies  df  my  father;  men  <•!'  ;.'dod  hearts  ninl  niiieli  expi  rieiice, 
n^et'iil  in  their  day  and  ;^ineratidii.  and  every  way  eiiiiileil  |n  n-pert. 
Iiiit  vvlial  does  this  pnive?  They  are  t.'(>ne;  their  >y>leni  has  'june  with 
lliein,  and  yoii  can  rni  mor<' recall  it  than  von  can  hrin;.'  lliem  hack  rean- 
imated frdin  the  lonih.  The  hoiioralde  jjentleman  .~ay.-^tlial  they  encletl 
the  Province  Miiildini^.  They  did  sir,  and  il  is  a  j,'reat  liuil(liii;j,  luil  it 
miulit  have  heeii  a  heller  one;  iliey  reared  il  ill  .'ill  its  splendor,  anil 
lived  in  it  in  threat  stale,  like  "  L'eiitlemin  i.f  the  olden  time."  They 
occupied  the  tlat  helow,  and  laiii^hed  al  aii<l  delicd  lo  their  teeth  succes- 
sive lloii-es  of  A>>enilily.  There  was  no  re-poii.-ihle  jiovernment  in 
those  days.  '|'he  hoiioralile  i;ciitlem;iii  has  I)oa>ted  ol'  one  of  their  j^reat 
vvdiks  ;  there  is  anoiher  which  dii'.dil  not  In  have  escaped  hi-  memory, 
'i'hey  elevaleil  ihe  I'roviiicial  characler  liy  that  .~tiipeiiddiis  niid  vei'y 
siicces-fiil  achievement,  the  Shiilienacadii'  ('anal.  That,  .--ir,  is  not  the 
only  instance  that  miudit  he  addiiceil  Id  prove  lh;it,  with  all  the  virtues 
of  these  men,  llii'y  were  llahle  to  mistakes,  and  cdiild  at  tliiie^  make 
ducks  and  drakes  df  the  piildic  money.  Uiil,  sir,  we  caiiiidt  revive  the 
past.  ^\f  caiiiidt  iro  hack  as  tlie  hoiioralile  t:ciitleman  wishes  ;  and  hi; 
iiiiuht  as  well  altempt  to  ,i:et  the  men  oi'  tin  pre-enl.  day  to  wear  IIk; 
oostmiie  of  llie  last  half  ceiiliiry  as  to  revive  the  >y>tiiii  df  ^dVernmeiiL 
adopted  in  an  earlier  aii;e.  I  mii^lil  turn  the  hoiioralile  ;^eiitleman  lo  the 
ancient  Wdrlhles  of  his  own  coiiiilry.  I'Iii^^mI  and  llriice  were  Mi-eni  men 
in  their  day,  and  the  fame  of  Sir  William  Wallace  i>  at  lea.-t  eijiml  to  ihat 
of  his  namesake  who.-e  niemory  he  venerates;  hiil  aItlioilj.di  I  read  of 
these  ^reat  men  and  admire  them  as  much  as  my  honoialde  friend,  their 
mode  of  administratidii  would  not  he  iiidre  inapplicahle  to  modern  Scot- 
land, than  that  of  old  Mv.  AVallace  and  Mr.  .AIorri>  would  be  to  Nova 
Scotia  at  llie])rese!il  day.  iS'evv  systems  ^row  ii|>  with  new  eircniustances, 
and  p'lierale  new  ideas;  and  the  mother  cdimtry  has,  under  the  princi[)l(;.s 
which  we  are  endeavoring  to  apply,  without  lo.-ing  lic'r  veneration  lor  those 
who  lived  before  they  were  develo[)ed,  become  tli(i  wonder  of  tlio  world. 
Till!  colleague  of  my  honorable  friend —  1  mean  the  leiinied  member 
for  IMctoii  —  favored  the  House  with  some  observations  last  evening; 
but  altliougli  my  memory  is  pretty  good,  I  cannot  remember  any  thing 
30 


.)i| 


;*    I 


:    ■<: 


:  m 


n 


i^^jft 


p  ■  1 


H- 


W'^ 


U»   II     !l 


■  J  ■  i 


(■■■ 


1'!     fcS  ] 


350 


Ql'ALirUATION'    HILL. 


he  said,  mid  llicnCiiri'  cniiclinl.'  Iir  did  imi  >ny  any  lliin;:;  llmt  wns  wortli 
rcmciulx'riii;!.  Tlii-  Imiinralpli'  iminlur  iVdiii  ( iiiy.>.l)iiitiiij:li  avsiircd  in 
that  III'  WM-*  iml  n|i|i(i«<d  In  iIh'  ^inMiiimnii.  I  Know  iidt  nliy  lie  >IiiiiiI(l 
1)1'.  I  lake  il  I'nr  ^rranh'd  ilial  tin-  limioralili'  jj;i'iitli'iiiaii  knew  what 
hi-  wa-i  aliiiiit  ill  time-  |ta»l.  and  (••■ilaiii  I  am  that  diiriii;^  several  ynwA 
lie  Vdted  I'nr  re-.poii'.ilde  ;:ii\  cnimrni  over  and  i(\  er  aujaiii,  and  a,::aiii<t 
Sir  Ciiliii  ('am|il»eil.  hecaii-c  lie  wmild  nut  put  the  sy-lem  \vr  are  now 
nilmiiii'leriiii,'  into  n|ieialinii.  I'eilia|»<  my  learned  IVieiid  Iia>  enme  (o 
the  eonelii-iiMi  that  In'  ha-^  dmii'  eni>iiL.di  in  one  direcinn,  and  now  wi-he'l 
to  Inrn  Iiaek  to  the  |ii)ini  iVum  whence  he  .>tai'led  ;  that  liavini^  dniic 
some  j:i)iid.  he  may  .-alily  lin  a  little  evil.  Whatever  may  he  the  eaiisc, 
I  inii>t  I'onfe^.s  ol'  late,  he  can  never  (inite  make  n|)  his  miiul  to  ;ii\e  (ho 
government  a  vole,  altli<>ii;;li  he  is  always  nady^to  vote  against  it.  IIo 
fays  ihat  this  hill  \va-  lannhed  at  when  lir.-l  introilnced.  What  then? 
IMaiiy  ;4ii(ii|  lhin;:s  have  lieeii  l;iii,i;lied  at  helin'c  now,  and  aiiKHij^  others 
the  great  (!iiy.>l)oi'oiii:h  road.  When  that  learned  gentleman  and  I  first 
iutntdiiced  to  th<'  lloii-e  ihe  |iio|)o-iti()n  to  make  that  iiolile  highway, 
■We  were  nict  with  .-iieers  from  every  .vide.  1'miI  We  persevered,  and  in 
il  i'evv  year-,  that  vahiaMe  pnhlie  improvement  will  lie  completed,  aiul 
stand  a  peimaneiit  pinol'ihal  tlm-e  may  he  mistaken  who  smih'  at  what 
they  do  not  midcrstaiid.  'I'he  Ilalilax  Incorporation  liill  was  laughed  ut, 
inmioderalcly  once;  hill  now  ii  is  rccogni/ed  as  a  good  measure  hy  fivo- 
sixlhs  of  the  population.  Atlantic  -le;iiiiers  were  laughed  at  ;  yit  they 
cross  the  Atlantic  with  the  r("j,iilai'ily  of  a  coach,  das  was  als(»  laughed 
Jit;  and  yet  now  it  excites  no  >iirpri<e.  hiit  enahles  my  learned  friend  to 
lind  his  way  home  after  dinner,  although  I  cannot  throw  light  enough 
into  this  dehatt!  to  enahle  him  to  see  hi-  way  clearly  to  vote  for  the  hill. 
The  learned  gentleman.  I  lliliik.  lay-  too  miicii  stress  upon  con-iilting 
his  constituents.  It  hi-  \iew-are  lo  pi-evail,  the  (ioveriior  ,-hoiild  lie 
advi.-ed  to  make  his  .-jieecii  in  tli<'  dog  days:  .-iihniit  lii>  measures  in  the 
nulumn;  and  then  nii'inhers  would  have  ample  lime  for  eonsnltatloii, 
and  he  prepared  to  vole  in  the  winter.  'I'iie  learned  gentleman  admits 
that  there  is  no  great  harm  in  the  liill.  hiil  then  "he  sf.'i.'s  suinethiiig 
behind  tlie  curtain."     lie  is  nearly  as  keen  sighted  as  an  oM  friend,  of 

mine,  who  used   frequently  to  ejaculate,"  I  ,-ei 1  -ee,"  ami  whenever 

he  said  that,  you  might  he  (piite  sure  he  saw  not  an  inch  beyond  his 
nose.  The  learneil  gentleman,  who  asked  for  a  year's  delay,  knows 
pretty  well  that  the  Ui-iiish  Parliament  are  constantly  called  u[ion  to  deal 
promptly  with  iiiie-tlons  of  ihc  greale-t  magnitude.  Previous  to  the 
meeting  of  the  last  Parliament  how  few  really  understood  the  linancial 
plans  of  Sir  Kobcrt  Peel.     These  could  not  be  disclosed  till  the  meeting 


^lyia:*^;    . 


[\s  worlli 
siinil  in 

(•   sll(llll(l 

•\v  what 
I'al  years 
a;j;aiii-t 
art'  iu>\v 
;  roinc  to 
w-  wi-ln.'.s 
iii^  (lone 

lie  caiiso, 
;ii\i'  lllC 

I  it.  Ho 
lal  then? 
ng  otlu'M 
lul  I  I'lt'st 
liiirliway, 
'il,  ami  in 
li'lcil,  ami 
(•  al  uliat 
lUiirliiMl  at 
l.y  livo- 
,-«t  tlii'y 
liiiigln'il 
riciid  to 
cnotiLrli 
ilir  Mil. 
ii-ulliiii; 
oiiM  l»o  ' 

ill  tlif 
iillatloii, 
uluiits 
MU'tliing 
rii'ml  of 
Iieiicvcr 
oixl  his 
V,  knows 
1  to  ileal 

■;   to  the 
linancial 


QUALIFICATION   niLL. 


Sfjl 


nieeinig 


of  Parliaiiieiil,  IieemiM-   lliey  eiri'eici!    ten    thou.^aml   ditVerent   interests; 

lull  llir  lllini~le|-  Weill  lloWII  In  llie  llnll'-e,  >llllinitttMl  his  >lMle|||('nl, 
l<nni;;lil   III  liills,  ami  the  mainrily  that    ,'ll|i|inileil  hi>  goveriiineiit   eailieil 

them  ii'iiiiii|iliaiiily  ihroiiuh.  Miit  I'aney  wiial  would  jia\e  lieeii  hi>  >iii-- 
|iri  e  il'  Iiis  liieiid-  had  -aid,  "  There  i<  a  great  re-|)(iii-iliilily  re-liiig  mi 
11-:  line  is  I'Diiietliiiig  thai  nin'  enii-liliietit-  do  iioi  iiiide|--laiiil  ;  allow 
the  whole  to  lie  oscr  i'oi"  a  year,  and  when  it  -hall  have  heni  discussed 
ill  I'Seiy  pari  of  llie  hin^doiii.  we  will  eoiiie  liaelv  and  lie||i  lo  carry  il 
dill."'  Such  a  coiir-e  a-  thal,.-ir,  would  ha\i'  -haltered  Sir  IJoliert  I'c  i Ts 
^fovcniiiii'iit  ill  a  week  ! 

'I'he   liollorahle    gelillelliail  froai    (^>lleell's   (.Mr..!.   I{.   DeWoll'e),  caught 
al  an  e.\|tressioii  which   till   from   oiir   ol'  ihe  aihocates  of  the  liill,  and 
argue- that  if  it  give-    -lieiiL'lh   to   ihe  goNcrnineni,  ii    niii-l    tak<'    in   an 
('({iial   proportion  liherly  t'roiii   ilic   |>iop|>'.      liiu  doc-,   noi    the   honora- 
liic  geiiilcman    perceive    that   the   -iron^vr  you   make   your    Ivxeciitivo 
under  the   present   sy .-teiii,  the   more   power  3011   give   the  people  wli(»s»! 
high  privilege  il  is  lo  guide   and   control    il.      I'lidertheold    regime  the, 
(Jovornor  was   a   mere  puppet  —  the  jicoplr  po-,-c--i'd   110   cll(cii\  e  con- 
trol.    The    ollicials    who    could    not    lie    di-placed    hy    either,    held    and 
t'litailcd   their  ollii'cs   in    -pile   of  lioili,  and   monopolized   all  the  power. 
Umh'r  the   pre-eiit  sy-|em,  ihe   p'o[ile  and   the   (iovernor  have   inoro 
puwor — the  ollicials  li'.-,-.     The  hoiiorahle  gentleiiian  is  niislakei!  when 
lie  asserts  that  the  reformers  laliored  to  con\  iiice  the  country  thai  piihlic, 
ollicers  should  not  sit  in  the  Legi-latiire.     'I'lie  rejtirmers  never  olijected 
to  a  limited  ntimher  of  the  higher  fiiiiciionarie-  holding  seats  in  the  Legis- 
lature, dependent    upon   piihlic  o[)iiiioii.      \\'lial    they  (/ii/  ohject  to  was, 
placing  such  persons  for  lill'  in  the  Legi-Ialive  Council,  independent  of  all 
control.     The    ivfoi'iiiers  well   know,  and   ihe   -upporters  of  the  pre-ent 
•  govcrninont  feel  now,  that  having  the  head-  of  depart meiil-  in  1  hi-  lloiisi; 
gives  the  people  an  inllueiici'  over  them,  to  l.e  aeipiireil  in  no  other  way. 
Take  my  own  ca-e  a-  ar.   illii-tration.     The  worlliy  old  gentleman  who 
preceded  me    in   the  e\ci-e    otlice,    lii'Id  hi-    place   i'or  lilt'.      I'lilil   the 
arrival  liere  of  the   di,-patch   -o  ot'teii    alluded   lo,  the    (Joveriior   could 
not  operate  upon    him  —  a  vote    of  this  lloii-e  could    not   displac<'  him. 
]jut  I  stand  in  a  very  ditl'ereiit   po-ili'ii.      I  acci|)ic(l  ihr   ollice   hecausc 
I  believed   that    1   could  serve  the    (io\crnmeiit    and   retain    the   coiili- 
douce  of  the  jieoplc ;  hut  I  accepted   il  with  the  iciior  and   -piril  of  the 
di.-itatch   before   my  vyr:^,  and   with  the   coiivictiou,  that,  as   that  docii- 
iiu  lit  would  have  been  no  more   than  wa-te  |iapi'r  if  running  eounler  to 
the  great  stream  of  Colonial   feeling  —  emliodying  as   it  does,  the  >oher 
judgment  of  Dritish  America,  it   was  an   in.-trunient  which  no  iiii\ule 


I    ' 


Ji 


•  t 


li  .  I 


ss^sssssssrz- 


I  Ml 


»!      !    1.1 


li'l 


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■U^'m 


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lllr' 


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I'Ui  •'''' 


It 


u 


Ifl  ':; 


li!  I. 


352 


QUALIFICATION  BILL. 


iiil('rc>ts  .•should  b(;  ;illo\v('(l  to  violate.  My  oiricc  then,  is  at  the  disposal 
oi'  His  Kxcrllciicy,  not  only  wiicii  1  iui>coii(lii('t  it,  Imt  wlicn  any  rrasou 
of  state  rt'(iiiires  that  it  .-lioiiKl  be  yicMcd  into  liis  liand-.  JJnt  yet  1 
liold  it  liy  a  nnlder  tcniin'  llian  mere  lOxcciitivc  cajii'ice,  liy  the  eoiifi- 
denee  and  snpixn't  ol'  this  Assembly.  AVhile  I  rciain  tlial  coMlidcnec 
there  is  little  danger  of  my  beii\g  disphu'rd;  when  1  lose  il,  my  oiliee 
.should  go  widi  il  to  enal)le  ihc  government  to  si'cnre  the  .-crviees  of  ii 
more  worthy  and  a  more  highly  respeeted  pnbli(;  man.  This  brief  ref- 
erence will  enable  the  ]ionoral»le  gentleman  to  understand  the  diil'crenee 
between  the  old  system  and  the  new.  The  honorable  member  ibr 
King's,  in  the  eourse  of  this  debate,  has  certainly  not  done  to  others 
what  under  similar  eireum.-taners  he  would  have  expeeled  -hoidd  havo 
been  done  to  him.  None  uf  that  gentleman's  late  colleagues  complained 
or  had  a  right  to  eomplai.i  that  he  had  left  the  Council,  or  that  lie  dif- 
fered wilii  them  upon  an  important  measure.  Such  diU'erence  and  such 
separations  are  to  Uv  looked  ibr  under  the  system  we  are  culled  to  ad- 
minister. Those  who  cannot  concur  in  the  poli(ty  of  the  govermnent,  as 
a  mattei"  oi' course  retire,  and  do  th<Mr  best  to  make  il  change  what  they 
disapprove,  lint  we  have  a  right  to  complain  that  the  hoiioralde  gen- 
tleman held  ollie(.'  a  Ibrtnight  after  this  iiieasun;  was  announced  in  the 
Governor's  sp-ich,  that,  he  gave  us  no  fair  notice,  and  that,  in  nudiiug 
liis  stand  against  the  bill,  he  ventured  upon  denunciations  of  the  general 
policy  of  those  with  whom  he  acted  iiir  two  yea.rs,  and  tleidt  in  insiuualions 
calculated  to  damage  the  eharaeler  of  th(;  nobleman  at  the  heail  of  this 
government.  This  may  be  denied,  but  suppose  a  man  iniimalely  asso- 
ciated with  a  i'amily  for  years,  mixing  freely  at  the  lireside,  and  conver- 
sant will)  theeliaraeter  of  each  of  its  numbers.  Supj)ose  he  afterwards 
diirere(l  with  the  head  of  the  house  upon  a  ])articular  topic  and  the  in- 
tercourse was  broken  up,  and  that  in  desci'ibing  the  cause  of  the  ({uarrel, 
he  had  I'epn'senled  (hat  house  a>  <langerous  to  the  whoK'  neighborhood; 
fancy  him  .-hi'ugging  his  shoulder.-^  and  insinuating  iluit  he  could  disclose 
something,  only  that  his  lips  were  sealed  —  thai  he  could  a-k  (piestions 
but  did  not  lik(!  to  draw  out  disagi'eeable  truths.  AVhal  would  be  the 
natural  inference;-'  Why  ihat  his  friend  kept  a  house  of  ill  fame.  It 
was  not  Ix.'causc;  the  honoraI»l<'  geiuleman  left  the  govei'nmcMt,  I)Ut  be- 
cause he  left  it  afler  this  lashion,  that  we  think  we  have  a  right  to  com- 
plain. l>ut,  sir,  we  will  not  allow  the  fair  fanii'  oi'  a  governmeut,  which 
the  honorable  gentleman  will  hardly  veiUure  to  attack,  to  be  insinuated 
away,  and  I  here  openly  and  in  the  lace  of  the  public,  defy  him  to  bring 
forward  any  chai'ge,  founded  in  the  conlidence  of  Council,  that  can  foi'  a 
moment  justily  the  Inferences  and  insinuations  with  wdiich  he  has  endeav- 


:-!  ' '  V 


^;. 


"'  [M 


QUALIFICATION   BILL. 


353 


lit' rill 
iiKiliuns 
of  this 
y  usso- 
c'onver- 
■rwards 
thu  iu- 
(liiarrol, 
orliood ; 
disclose 
iiestions 
1)0  the 
lint'.     It 
lull  be- 
to  coiu- 
it,  whii'li 
-iiiuatcd 
to  hi'iiii; 
•a'.i  lor  a 
endeav- 


ored to  jierplex  tiiis  debate.  'I'lie  lionurable  gentleman  intimates  that 
this  nica.-iire  is  to  Ik-  loUowed  mi  by  otlicrs.  each  worse  than  the  last, 
until  ihe  lii)erties  (ji'  the  country  woidd  be  reduced  to  a  single  plank. 
Tiiat  was  a  deseriplion  of  Lord  I'^aikiaud's  goveriuuent.  wliich  if  it  were, 
true,  certainly  would  justify  llie  huiKU'aliie  genlleuiaii's  retireiiieul.  but  if 
it  be  iiilse,  overwiiehns  with  di.-Iioiior  tlie  man  who.  enjoying  liiat  nolth;- 
man's  eonlidi'iice,  thus  pictures  him  to  the  eoimlry,  meditating  the  most 
blaek  designs. 

The  honorable  gentleman  has  >aid  ihal  my  opening -peech  was  a  signal 
failure.  Perhaps  it  was.  although  I  am  rarely  discouraged  wlii'ii  I  most 
signally  fail  to  make  any  impre.-sion  on  him.  Let  us  try  if  the  honora- 
ble genlleman's  own  loude  will  bear  exiuninalion.  lie  told  us  that  six. 
of  the  Kxeeutive  Council  are  here  already,  and  lliat  if  this  bill  passes 
we  shall  be  i-eliilbrceil  liy  four  heads  of  deparlmeats,  making  in  all  ten 
mendiers,  bound  to  act  with  tin'  go\ci'iini(iit.  Xow,  tiie  honorable  gen- 
tleman very  well  knows  that  as  the  dipaitmenls  become  vacant  the 
members  of  Council  are  lo  have  ihem,  and  that  if  any  of  the  old  iiicum- 
bels  get  seats  here  ihey  will  al-o  be  enliiled  l(»  ^eats  in  the  Council,  so 
that  in  either  case  the  ninnlii  r  never  can  ri-e  jdiove  .-i\  ;  and  yet  ihe  hon- 
orable gentleman  knowingly  and  wilfully  ha-  increa-ed  ii  lo  ten. 
Another  of  his  extraordinary  >tatemenl>  wa-,  that  I  had  lorgoiien  to 
tell  the  House  that  Ilumi'  ])Ui'cha.ied  a  seal  in  Parliament.  I  ccilainly 
did  forget  this.  Hume  sal  fir.~t  for  Aberdeen.  Docs  the  honorable  gen- 
tleman mean  to  tell  w^  ihal  thai  ancient  Scotti^h  city  was  pni't  ha.-ed  by 
an  individual?  'I'hen  lie  >at  l(>r  3Iiddlesex,  and  I  am  .-ur<'  ihat  the 
whole  county  of  King's,  in  addition  n,  all  ilnme  i-  worlh,  would  make 
but  a  moderate  liribe  lor  the  electors  ol\Mid<llesex.  Ibit  then  he  bought 
Kilkenny.  Kilkenny  I  —  I  will  believe  it  when  1  hear  (hat  ihe  honora- 
ble gentleman  has  liought  the  island  of  damaica.  The  honorable  gentle- 
man is  nnicli  al'raid  that  a  jocose  obs<'rvalion  of  mine  will  be  ill  lakeii  by 
the  ladies  in  the  country.  There  is  little  danger  ot' that  ii  what  I  really 
do  say  is  not,  ibr  evil  pui'po~es,  misrepresented.  In  .--ayiiig  that  the 
farmers  of  Falmouth  took  nearly  as  nntch  care  of  their  horses  as  they 
did  of  their  wives,  I  only  said  that  which  their  v  ives  knew  to  be  true, 
and  which  I  wish  I  coi-Jd  say  of  all  (jtlier  parts  ol"  the  Province.  As 
resjiects  the  ladies  of  King-,  —  and  handsomer  ones  there  are  not  in  the 
world,  —  they  will  r.ot  lind  tiiult  with  me  for  saying  that  a  Xova  Scotian 
should  be  left  free  to  take  u  good  wife  or  a  good  representative  v.herever 
he  can  lind  one.  I»ut  what  does  the  honorable  gi'ntleman's  rea-oning 
amount  to?  He  would  say  to  tiie  pretty  girls  of  Ilortoii,  you  tnu:t  not 
marry  out  of  the  townshii).     You  must  not  look  aerosd  the  mounlaiu  at 

•M* 


m 


it::     .1 


i 

!: 
f 

> 

i 

r;;:  ijiff.-- 


!    :!■ 


:  .'!  ;.■  ■(:  : 


.:      'i 


iin:j 


354 


QUALIFICATION   BILL. 


til  Oioanx  of  Windsoi',  nor  over  tlic  river  !it  tlic  I)iick.-:  in  C'ornwallis ; 
I)Ut  above  all  lliinir^  lieware  of  the  ricli  men  ol'  Halifax.  Now  F  would, 
say  to  tlie  LMi'l>  ol'  Horton.  lei  ailniirers  come  fVom  all  ([iiailer-  and  pay 
tlieir  honiajie  ;  yon  arc  not  lionnd  to  marry  them  nnless  \(iu  like;  and 
to  the  voters  of  the  lown-hip,  let  candidates  do  the  same,  and  il'  yon  do 
not  like  th'in  }  on  can  e\erci>c  yonr  own  Jndunient  and  e;i-t  them  a<ide. 
The  lionoraide  L'l'nlleman  mi-re|ire-cMled  what  1  snid  of  Mr.  Lalontaine. 
That  ^eiilleman  was  not  r4'Jecleil  hy  his  connlrymen.  He  was  driven 
liy  o]ien  \  iolence  from  the  hnsliiiLis  of  ;i  French  connt}',  and  my  arjru- 
mcnt  was,  wonM  you  on  that  account  cxidndc  him  from  appeal  to  an 
]Oniili>h  or  any  other  con>litnency.  The  honoralde  irenllenian  i'e|u'e-ents 
]Mr,  Ualdwin  as  :ni  nnjiopular  man  :  tiii<  .-hows  how  liltle  he  knows  of 
Canada.  As  has  heen  well  said  hy  the  memlier  for  Yarmouth,  his  stand- 
inj^  may  he  judired  hy  the  I'act  that  fi\i->ixllis  of  the  reprcMiilalives  of  the 
nnile(l  I'roN  ince  sh.-tain  his  view  and  support  the  pi-e-ent  LTovernment. 
The  hdiiorahle  p'tulemaii  endeav<H's  to  iriuhten  the  coiuilry  with  threat- 
ened inva-ioii-;  fr<im  Halifax  ;  hnl  does  he  ncit  I'euiemher  Imw  oI'k  n  all 
the  wealth  of  Windsor,  liackeil  hy  all  the  wealth  and  non-i-e-idents 
of  Haliliix  were  det'eated  hy  the  indepemlent  yeomanry  of  that  litth; 
township,  who  were  for  yeai's  represented  hy  my  old  Irieml  Dill,  and  of 
late  years  have  ent  men  of  iheii'  own  -lamp  to  LTiianl  thi'ir  inten.'sts  on 
these  heuche-.  'l"he  honorahle  p'titlemau  -ays  he  would  not  izive  a  rep- 
vesenlali\e  to  jdai'es  which  had  none  to  >eii(l.  Suppo-e  the  Church  and 
"\Vc'sleyan  mis-ioiiary  ,-ocielies  acted  upon  this  principle,  many  placi's  too 
jioor  01'  tiio  iLniorant  to  i'arni>h  ti'acdiers  Mould  he  left  without  the  light 
of  the  i^o-pi  I.  The  honorahle  u;entleman  threali  ns  ine,  that  al  the  noxt 
cdcctioii  I  -hall  he  oppo-ed  to  some  piavon  iVoni  hi-  neiLrhhorliood. 
I  can  only  -ay  in  the  lanprnaire  of  Sir  i''ranci-  He;id.  ••  i.ei  hiiu  come  if 
lie  dare."  If  he  professes  the  honoralde  Lienlleman'-  principle-,  the  con- 
stitnein-y  of  Hiilifax  will  know  how  to  give  him  a  warm  I'eception.  I 
could  scarc(dy  ludp  smilinir  when  the  honorahle  irenlleman  d<'-crihed 
Loril  Falkland  as  the  destroying  and  hims(df  asthe  LMianliaii  angel  of  the 
lihertie-  of  the  country;  and  iii\  own  impression  i-,  imw.  thai  the  pco- 
()le  of  .\.)\a  Scotia,  from  v.hat  they  know  of  Iiolh  panic-  would  ju-t  as 
K)on  intru-t  tlu'ir  liherties  to  the  care  of  His  I-ord-hi|i  a<  to  the  hoiiora- 
Mc  genlli'inan  i'or  Kings',  lli?  standing  on  the  l;i-t  plank  of  our  freedom 
to  del'ei'.il  il  I  ^Vliy  sir,  there  was  a  lime  when  we  had  liul  one  |)l;mk, 
find  wlieu  the  honorahli'  gi'iitleman  took  his  -tand  n|ion  that  and  vowed 
it  was  enough,  and  thai  we  >hould  have  no  more,  llul  the  judple  ot 
Nova  Scoii.'i  wei'e  wi-er,  and  plaidv  after  plaids  \\a<  laid  of  I  he  good 
ship  Ke-pon-ihle  (lovernnient.     Tlio.-e  experieiu'cd  workmen,  Diirliani. 


)■.';■ 


!•    ■'. 


QUALIFICATION  DILL. 


355 


1 1 


Russell,  Sydonham  assisted  at  the  laiiiicli,  and  now,  w'nh  a  pjood  nvw, 
and  Captain  Falkland  on  the  (luai'tir  deck,  tlmsc  wlio  have  ciiiliarktMl 
their  all  of  hope  and  reputation  on  hoard,  see  with  prid<'  Iirr  eapacily  to 
brave  the;  battle  and  tlic  hreeze.  Sir,  there  may  have  hccn  tliosc  on 
board  who  diil  not  approve  of  the  olijccts  of  the  voyjii,'!',  and  who  only 
entered  in  tlie  h()j)e  of  a  mutiny  olfcring  a  ehaiiee  of  puttintr  aboul  >hip 
and  wreekin;^  the  lives  of  tlir  pa-scnp'rs  ami  tlic  diararli  r  of  tiir  coin- 
maniler  ;  but  the  disei])lin('  of  our  ^]i\[>  i>  like  tlial  of  the  Soniers,  and 
those  who  conspire  a;.''aiiist  her  safety  must  take  tlie  eonsoijuonees.  It  is 
true  we  htive  lost  a  hand,  but  I  eaimol  but  fancy  that  the  .-hip  seems 
lighter  already,  ami  that  it  is  ii  loss  wliidi  can  be  easily  repaired. 

In  turning  to  the  speeches  deliveri'il  by  the  lionoial)ie  and  learned 
member  Irom  (Queen's,  I  cannot  but  olisei've,  that  it  is  .-trauL^e  tliat  he 
should  have  called  himself  n  siipporli'r  of  the  govermnem  for  two  years, 
proiessing  to  iipprove  of  its  principh's,  and  that  he  .--hould  not  have  known 
what  it  was  he  was  supporting,  or  what  he  approNcd.  It  is  strange  that 
he  shouhl  have  moved  an  iiddre.-s  at  the  opening  of  the  .-e~^ion  without 
avowing  his  inteiili(jn  tooppo.-e  tlie  govermneiit,  not  oidy  on  this  mea.-m'c 
but  on  tlie  whole  scope  of  il>  i^cneral  |iolicy.  Strange  I-  it.  that  he 
should  htive  ri'ail  Loril  dohn  lvu-scir<  di>i)atch,  and  yet  did  not,  on  one 
of  the  points  which  he  has  rai.-ed,  know  that  its  aiuhority  was  decisive, 
and  tluit  he  slioidd  now  oppo.~e  this  1)111,  not  on  its  merits,  but  because 
the  presence  here  of  heads  ol' (1(  pai'tmeiUs,  and  their  occasional  I'emoval, 
might  be  consei|iiences  to  How  from  its  pa--age.  It  is  (piiii;  a-  inexpli- 
cable that  he  ,-iiould  now  l)e  so  fearful  (pf  increasing  the  iiillueiic(;  of 
Ilalifix,  when  he  sleailily  opposed  all  tho-e  changes  i)y  which  her  old 
monopoly  of  execiitivi'  ;ind  legislative  power  was  struck  down.  AH 
this  is  passing  strang( ,  and  yet  I  thiidv  I  understand  it.  The  learned 
gentleman  denies  llial  any  analogy  can  be  di'awn  between  tlie  |iiinciples 
vliieh  goveiMi  a  great  coiinlry  like  Ilritain  and  those  which  regulate  the 
public  alfairs  of  a  small  Colony  like  Nova  Scotia.  I  admit  tla.'re  arc 
questions  of  mtignitude  which  caimot  be  overlooked,  oi'  varied  iuid  pow- 
crliil  checks  and  combinations  which  nni>t  be  taken  into  account,  and  yet 
I  am  prepared  to  contend  that  Ixith  countries  have  much  in  connnoii  to 
which  the  same  ]triiuMi)les  may  l>e  ^afely  !i[iplied.  The  sim|)le  rules  of 
architecture  by  which  ;i  cottage  is  raise(l,  are  the  same  which  .-u-tain  the 
magnificent  i)roportions  of  a  temple.  The  pi'inciples  by  wliich  the 
smallest  Geneva  watch  is  regulated  vary  but  little  irom  tho-e  oi'  the 
clock  whose  voice  is  heard  above  the  din  of  a  crowded  city,  'i'la,-  rules 
of  arithmetic  I)y  which  £.3  are  reckoned,  will  .-ullic(  liir  tlie  enmputalioii 
of  the  national  debt.     The  laws  of  navigation  by   which   a  shallop  is 


!',  '■ 


r  1 


■'  i^vrr-*. 


Hi;' 


su:i !; 


'  p 


'         !■ 


ri'' 


!  I. 


>i  I. 


.   ■ '!  = 


a'  ,  I 


'V 


:'    I 


'    .     Hi" 


:,5i 


35G 


QUALIFICATION   BILL. 


giiidtMl  jK'ro^^  a  narrow  sea  pn^sorvr  llic  slatrly  frisnlc  whicli  cirrnm- 
liiiviiratt's  I  lie  cnrtli  ;  tlidsc  fluids  liy  wliicli  the  smallest  spring  is  rcplcn- 
islicd.  swell  the  expanded  ba^in  of  Oiil.irio;  and,  risinii  Ironi  iialiire  np  (o 
natuic's  ( Jdd,  llie  simple  trntlis  di"  ndiirion  \vliicli  clieer  the  |ieasMUl'3 
Iminhle  ent.  iii-pire  llie  most  solenui  >efviee<  of  the  mo-t  auirU'-t  catlio 
dral.  AVliy  iIk'II  slionli!  not  the  praetiee  Avhieli  lia-;  urrowii  out  of  reprc- 
scnlative  institutions  in  the  mother  coinilry  lie  e(p:ally  applicahle  to  tho 
work iiiLi;  111'  representative  instiliilions  here? 

T  liaxc  heard  ol"  thirteen  Colonies,  driven  into  rehellion  hy  the  refusal 
of  the  same  powers  ■whieli  we  in  IJrilish  Ann-rica  claim.  Those  wlio 
wotdd  not  miderstand  or  wouM  not  yield  i(>s|(onsibh;  government, 
were  nltimalely  (•om])elled  to  sanction  independence.  If  we  turn  to 
Canada,  what  do  we  see  i'  The  same  riirhts  conceded  in  ISi;],  tjiut, 
if  acknowledijjed  in  l^oG,  woidd  have  saved  hundreds  of  lives  and  four 
million-  of  money.  lUit  it  is  said  that  in  iMiglanil  there  are  distinct 
jiarties  in  rarliament  and  in  the  connlry.  Have  we  none  here  ?  Were 
not  the  liiK^s  sullieiently  delinite  which  divideil  those  who  .-oiiixht  the 
introdnclion  of  this  system  and  those  who  struggled  against  it?  Happily 
flio>e  lines  are  lading;  hat  have  we  not  now  two  parlies,  —  parties  which 
will  .-oon  Iiecoino  more  intelligihle  and  mon;  compact,  —  tho<e -who  op- 
j)0se  and  those  who  snp[)orl  the  government?  To  whi(di  of  these  the 
learir.'d  gentleman  belongs,  he  sei'ins  rcdiictant  to  acknowledge  ;  lait  I  do 
not  hesitate  to  avow  that  my  lot  is  cast  with  those  who  are  '  -tly.  but 
riioderately,  endeavoring  to  carry  ont  tli<>  princi|)les  he  view-  with  so 
much  alarm.  The  silent  inlluence  of  meiiibiM's  of  the  govermnent  here 
has  been  referred  to  :  but  are  lliei'c  no  silent  inlhu'iices  opei'ating  on 
them?  Does  not  every  member  of  the  govi'rinnent,  who  shar<'s  in  the 
dchberations  of  this  House,  eateh  a  portion  of  its  spii-it,  and  feel  pressing 
upon  him  at  i^vvvy  moment  dei'erenee  due  to  its  high  powers  ?  Can  a 
man  of  honor  be  insensible  to  its  criticism,  or  estimate  lightly  the  im- 
portance of  preserving  its  eonlljlenee  ?  Ihit  had  the  Executive  no 
inlhience  under  the  old  system,  when  the  members  of  go\  enmient  sat 
in  the  other  end  of  tiie  buililim:,  reiectinir  vtmr  resolutioir-:,  throwinc; 
out  your  bills,  destroying  your  reveinie,  sneering  at  your  privileges, 
and  charging  disalTeetion  whenever  you  made  a  remonstrance?  The 
honorable  gentleman  tells  us  that  he  has  become  alarmed  by  some  ex- 
traordinary o[)inions  in  the  press.  "What  have  we  to  do  with  them?  If 
he  reads  ;it  all,  he  certainly  nnist  s<m'  every  day  extraordinary  ojiinioniS 
in  the  jiress.  Its  pages,  just  now.  certaiidy  exhibit  opinions  as  varied 
and  extraordinary  as  at  any  time  within  my  remembrance.  IJiit  T  know 
not  how  the  government  can  be  held  respensible  ibr  what  is  published, 


QUALIFICATION   BILL. 


357 


If 


for  llic  iKnv.ipniiors  wliicli  siipjioi'l  tin'  ^ovi>niiiu'nf  i;il;(>  llic  Icml  In  find- 
iwx   Ihult  witli   every  tliiii,^  it  (loe< ;  ninl   tlio-e  wliieli   |ii'Mi-e  t,\\c  lialf  of 
tlie  Ciiiini'il   uciieially  eoiiti-ive  to  nhii-e  tlie  oilier  Iiall'.      If  ;i  liilie  lliat 
the  I'lieinN  of  my  eolleaLMies  say  of  me  weie  Inie,  or  if  ]   1>eiie\(ii  what 
.tome  of  my  friends  say  of  them,  we   .-hoiii'l   e'riaiiiiy   imi    act    loii"  to- 
{reliier.      l')iil    we  have   (h-rcLiartlrd    miii'Ii    thai    was   -aiil   on    all    >i<les ; 
knowing  that  while  the  ^overminnt  wa-  eoiHliieleil  in  a  spirit  oi'  fairnes.-; 
;inil    deferenee   to    enli^hteneij    pnlilic  o]iinion.   we    need   not   hi'   afraid 
oi"  the   walehfnl,  thon'jli   iil-dii'ecied,  eouHiienl-  of   the   pre-.~.      j'.iit    the 
learned  ,L''enllenian   iVom  t^uc  en'-  ha-   Income  ^nddi'nly  >oliciious  ahoiit 
till'  tale  of  the   piihlie  ollieer^.     ( )n   lhi<   point    it  i-  imporlani   that    thei'c 
t^lionlil  he  no  nfi-Mndei'>landim:'.      I'nd.er  the  old  .-y.-|em,  the  collector  of 
llie  ciHloiMs  sat  in  the  lv\eeuli\c  Coiineii.  holdinir  l.iolh  olfice-:  iiir  life,  and 
liavinir  the    palroiiap'   of  ihiily  or   liirly   .-ulMirdinale    place-  connected 
with  his  diparlment.      The  Secretary  held   a  -cat  in  the  ('omicil  tin-  lifi', 
and   he  appointed  all   the    Depuly  IJeui-li'ars  thron;_diont    tlie    I'lovinci', 
anil  the  cici'ks  in  his  deparlmenl.     'I'lie  ('hiit'  ,In-iicc  nominated  all   the 
sliei'in'- ;   the  I*o-tma-ter  (ieneial  app.iinled  all   the  Depntv-  I'o-!mas|ers 
and   ('oin'iers;  the  (  lerk  of  the   (Vuwn   all   the   comiliy  i  .od'onotarie.'^. 
The  ( <o\  ci'nor  had  no  power  of  remo\  ah  and  he  conM  scarce|\  make  ati 
ai)poinIiuenl.      !]\ei'yIiody  had  patroiiaui'  hiii  him  :  e\-er\Iiody  had  -i  me- 
tliin.LT   to  j^ive   away,  some   means  of  ci'eatiiiL^    inllneiice   and    rallyini,'  a 
part}',  hat   the   (iovei-nor.      lie  was   like   the  man   in  the  almanac,  snr- 
rouiided  hy  the   -i.i^ns  of  the   zodiai-,  each  exerci-imj;  an    inllmnce  u\hai 
liini  witliowt  Ills  having'  the  .-lighte-t   powei-  (o  control  their  o|ierations. 
Tims     surro\mded,    hy    persons    acconnlahle    in    no    way,   u   ^Jovernor 
conld  neither  di-chari;'e    himself  of   his   rc-poir-ibiiily  to  the  crown  or 
fullil   his  ohligations  to  the  connlry.      How  did    the  sy>lem  operate   ii[)on 
this  House?     'J'lie  miiioiily  jiere  —  not  the  majority  —  -liared  the  con- 
fulcncH!    of  the    ;iovernment,    and    enjoyed    its    |ialrona,i.'e.       Snccessful 
leaders   wi'i'c    men    to    he    marked,    not    to    he    trn-ted  ;    and    L,renerally 
when  a  country  menilier  retui'ucd  to  hi-   home,  after  a    fati^'uiuLj   ses- 
sion, lie  had   the  sali-faclion  to  -ee  hi-  liiliere-t    per-onal  or  political  liies 
promoted  in  the  next  (ia/etle.     That  wa-  the  preeioii-  sy-lem  whiidi  tliC 
learned  p'nlleman  admire-;   hut   aiiain-l   which   every  15i-iii-h   Colonial 
Ass(MnI)ly  entered,  again   and  again,  its  solemn  pi'ole,-i.      It   IMI  liefi)re 
Lord   Durham's  searching  inve.-tigation  wliieli  ])roclaimed   it   ridiciiIoii.'S, 
and    1tel()n!    Loi-d  John    Ru-sell's  dispatch,  —  hy   which    it    wa-    finally 
ptrnek   down.      To   Lord  Sydeidiam   was  intru-ted    the   ta-k   of  calling 
into  operation  new  principles;  and.  iiotwith-tjuiding  the  aliu-^e  which  lias 
been  liea[ied  upon  liiiu,  a  nioi'e  in\;iluable  friend  tlie.-u  Colonies  never 


.!  ■'!  'I!, 


]  .$! 


I  :    !l 


?   » 


:-ir", 


sns 


(.MAI.IIICATION    r.lLI, 


1iM(I: 


iKir  \v;i-;  Hut 


(•  ever  n 


t;il(-iii;in  williiii   llicir  iMinlcr-  wim  licld   ii 


i.ii' 


ii 


M'i 


rv 


■:•    f 


i-':.i 


'?aa-   "'- 


i' 


more    M>\i'ni;^n    cnnlcnii't    lln-    -\ 


Iclll     I) 


V    wliicli    ilicv    Ii:iil    lii'i'ii    111 


is- 


P<>\  "I'lird.       'riic  |ilTliiic!'  dl'  l'',ii".l:ini|,  ll   W.l-    Iin|)ii|.  would   lliidW    liiuHrU' 
ill    IIh'   ;.';i|i   In    -t:i\   llii-   iMciil   Coloiiiid    nv  oliilinii.       I'liil    l:nw    little  \v;m 

jx'iMcd  >iicli  M  sMcriliiT  ;il  lii-  liiind'.      Sir, 


kl 


lowii  III'  Ii 


nil  li\   I Iio-c  who  ('\ 


wlii'ii  Sir  luiliirt  I'd  I  went  down  lo  llic  llmi-c  of  ('iiiiiiikhi^.  :il  llir  liriid 
<il'  n  lrimii|di,iiit  iiiiiimity,  w  ii.ii  \v:i-  liis  nply  Id  i  iic  s|)ircli  \'\-(>\\\  llid 
(liioiic  ?  '•  .Al.iy  i(  |d(;i~r  ^  niir  IMm  jc^ly.  — -  ^V(•  ciiii  (•(Pii-i<lrr  iiotliiiitj, 
until  ^'oiir  .M;iii-iy  is  '-iiriiMindtd  liy  ;id\i<('rs  who  ciijov  tin'  cuiilidcinM^ 
dl"  l';ir!i;iiii('iil  niid  llii'  ('tiiiiitry.'"  Mxpccl  llic  ihmm  wIio  wroli'  ilint  i\fr- 
iMnilidii  (o  |ir«)t('ct  Vdiir  iitlli'  (idniiial  iiiimiipolics  !  'I'lic  idc'i  is  ulisiird. 
Sir  CliMrlcs  l>;i';til  (Miiic  oiil  to  (';iii;i(l,i  ;i  coii-crv  Mtlvc  nl' liiiili  JuMUir  iiiid 
I'liar.'iclcr.  I  Ir  (■iiudciuiii'il  tin- nld  -y>t(iii  and  casl  it  aside  ;  ami  Lord 
Slaidey,  liy  the  -ii|i|iiii'l  and  eitnliileiiee  Liixeii  (o  llm-e  \vli()  are  Iryiii!^ 
tliis  tireal  e\|ierinieni.  <'\  en  iimre  lliaii  liy  any  wrilleii  ileidaralion  (if 
(>|>ini(>n.  eoiiileinns  it  toD.  Can  llie  learned  ixeiitleinan  I'roni  <>tieen'fl 
»'X|i( ft  IIS  In  relnrii  lo  modes  ,i|'  adniiiiisiralioM  \vlii(di  are  iiol  alleiiipled 
lo  I'c  deleiided  l>y  any  r.Miional  man  ol'  any  parly  at  home,  wiiieli  eaimot 
lie  dell  ndi'il  liy  onr  own  paiiiriii  eNpeiienee?  lint,  it  is  said,  luiw  aro 
lliese  prineiples  to  lie  carried  onl  as  i-e-juM'ts  the  lieads  of  departnienis  ? 
"Were  not  intimations  Liixeii  that  lliey  would  lie  expceli'd  to  1:0  upon  tli(\ 
luisliie^s  r  1  will  (Midea\tii'  to  answer  these  (piestioiv-.  At  one  time,  it 
Avas  more  than  siispe('ted  thai  >ome  ol'  thes(«  jiei's  ;,  from  di-liUe  to  the 
new  principles,  were  oppo-imr  and  inlriirnini:  aLrainst  the  lidvermnent  l»y 
uhicli  lliey  were  lieiiiLi'  inlrodiiced;  lliat,  while  receivinu;  its  pay,  and 
fihariiiLV  il-  inthienct>.  ihey  were  enileaxdriiiLr  to  damage  its  character  and 
(lel'eal  it-  mi';i-nres.  Lord  l-'alhiand  sent  tor  some  of  lhos(>  persons  and 
8aid,  1  and  iiiv  ad\  i.-crs  are  dis])o-ed  lo  carry  on  the  government  in  n 
t;jiirlt  of  uiMieroiis  I'orhearance.  Inn  1  cannot  permit  (hose  who  should 
irive  lis  their  a'~-istance  to  emliarrass  ns  hy  o])position  ;  and  theretoi(>  it 
may  he  nece--ary  at  the  iieM  election,  for  yon,  ^entlcmiMi,  to  throw 
vonrM'hes  011  the  conlidence  of  iln'  connlry,  and  phiee  yoniselves  in 
positions  where  yonr  conduct  can  he  lialde  to  no  misconstriietion, — 
■\vher(>  yon  will  he  c\|)ec'ed  to  snpjioi'l  th(>  u'overnment  or  resii^n.  Tliis 
Avas  laiiLvna'^e  jusiitied  hy  Lord  dohn  Unssidl's  dispateh  ;  inslilied  hy  the 
jHisition  ol'  pnlilie  atVairs.  That  di-patch  makes  the  tenure  of  oilice  do- 
pciideni  on  the  exiu'vncies  of  the  country.  We  ha\  (?  no  power,  even  if 
Ave  had  tlie  inclination,  to  withdraw  it.  These  men  hold  their  ollices  at 
ill'-  moment  under  lliat  di-patch.  Tliis  House  may  com;  ol  the  (iover- 
nor  to  apply  its  principle  to  tliem  ;  the  (iovernor  i.iay  call  njioii  tlicni  to 
niipoal  lo  me  ]ieoplc  or  resign.     lUit  while  His  Excellency  possesses 


1!  il' 

II 

1 

r 

1  / 

1 

1  ■ 

QiiAunrATioN  HIM, 


359 


,(>u  if 
ices;  at 
!  iovor- 
licin  to 


llio-r    lii'jli   |ii>\vcr>.  —  wliicli  we  I'.iiiniil    dinv.  il'  we  wmilil,        wliidi   lie, 
<';innnl  ic-iiiii.  I    lliiiik  I  iiiav  ii|i|ii;il   in  die  p.i-i  lor  ;iii  ;i~:-iir;iM<'"'  ilmi  rii> 
rxcrci^c  nl'  l  luiii  w  ill  <\  cr  liilvc  plaiT  in  a  -|iiiit  ol'  har-lnic—  aiiil  ii|i|ii-cs- 
^ioii.      Sir,  iinlwilli-lainliii'j   llif  iiii-iT|prr-.(rilaliiiii->  wliicli  an'  niaili'  trnm 
liiiic   l(»  lime.  I    am    |ir<iii(|   in   hr  aMc  lo  -a\-,  ilial    iliiriii'^   llir  luo   viais 
niid  a  liair  llial   l.nnl    l'"alKlaiiil    lia-  ailiiiiiii-lcrid    llii-  Mii\criminil,  iml  ;i 
siiiL-'lf   |»iiMi<'  ,-cr\aiil    lia>   1m  in  (li-mi~-(i!,  nl'  any  .-liaih'  >>{'  imlilir^;  ami 
tlial,  ill  (li-|Hii'iiiLr  llif  |ialr(iiiaL'<'  ol  llir  (•(iiiiilr\ ,  rliararici',  aiid  aliililj  to 
di-cliai'L;!'    piililii'  iliitic-,  lia\  i'    iml    Iki  n  o\  rilonKcd  ;    iln -r    liaviii'/   Ihcii 
.soiiiilil  cillirr  williiii  lid-  IIoiim'  or  liiyniid  il,  willioiit  a  >icrili<'('  nt'cliar- 
sictrr  on  I  lie  |»arl  ol'  liic  fcixciiuiiiiil  or  ol'  honor  oii  I  lie  pari  ol'  llio-<'  callril 
iiilo  llir  piililic  Mr\  ici'.     I'cr-oii-  wlio  lalk  ol"  lln'  <'oriiiptioii  ol'  llic  pir~cii(, 
.■system,  >lioiild  nliccl  ihal  t\rrv  Judicial  olliicr,  Iroiii    llir   ('iiii'l'  .lii-lici' 
;Mid  liic  jikIlic-.  ilow  II  lolin-  |ioorc-l  ma'_ii->l  rati',  i-;  iiidrpciidrnt  ol'  Mxim'ii- 
li\i'  (diiirol.      Ill  iiio-l  ol'  oiir   liai)ilalioii>  lln'ri'  i.  a   I'dMc  and   a    lii-loiy 
of  l'ai;;laiid,  and   llnrf  i-  no!  a  >clioo|lioy  in   lin'  I'liinlry  wlio  would    iml, 
ii'si.-t    any  altfinpl  to  .-nlijict  llio-r  wlio  arc  lo  adinini~lcr  llic    law  lo  liic, 
inlliicncc  oi'  ilic  ll\cciili\  c.      'I'lic    jnd'^c- ol    |iidlialc.  alioul  whom    iniicli 
lia~i  hccn   .--aid,  arc  c(|iially    indcpcndcnl,  ami    lia\c    pro\c(l    il,  hy  \olin;^ 
licrc    ai;a!ii>l    llic    '^on crimicni,    hy    which     ihcy    were    -nppocil    to    he, 
'' clinchctl."      r>iit    -lioiild    llii^    independence   extend    to   other    ihaii   Ju- 
dicial all'air-?      ( 'criainly  iiol.      What  i>  the  duly  of  llie  i'",\ecnti\ c 'r     'I'o 
ciiihcidy  and  carry  onl  llie  will  of  llic  majority  (if  the    people,  e\pre->e(l 
tln'oiiLih  their  repre^cntali\i'-.      I'lililic  oljiccr-  are  the  a;:eni-    hy  whicli 
:iIoni'  thi--  can  he  done.     I  )iM)lieilience,  trcacher\-,  open  or  co\  ert  opposition, 
is  an  olVent'c   not  only  auain-l  ihe   ^o\  (  rnineiil,  hut  airain-1    the   majority 
cil'  the   people  whom    il  lepnxnl-.      And   >liall    it  he  -aid   ihal  any  iiidi- 
vidiinl,  pni<l  hy  the  L'nvcriimciit  to  aid   il~  o|)erati(in-,  >liall   he   perinilteil 
lo  use  the  \ery  po-ilion  ;.d\(ii  him  to  emiiarra->  or  aiinny 'r     'I'he  leariii'il 
ji;i'ntleniaii    I'roiii  (^hiceii's   tells   ii--   thai    no    llriti-h   people  will   Mihmit  to 
■siicli  a   >y.-lcm  :    hut    I    can   .-how   the    learned    ^einlemaii    that     l>ritisli 
])cople   d-i  siihmit    to   it,  and   that    in  i'lii^laiid   the   ride   is   perl'ecily  well 
understood.     "When  !\Ir.  1  Iii.-kis,-oii,  on  one  ()cca>ion,  inlormed  the  l)iil<(> 
of  A\'ellii!,L;(un  that  he  luiisl  voti;  aL;ain>l   liiin,  liis  answer  ua-,  Mr.  IIii.-.- 
liissoii  may  do  a<  lie  jjjcascs,  hiii    the  l*re.-ideiit  ol'  the,  IJoard  of  'I'railo 
imi.-'l   >iipp(»rt    the   iidvcrnment.       This  is  an    e\aiiipl<;    lor    the    learned 
gentleman,  on   authority   he  will   >carcely   \fiitiire   to  di,-j)Ht(' ;  and   t 
jh'lsoiis  he  ,-eeins  so  solicitous  lo  serve,  nui.-l  have  a  care  how  they  hi 


ic 


em,  .-ir,  and  tlic,-e  are  the 


themselves  within   the   rule.     'J'his   is  the  >v-t 
rules  of  admini.-tration  wliicli  we,  are,  endeavoring  (o  a|)ply.      Willi  re- 
spect to  this  iiill,  I'ur  the  leasuu-s  given,  our  Irieiuls  will  perceive,  alter 


y 


3G0 


QUALIFICATION  PILL. 


!ini  mw 


i!  -:j 


■'•fff  *(  !  f  f    1-11 


whnt  lins  ()cciin-(  (1,  we  arc  liniiinl  Id  |iii'"  it  ti>  a  divi^imi.  AVIiat  may 
b(!  tlniic,  at  any  >ii1i-ii|M(iit  .-la,L'i'.  will  lie  matter  of  (•(iii.-idcratioii  ;  Init 
VI' tliriiw  ()nr-cl\r>  ii|i(iii  ilir  iiitclIiL''<  lu'i'  and  lifiniicss  ol'  tlir  IIoiiso. 
Sir.  in  tin-  ti'}iiiL'  titiic-^  of  I'ji.irlaiid.  a  plira-c  was  iiM'd,  uliicli  stirred  tli(! 
jieiiplc's  hearts  in  many  a  di'idill'nl  day.  3Ien  were  invoked  ity'Miie 
priioil  fild  cause."  The  ;.ffi()d  old  catise.  in  Kni,dand.  meant  civil  ami  rc- 
li.L'ions  liherty.  as  sr-cnredliy  INIairna  Cliarta  and  tlie  recorded  decisions  of 
I'arliaiiienf.  Let  not  oar  I'riend  lie  decei\f(l.  Tliis  is  the  pood  old  canse 
of  vesjion-ilile  tro\ crmnent.  for  wliieli  we  lia\t'  been  strn;.fji;lin"  for  vears. 
This  liill  is  a  ]iart  ctf  a  sy-tem.  I'ass  it  and  yon  make  n  stej)  in  ad- 
vance;  reject  it  anil  yon  Ijcjrin  to  ri.-trojxrade.  For  my  part,  if  the  whole 
battle  is  to  be  <soni'  over  aixain.  I.  as  one,  am  |trc|iared  to  take  my  >liaro 
of  it;  hut  I  I  amiot  lielieve.  thai,  if  it  does  come,  the  coinilry  will  ever 
aflirm  the  \  iews  avowed  by  Lrcnlleineii  in  this  debate.  I  cannot  coiicliulc 
Avithonf  casting  1)ack  with  utter  scorn  the  imputation  attempted  to  bo 
oa-f  upon  His  Kxccdleiicy  the  FJeiitenant  (iovernor.  It  has  been  r-aid  or 
insinuated,  that  n  series  of  measures  were  in  prospect,  inimical  to  tiio  lib- 
ei'ties  of  the  pco])h',  and  this  cliarpc  comes  from  a  quarter  least  expected. 
Sir.  in  the  olden  time<.  the  sovereiirns  of  l-'rance  frequently  dined  in 
public;  and  tlu'  honoralde  gentleman  from  King's  well  knows  that  Lord 
Falkland  mi'jfht  liave  held  his  councils  in  the  same  manner  for  the  last 
two  years,  ,-o  little  has  there  transpired  in  which  even  a  di-^eased  imagin- 
ation could  trace  any  thing  hostile  to  iinblie  liberty.  What  inducement 
is  there  to  tempt  Lord  Falkland  to  betray  the  trust  of  his  sovereign  ?  to 
walk  abroad  aisiong  the  people  of  iS'o^  !i  Scotia,  clothed  with  a  garment 
of  lies,  for  a  li'w  years,  and  be(|ueath  to  his  siuressoi's  dillicultics  with 
Avhich  lie  had  not  the  courage  to  deal  ?  Xo,  sir.  if  the  new  principles 
•were  applicable  to  Nova  Scotia  alone.  His  Lorilshij)'s  attachmint  to  the 
country  would  induci'  him  faithfully  to  carry  them  out.  Uut  Lord  Falk- 
land takes  !i  broader  view  of  hi-  j)o<ition  ;  he  feels  that  he  is  trying  here 
a  great  experiment,  and  testing  priiici[)les  api)licable  to  all  Colonics  in  all 
times.  Hi'  ku(»ws,  that  if  this  experiment  succeeds  in  llritish  America, 
Her  3raje<ty  will  have  here,  by  and  by,  millions  of  aflectionate  hearts, 
vlu're  formerly  there  was  discontent  and  disalll'ction  ;  and  that,  instead 
of  sending  her  gallant  armies  to  this  continent  to  maintain  a  miserable 
system,  sIk;  may  employ  them  in  China  and  Affghanistan,  trusting  to  her 
Colonial  subjects,  in  times  of  danger,  to  form  "a  wall  of  lire  "  along  the 
frontier,  and  to  hand  down,  I'rom  age  to  age,  allegiance  wdiich  each  suc- 
ceeiling  race  will  have  the  strongest  interests  to  maintain. 


A  qu(>6tioii  which  had  for  some  time  been  agitated  in  the 


i'f*    I 


annand's  resolutions. 


3G1 


it  may 
iM  ;  liiit 
llouso. 
led  the 
ly  ••  the 
iiml  re- 
gions of 
Id  ciuif^e 
r  vfiirs. 
|i  ill  ad- 
r  whole 
ly  share 
,ill  ever 
■(iiu'hulc 
■d  to  1)0 
II  said  or 
)  tlio  lil)- 
xpeclcd. 
diiifd  in 
liat  Lord 
the  last 
I  iiiiaLnn- 
lucciiiciit 
■igu  ?  to 
panin'iit 
ics  with 
rinciplos 
nt  to  the 
ni  Falk- 
iii.ir  hfTc 
ifs  in  all 
Aiiierica, 
hcart.s, 
t,  instead 
ni^eralile 
n<l  to  her 
:\long  the 
uaeh  siic- 


d  ill  lhc 


pross,  aiul  in  (litlereiil  sections  of  the  country,  caine,  at  this 
session,  ft)nnally  before  th(!  LegisUilure.  On  the  22d  of  Feb- 
ruary, 1  moved  the  following  resolutions,  which  were  seconded 
by  Mr.  Huntington:  — 

1.  licsulrcd,  That  the  policy,  herctofon;  pursued,  of  oliarlrriiiLr  and 
endowing  eollegiate  institutions,  of  a  sectarian  or  denominational  charac- 
ter, is  iiiisoiiiul,  and  ought  to  1m'  ahandoned. 

2.  7i'(W<W,  Tliat  this  policy  has  already  li'(l  to  the  creation  of  fnur 
eoUcgi's,  carji  of  thein  drawing  largely  upon  the  puhlie  resources,  and 
iieitiicr  of  them  cilicicnt. 

tj.  /icso/rcd.  That  it  appears,  hy  numerous  petilion.s  upon  tin:  tahle 
of  the  House,  thai  eiKhnvineiits  for  two  other  denominational  colleges  are 
demandeil  hy  large  and  respectahle  hodies  of  Christians,  and,  if  the 
foi'iiier  policy  (jf  the  J^egislature  is  to  he  adhered  to,  these  cannot  be  re- 
fused. 

•1.  Jii'so/rcd,  That  tiie  liuctuations  of  religious  opinions  may,  at  no 
distant  period,  create  a  nece.-sity  for  further  grants  to  other  i)odii's,  for 
tlj^j  sujjporl  of  similar  iii.>liliilioiis,  to  which  they  maybe  disposed  to  con- 
tribute, and  l(>r  aid  to  which,  if  ilie  systi'in  is  sustained,  they  will  jirobu- 
bly  jji'd'er  their  claims. 

5.  Jii'sulred,  That  the  numerous  a{)plicalioiis,  during  the  present  ses- 
sion, for  increased  gi'ants  lor  the  higher  educational  institutions  already 
established,  clearly  show  that  the  annual  grant  of  i!  1 11  is  altogether  in- 
suiRoient  to  defray  the-  ex|)ense  of  any  institution  of  a  eollegiate  charaa- 
ter,  and  that  they  will  all  recjuire  ineretised  support  from  tiun;  to  time, 
from  the  Provincial  funds. 

0.  Jivsulred,  That  to  continue  the  [tresent  grants  to  existing  colleges, 
and  to  endow  the  two  institutions  now  ])rayed  for,  would  recjuire  at  least 
£2040  per  annum,  and  that  this  sum  added  to  the  X170U  given  to  the 
acudainies  in  the  shire  town,  would  make  an  amount  equal  to  ,£lu  10  de- 
voted to  the  education  of  the  rich,  a  number  comparatively  few,  while 
but  1'8 11 1  can  be  atlbrded  I'or  the  support  of  common  schools,  and  the 
instruction,  in  the  rudimental  branches,  of  the  great  mass  of  our  Provin- 
cial youth. 

7.  Resolved,  That  assuming  twenty  as  the  number  to  be  educated  at 
each  college,  and  thirty  at  each  academy,  as  the  basis  of  a  calculation,  but 
six  hundred  ami  thirty  boys  can,  in  one  year,  receive  the  bcnelit  of  the 


£43 10,  while  the  same  amount  devoted  to  the  s 


upper 


tof 


common  scli 


ools, 


would  maintain  two  hundred  and  sixty-lour  schools,  and  prepare  seven 


31 


i    I 


'■'  '5! 


i-'! 


;l*t 


s   i- 


r 


I'    r 


30: 


COLLEGIATK   EDUCATION. 


{    '!i 


I     i     I 


;   ( 


ilioiisaml  nitio  IiiuiiIitmI  mihI  twonly  cliiMnii  U\  vav]  tlic  word  of  Gotl,  ami 
cuinliict  llic  nrdiiiiii'V  cniicci'ii-:  of  life. 

8.  li'i'so/rci/,  'l"li;it  till'  ti'iitlt'iicy  of  iiiuiiitiiiuiii^  .-o  iiiaiiy  coUrgcs,  ;iiiil 
ni'gl«.'('tii)i^  the  ronmioii  scluiols,  h  lo  witlidi'aw  too  many  of  our  youtli 
from  the  piir-iiit  of  indcpciidciici-  Ity  lioiU'st  industry,  and  to  crowd  the 
professions  witli  persons  l»oa>tins  d(  grees,  indieating  but  little  an  rit,  and 
attraeting  little  respect  either  at  home  or  abroad. 

;>.  /'is'i/rcif,  That  the  (/xpcrienee  of  the  i>a>l  too  plainly  .-how-  that 
hitter  sectarian  jcalotisics  ari;  fostered  hy  the  present  system,  hy  which 
the  gi'eat  end  of  all  collegiate  instruction,  the  uniting  and  knitting  to- 
gether the  hearts  df  the  people  in  the  luve  of  science  and  lilieral  aeeom- 
]»lishineiii-.  is  marred,  and  slrite  ;ind  discord  fostered  within  the  Prov- 
ince. 

1<>.  lii'unlrcil,  Tiiat  while  the  burthen  of  maintaining  these  denomina- 
tional institutions  presses  heavily  upon  siu  h  portion:^  of  the  people  asi 
undertake  to  >up|)oil  them;  few  of  them  can  alTord  liitraries  combining 
the  treasmvs  of  the  }iat  with  the  standard  productions  of  modern  scienct! 
and  literatui'' ;  and  some  {.A  them  are  deficient  in  apparatus,  ab.-olutely 
indispensable  to  the  illu.-lration  of  a  resi)ectald(>  cour.-e  of  lectures, 

1 1.  lii'solrcil.  That  one  good  college,  free  from  sectarian  control,  anil 
open  to  all  denominations,  maintained  by  a  eonunon  fund,  and  rallying 
around  it  the  affections  ol'tlie  whole  ])eople,  would  I)e  adequate  to  the  re- 
(piirements  of  a  poiiulatioii  t)f  three  hundred  thousand  and  suiliciently 
burtheiisome  to  the  levemie. 

.  12.  7i''Avo/rc^/,  That  such  an  in-titution  woi.d  elevate  the  Provincial 
character,  removi?  existing  ditliculties,  provide  oiu*  youth  with  the  bles- 
sings of  a  collegiate  education,  and  attract  students  to  its  classes  from  the 
surrounding  Colonies. 

Tliopc  resoliitioiit?  were  ably  supported  by  Mr.  IIowc ;  were 
carried  by  a  majority  of  tweiity-r^ix  to  twenty-one,  antl  a  coiii- 
mitteo  was  appointed  to  bring  in  a  bill  in  aeeordanee  with 
thein.  We  give  some  extracts  from  tlie  sj)eecli  delivered  on 
this  question.  After  tracing  the  rif<e  of  diiVerent  colleges,  and 
showing  how  each  in  turn  liad  brougiit  influence  to  bear  upon 
the  Legislature,  he  said :  — 


lie  would  now  turn  to  some  arguments  respecting  the  (picstion  of  one 
or  several  colleges.  Why  should  Nova  Scotia  differ  so  much  from  all 
other  countries?     The  population  of  Austria  was  twenty-throe  millions; 


mm  m 


ill  '    ': 


n 


•oviiicial 

•Dili    tllC 


-    > 


were 
I  coiu- 


3C 


with 
red  1)11 
es,  and 
ir  upon 


COLLEGIATK   EDUCATION. 


303 


niiiulicrof  (iillcjrc-i  <'i;4lit,or  mic  I'nr  every  two  iiiillidii  eiglil  Imiulctil  ami 
si'Nciiiy  tlioii-ainl.  Tli''  |in|iiiIatioii  of  l*pus-iji  might  lie  -tated  at  thirteen 
million-  ;  eollcgi's  -ix.  makiii;/;  one  for  two  miliioiH  iiml  a  fraelion.  Ila- 
varia  hail  three  eojleges  I'nr  alioiit  ?-ix  million^.  Saxony,  one  college  lor 
alioiit  onr  million  I'onr  hiimireii  thou-aml;  and  in  Wurtomherg,  one  eollegu 
lor  one  milHon  live  Inindreil  thousand.  KraiK'e  had  one  coUeuo  fur  evcrv 
one  million  two  hundn.'d  thousand,  (ireat  iirilain  nine  niiivursities.  pop- 
nlation  about  twenty-seven  millions,  making  one  for  every  three  millions. 
C'ros.-ing  to  Xova  Seoiia,  howe\er,  the  neces>ity  t<»r  high  eclucation  a[)- 
peared  !<o  great,  the  leisure  ;ind  wealth  so  extensive,  that  a  college 
.secnu'd  requisite  for  every  lil'ly  thousand  of  tlnj  population.  Switzer- 
land had  a  college  wliieii  made  one  for  every  four  liundreil  thoii-and 
people,  and  this  was  ifie  large-t  pro]iortion  in  Kurojie  ;  but  according  to 
that  one  college  would  be  suHicieiit  jiir  Nova  Seotia  for  several  years, — 
they  now  had  livi;  lor  a  iio[)iilatioii  ol'  two  humlred  and  lifly  thou-and. 
Tiiat  argument  he  would  consider  decisive!  until  it  were  answered.  I'lit 
it  had  been  averred  that  the  Nova  Scotia  colleges  were  very  eirieirnt, 
nnd  he  had  been  blamed  for  I'alling  some  of  them  thing-,  but  he  was 
prepMi'ed  to  prove  the  ajipropriateness  of  the  term.  In  the  Province 
it  had  been  intimated  that  two  or  three  prol'essors  only  were  wanted 
to  make  a  college  edicie'iit.  Turning  to  Oxibrd,  it  would  be  found 
that  IMagdalen  College  had  forty  fellows,  all  of  whom  might  b .;  called 
on  to  teach.  C^ueen's  College,  besides  professors,  had  sixteen  fellows 
and  two  chaplain-  ;  University  C(jllego  twelve  fellows  and  seventeen 
scholar-liips ;  All  Souls,  Ibrty  fellows;  liazen  No.-e,  a  principal  and 
twenty  fedlows  (and  some  in  this  I'rovincc  seemed  to  liavi'  studied 
at  IJazeu  Nose;  if  they  did,  they  knew  what  u  college  was).  These; 
institutions  had  great  resources,  galleries  of  art,  and  libraries.  The 
Lomlon  Univcu'sity  had  many  profes.-ors,  and  the  school  attached  to 
it  had  eleven  teachers.  How  eouhl  one  or  two  profe>:-ors  be  .-iip[)o-ed 
competent  to  teach  all  that  was  reipii.-ite,  in  the  face  of  tlie  experience 
of  all  other  countries?  In  tin.'  Dublin  University,  thirty  years  ago, 
were  about  live  Imndred  students,  a  number  d'  professors,  with  >pleiidiil 
ai)purtenaiices  of  books  and  apparatus.  In  Verona  College,  at  oin; 
lime,  were  seventy-two  prol'essors,  and  now  it  has  twenty-six.  in  lid- 
tlium  tlieiv  was  something  like  the  universily  which  had  Ijeen  sketched 
for  the  I'rovinces  some  years  ago.  A  body  of  examiners  composed  of 
fiftv-one  members,  from  the  various  learned  institutions,  sat  to  decide  on 


tl 


le  (lualification- 


of  students,  before  deirrces  wen;  obtained.      The  iii 


11- 


versity  had  a  li-t  of  professors,  which  he'  would  not   read  on  acnMiiii  ot" 
its  leiiiith,  and  the  College  IJoval  of  Paris  had  siniihii'  ample  i)rovi-i<.)n. 


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IMAGE  EVALUATION 
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Hiotographic 

Sciences 
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23  WEST  MAIN  STREET 

WEBSTER,  N.Y.  14580 

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304 


COLLKCIATK    KDrCATION. 


Tlic  IJoyiil  Lihrnry  nt  I'Mris,  lo  wliicli  all  cnllcuiatc  .-tmlfiils  had  accfss, 
nmiiliciTil  nine  luiinlrcd  llioiisaiid  V()1iiiihv<  of  iiriiilcd  Iionks,  ci'j-Iitv  llioii- 
i^aiid  iiiaiiiis('ri|)ts.  and  a  iiiillioii  oi'  historical  piipci-s.  Thcsi!  cxliihilcd 
what  iiii.^ht  be  done  wlini  resources  were  coiiceiitraled,  and  wlieii  a  Irit- 
teriiii!;  away  of  nieaiis  \va<  no!  periiiitlech  Wlial  jji-ovisioiis  av(  re  there 
in  Nova  Scotia  for  early  records)'  AVas  there  any  place  in  which  even 
an  old  Almanac  was  jtreserved  I'or  fntni'c  reference?  In  the  I'niscrsity 
of  I'lcrlin  the  teachers  of  law  alone  lllle(l  about  lialf  a  page,  and  the  list 
on  niedii'ine  was  of  greater  length,  beside  the  de[)artnients  of  philosophy, 
logic,  and  ethics.  There  wen;  I)ranchcs  of  inl'orniatiun  of  great  impor- 
tance which  were  not  tauglit  in  the  Pi'o\  ince,  snch  as  the  political  and 
julniiiiistrative  scit'iices,  agricnllnre,  bnt  which  were  deemed  worthy  of 
several  professors  in  old  country  institutions  of  learning.  And,  viewing 
these,  could  lie  express  any  bnt  n  depreciatory  opinion  of  those  which 
had  been  palmed  oil'  as  ellicient  for  all  tlu;  wants  of  this  country? 
It  might  bo  >sai(l  that  the  sj'.stem  was  good  for  Europe,  but  would 
not  .suit  well  at  this  side  of  the  Atlantic.  The  United  States  ap- 
proached nearer  to  the  Nova  Scotia  system,  bnt  there  he  computed 
that  there  Mas  no  nK>re  than  one  college  for  every  two  hmulred  and 
thirty-three  thousand  peo[)le.  In  the  more  respectable  of  those  in- 
stitutions the  students  and  [irofessors  were  munei'ous,  and  the  lil)rarics 
and  apptiratus  am[)le.  They  had  been  driven  to  adoi)t  the  denomina- 
tional system,  but  he  hoped  that  the.  Province  had  not  gone  so  hir  that 
it  could  not  try  back,  and  establish  one  respectable  college.  The  House 
of  Assembly  had  been  charged  with  changing  its  opinions,  for  hav- 
ing, in  fact,  learned  by  experience ;  but  did  not  some  who  abuse  them 
change  oi)inions  also?  Did  they  not  change  even  in  matters  of  religion, 
and  become  the  poh'mical  enemies  of  those  with  whom  they  tbrmerly 
acted  ?  Opinions  had  also  changed  on  all  the  great  principles  of  Colonial 
government ;  he  did  not  blame  those  who  changed,  and  they  should  ex- 
tend the  same  charity  to  the  House  on  educational  subjects.  The  me- 
morial which  had  been  presented  to  the  House  attempted  to  mystify,  by 
statements  that  the  proposed  plan  would  be  more  expensive  than  the  ex- 
isting system.  He  would  examine  the  statement,  and  repeat  what  had 
been  asserted  lo  a  contrary  elFect.  There  were  five  sectarian  colleges, 
each  endowed  with  4."-t  1 1,  which  made  .i'2,220,  and  the  subscription  for 
the  whole  from  the  peoi)le  might  be  reckoned  at  i.'l,oOO.  This  year  one 
of  them  asked  .i'lOOO  for  wings,  although  the  sum  was  subsetjuenlly  re- 
duced to  i."."J(>().  If  the  system  were  to  be  continued,  £1000  would  be 
wanted.  Kach  of  the  others  might  be  expected  to  Avant  wings  also, 
which  would  make  a  charge  of  £oOOO.     If  the  House  felt  pressure  now, 


i'   1 


A 


COLLEGIATK    EDUCATION. 


3G5 


III  acco-!s, 
Illy  llioii- 
i'xliil)i(c(l 

11  ;i  I'rit- 
•ri'   tlicre 
licli  even 
'iiivcrsity 
(1  Ihc  list 
lilosopliy, 
;it  iiiipor- 
iticiil  iiiid 
vortliy  of 
I,  viewing 
ose  wliicli 
country? 
)Ut   would 
Uatcs  ap- 
coinputc.'d 
1(1  red  and 
those  in- 
■)  libraries 
denoiuina- 
so  Itir  that 
."he  House 
,   for  liav- 
busc  thcui 
3f  religion, 
r  iornierly 
A'  Colonial 
should  cx- 

Thc  me- 
nystify,  by 
lan  the  cx- 
t  what  had 
11  colleges, 
M'iption  for 
is  year  one 
ijuently  re- 
)  would  be 
ivings  also, 
issure  now, 


how  wdiild  it  bo  if  live  cxcciilivr  coiiiiiiitlccs  were  organized  and  com- 
bined, l-'ive  ihoiisand  pounds  was  adniilted  to  lie  tlu!  least  siiin  wliieli 
should  be  sunk  in  apparatus  and  litirarie-,  and  that  wouM  make  X2."),()(l(), 
because  in-.tead  of  Iia\ing  one  eolleetion  for  one  in-tilnlion,  om-  t()r  each 
woiiM  be  refpiired.  Deducting  half  of  this  eliarge,  still  .l'12,.")i">  would 
remain.  'I'hat  would  lie  a  sunk  capilal»of  i.'"Jl',<i<"\  the  interest  on 
which,  with  the  other  charge-'  ■•■.iiiM  be  an  annual  cost  to  the  people  of 
above  t'."((l(M>.  This  might  be  -aid  to  be  e\a.i:gerateil,  but  an  exaniina- 
tiou  of  the  [)ast  woiihl  sujiport  his  views.  Wiiidsoi-  alone,  it  was  said, 
had  cost  the  Province  .l'2l,'i()<l.  It  liad  jirodiieed  some  scholars  and 
gentlemen,  but  what  was  its  present  a-pect.  compared  with  tlu^  ediciency 
and  activity  tliat  might  I)e  expected.  Tiie  I'ictou  Acadi'iny  had  cost 
the  Province  ,i'M(H)(>,  and  liy  snbscrijition  .f.'ldiKt  more;  it  now  lay  a 
wreck  on  the  face  of  the  country.  Taking  all  those  institutions  into  ac- 
count, the  I'rovince  had  expended  £  12,000,  and  it  was  a-ked  whether  it 
would  go  back,  or  go  on  Avith  the  system.  He  denied  the  ueci'>sity  jf 
sectarian  coHeges,  ami  expressed  a  confnlent  opinion  that  the  ])eople 
would  judge  correctly  on  such  subjects  when  llie  whole  mei-Its  of  the 
case  were  before  them.  AVheii  he  looked  abroad  on  the  works  of  I'rovi- 
di'Uce,  he  saw  no  sectarianism  in  the  tbre-t.  or  in  the  broad  river  that 
sparkled  through  the  meadows;  and  slioidd  we  be  driven  to  the  coiudu- 
sion  that  ineii  could  not  live/,  logelln'r  without  being  divided  by  that 
which  ought  to  be  a  bond  of  Christian  imion  ?  Ib^  lelt  calleil  on  to  make 
reti'i'eiice  to  a  cry  which  was  attempted  to  be  got  up  respecting  one 
religions  boily,  l)ecause  all  the  collegiate  institutions  had  been  placed  on 
a  level,  as  regarded  i)ublic  grants  last  se-sion.  1I<'  had  been  accused 
of  cracking  the  whi[)  of  Catholic  ascende'iiey  over  a  Protestant  popida- 
tion.  ITe  denied  the  slander,  ami  would  resist  the  nmhie  ascendancy  of 
the  Catholics,  or  of  any  other  boily,  to  the  last  extremity.  Ibit  lie  would 
also  resist  any  attempt  at  stirring  up  strife  against  those  who  were  pur- 
suing their  course  peacefully.  He  believed  that  the  ]»rinciples  of  civil 
and  religious  liberty  were  in  th<'  hearts  of  the  [leople,  and  that  their 
cultivation  was  for  the  good  of  the  Province.  What  cause  existed 
for  the  prejudice  attempted?  The  Catholics  had  one  member  of  their 
church  in  the  Legislative  Council,  none  in  th^  Executive  Council,  and 
but  three  or  four  in  the  Assembly.  Th<'y  had  conducted  themselves 
with  that  modesty  and  moderation  Avliich  entitled  them  to  credit.  They 
had  less  tlum  what  might  be  considered  their  fair  share  of  political 
power,  and  they  were  content,  and  supj)orted  the  government,  because 
they  apj)roved  of  its  princiides.  Th«jy  asked  no  ascendancy  nor  any 
undue  share  of  patronage.  Should  not  all  parties  in  Nova  Scotia  liv( 
31* 


rii' 


'I    '! 


m 


^  i 


i* 


ill.:'!:, 

■I;1    ' 


^i(i- 

!:ii, 


n: 


u* 


^1 


'Wl 


son 


C'OLLi;(;i.\Tr:  kdication. 


J>    ! 


I  I 


't 


|i 


ill  pcMci,'  Mini  LTdod  feeling,  leiiv'm^'  the  di-ciis-ion  of  di^piiteil  to|)i('s  to 
llie  iiiillldiis  \v!i()  wei'c  interested  in  other  purls  of  the  world.  For  !i 
long  period  lOnghind  was  ("atholic,  and  (hiring  tliat  time  magna  charta 
and  trial  l»y  jury  were  grafted  on  tho  ]jriti.di  Constitution.  J.f)oking  to 
the  arts  of  life,  ])ainling,  s('nl[)ture,  architecture,  ho  could  (hid  excuses 
enough  for  those  who  dung  to  that  church,  although  it  was  not 
his  own.  Let  those;  wlio  sought  to  undervalue  that  body.  ]>oint  to 
men  of  higher  claims  than  Fenelon  or  Sir  Thomas  More.  AViiere 
was  there  a  more  devoted  missionary  than  Fi-ancis  Xavier,  and, 
coming  to  modern  times.  Father  ^latthew  ami  his  live  millions  of  disci- 
ples presentc'd  one  of  the  wonders  of  that  church.  He  said  this  not 
from  any  undue  bias  or  inlhience,  —  he  would  j)rove  to  the  contrary  if 
it  canu3  to  the  trial,  —  hut  he  would  not  he  induced  to  do  injustice  to  a 
people  because  they  were  not  of  his  mind.  Others  exhibited  as  much 
ambition  and  i)ersecution  as  Catholics;  and  if  they  were  to  have  a  pope, 
he  Avould  as  soon  have  one  in  Home  as  at  Ilorton;  if  persecution  was 
to  be  tried,  it  might  as  well  come  imder  solemn  pontificals  as  under  a 
black  coat  and  tights. 

Tliis  question  Iwouglit  Mr.  Howe  and  the  Attorney  General 
into  direct  antagonism.  Mr.  .lolinston  was  a  Baptist,  a  gov- 
ernor of  Acadia  College,  a  personal  friend  of  the;  leading  men 
who  were  anxions  to  build  u})  that  institution.  In  a  personal 
dispute  which  had  occurred  some  months  before  between  two 
of  those  persons  and  Mr.  IIowc,  he  had  volunteered  interfer- 
ence, which  many  of  that  gentleman's  friends  had  resented  as 
gratuitous  and  uncalled  for.  P'rom  that  period  there  had  been 
much  smouldering  ill-feeling  and  distrust.  Mr.  Howe  had  been 
severely  attacked  by  The  Christian  Messenger,  the  organ  of  the 
Baptist  body,  and  Mr.  Johnston  as  roughly  handled  in  the  lib- 
eral press,  supposed  to  be  more  or  less  influenced  and  controlled 
by  Mr.  Howe.  Neither  of  those  gentlemen  could,  fairly,  be 
held  accountable  for  all  that  was  written  and  said  by  their  mu- 
tual friends,  but  upon  the  broad  question  of  one  college  or  six, 
they  could  not  avoid  a  direct  collision  of  opinion. 

It  was  more  than  suspected  that,  although  Mr.  Howe  had 
hitherto  carried  the  govermnent  through  by  great  skill  and 
boldness,  his  exertions  and  liis  success  had  only  earned  for  him 
the  jealousy  rather  than  the  gratitude  of  his  colleagues.  Mr. 
Johnston  had  listened  in  silence  to  the  open  denials  made  in 


4'^  m  I 


':l"'i! 


COLLEOIATE   EDUCATION. 


3G7 


his  prosoncc  of  Iho  goncral  principles  frankly  concfHlcd  in  ihc 
lower  House.  lie  was  llie  intimate  friend  of  Mr.  Dewolf.  of 
whose  retirement  and  opposition  to  a  ineasun;  sanelionecl  l)y 
the  Cabinet,  it  was  shrewdly  suspected  that  he  a|)i)rovc(l.  He 
had  publicly  attacked  his  colleai^nie,  and  i^iven  counlenance,  in 
so  doing,  to  a  series  of  virulent  and  savage;  assaults.  All  this 
was  keenly  resented  at  this  period  by  ]\Ir.  Howe's  friends,  and 
by  none  of  them  more  deeply  than  by  myself.  When  the  pro- 
fessors of  Acadia  College,  who  were  Mr.  Johnston's  l)osoni 
friends,  took  tiie  field  as  politicians,  and  wrote  and  lectured 
publicly  against  the  govermnent,  it  was  inipossibl(>  to  make 
any  of  the  liberals  believe  that  they  were  not  doing  so  witii 
the  Attorney  General's  sanction.  During  the  summer  the 
educational  war  went  on,  and  the  excitement  was  not  aliated 
by  rumors  of  a  direct  proposition  made  by  Mr.  Stewart  to  iMr. 
Uniacke,  urging  him  "to  get  into  the  boat  with  Johnston,  and 
throw  Howe  overboard."  It  was  largely  inflamed  when  the 
Attorney  Cleneral  v<'ntured,  at  a  meeting  t)f  the  I^aptist  Asst)- 
ciatioii  at  Yarmouth,  to  stigmatize,  for  their  action  upon  an 
open  qu(>stion,  the  conduct  of  the  Parliamentary  majority, 
whereon  lh<;  government,  of  which  he  was  a  member,  rested  for 
support.  This  conduct  called  forth  a  very  indignant  letter  from 
Mr.  Huntington,  who  happened  to  bo  present. 

Lord  Falkland  visited  the  eastern  and  western  counties 
during  the  summer,  and  was  every wIuuh;  ^\'ell  received.  On 
his  return,  Mr.  Howe,  who  had  hitherto  made  no  attempt  tt) 
carry  by  excitement  his  peculiar  views  of  education,  thought  it 
was  his  duty,  as  Mr.  Johnston  )iad  addressed  public  bodies 
upon  it  in  one  or  two  sections  of  the  Province,  to  do  the  same. 
A  meeting  was  called  in  Halifax,  at  which  the  sectarian  college 
system  was  condemned,  a  series  of  strong  resolutions  being 
passed,  almost  without  a  dissenting  voice.  We  insert  Mr. 
Howe's  speech  on  this  occasion,  as  it  conveys  a  pretty  fair 
expression  of  his  general  views  upon  an  important  question  :  — 

In.steiul  of  moving  and  seconding  each  particular  resohition,  as  tlicre 
was  a  series  of  tlicm,  it  might  save  time  and  be  more  convenient  for  gen- 
tlemen to  s]icak  to  die  whole,  and  Uien,  if  acceptable,  pass  them  as  Jiad 


*iii 


?-i 


»  1 1 


fi 


3G8 


COLLEGIATE  EDUCATION. 


.'I..I  !i: 


Ih'  i'i 


■'r 


-iMJ 


illl 


:  ':'>'■ 


l- 


•y:  .iM 


■;i 


I    { 


boon  (lono  at:  ponio  of  llio  niootin^f-;  in  (ho  oomilry,  oi.  hhir,  Tii  looking 
round  tlio  room,  suiil  Mr.  IIowc,  I  so(!  many  "old  I'aniiliar  f'aoos,"  and 
natnrally  a-k  inysolf,  wliat  brings  tboin  hero  ?  Tbo  answor  is,  to  disonss 
a  groat  publio  ([uoslion,  and  to  snslain  tbo  view  ol'  tbat  (jiicstioii  taken 
by  tlio  ro|iros(.'nlalivos  of  onr  oonntry.  Tiio  IIouso  of  A«sonilily  at  its 
rooont  session,  baib  al'lor  ain[)b;  (U'balo,  solonndy  comb'innod  ibo  polioy 
borotolbre  pnrsucd  of  endowing  sectarian  eulb'gos  from  ibe  jinblic 
Iroasnry  ;  and  m  itli  a  view  to  negativ<',  if  possible,  liiat  deoision,  three 
meetings  liadl)oen  oalleil  in  tlie  inlorioi' — one  at  Yannontli,  one  at  Onslow, 
an<l  one  at  IJridgelown  —  by  some  of  the  parties  inlorested  in  oik;  of  those 
instiliilions.  These  meetings,  althongb  the  pnblishod  i)rooeodings  ■wore 
caloulated  (o  make  that  impression,  wen^  not  [(nblic  expressions  of  the 
opinions  of  all  .-eels  and  jjarlies  in  the  comities  where  they  were  held  ; 
they  were  meetings  oalled  umlor  the  ans])ioes  of  one  denomination,  in 
meeting-houses  belonging  to  iha!  denomination,  and  wer(>  attended  ehiefly 
by  its  mend)ers.  'i\)  meet  a  system  of  agitation  Avhieh  otliei's  bad  got  n[> 
was  the  obj<'et  of  this  meeting.  ^lel  it  should  be,  not  only  here,  but  if 
neoessary,  in  every  county  of  (Ik;  I'rovinee,  until  th(!  system  of  misrep- 
resentation resorted  to,  to  serve  a  2)ur[)ose,  was  effectually  exposed  and 
put  down. 

It  used  to  be  said  in  old  limes  that  there  were  no  agitators  in  Nova 
Scotia  but  the  relbrmers ;  that  this  was  a  (luiet  country  if  the  people 
were  only  let  alone.  1  was  anxious  that  the  great  ])arty  with  which  I 
hail  always  acted,  having  carried  in  the  main  the  iiiii)ortant  principles  for 
which  they  contended,  should  live  down  that  slander  and  cultivate  friendly 
feelings  with  those-  to  Avhom  they  had  been  formerly  opposed.  They 
have  lived  it  down,  they  have  held  forth  the  olive  to  all  who,  unmindful 
of  the  struggles  of  the  past,  were  disposed  to  labor  honestly  with  them 
for  the  advancement  of  the  country.  l)Ut,  as  it  appears  that  we  are  not 
to  have  peace,  it  is  our  duty  to  pre[)are  for  war  ;  as  it  ap[)oars  that  grave 
dignitaries  have  taken  up  our  old  trade  of  agitation,  it  may  be  as  well 
to  let  them  see  that  we  have  not  forgotten  it ;  since  they  are  disposed, 
as  in  times  of  old,  to  [)atronize  the  minority  of  the  Assembly,  it  may  be 
as  well  ibr  us,  as  we  have  ever  done,  to  give  to  the  majority  constitu- 
tional and  cordial  sn[)port. 

IIow  the  House  of  Assembly  liave  been  treated  at  these  meetings 
may  be  gathered  from  Mr.  Huntington's  letter.  That  gentleman  says, 
"I  have  been  thirteen  yerrs  in  the  Assembly,  and  I  do  not  recollect  a 
scene  where  any  person  has  been  held  up  to  the  scorn  and  indignation 
of  the  public  with  such  virulence  as  the  representatives  of  the  people 


COLLEGIATi:    EDUCATION. 


3G9 


were  iU  ihis  inccliii^'  (iit  Y;u'ini)iitli),  iirdlr^cdl^-  ;i  I'digioii-;  oiu'."  The 
qiiostioii  i'or  you  to  decide  lo-(l;iy  is,  Did  tin'  llniisc  di.'-erve  llii-;  trcat- 
iMciit.  even  Ircin  tiio-e  not  lidiiiid  l»y  tlicii-  .-.liitioiis  to  reaped  it-  elianie- 
ter  and  how  to  its  decisions. 

lldw  stood  the  ([iiestioii  at  tlie  last  session?  LookinL;  Itack  at  the  past 
history  of  the.  eouutry,  what  did  expei'ieiic(!  t(.'acii  ?  Tlie  college  at 
"Windsor,  I'ounded  in  17S'.),  had  hecn  in  operation  fif'ty-foiii- years.  It 
had  lieen  snppocted  l»y  one  of  the  most  wealthy  of  our  churehes  ;  it 
draws  .t'l.JSd  enrreiicy  per  aiiniini  iVoin  hcncvoicnt  >ocieties  and  contri- 
butors in  I'jigland,  and  yet  it  had  never  had  hut  two  or  three  professors 
and  fifteen  or  twenty  .studi'iits.  Taking  the  amount  which  King's  College 
now  receives  from  home,  ami  assuming  that  it  has  had  that  income  for  at 
least  half  the  time  that  the  seminary  has  been  in  oi)eration,  and  it  appears 
that  while  X'-'KijOOO  have  been  drawn  from  the  mother  coimtry  to  main- 
tain it,  £2  l.OOO  have  been  paid  from  the  I'rovincial  treasury.  And  yet, 
■with  all  this  lavish  expenditure;  the  institution,  placed  on  the  outskirts 
of  a  country  village,  and  combining  the  resonrces  and  attracting  the  sym- 
pathies of  but  one  denomination,  has  never  flourished.  Sometimes  it  has 
had  but  ten  or  twelve  students  for  its  |)rofessors  to  teach,  and  the  value 
of  its  honors  has  been  graphically  d<'seril)ed  by  tlu;  present  Solicitor 
General,  who  carried  them  oil",  but  who  found  on  presenting  his  degree 
in  England  that  it  gave  no  rank  and  conferred  no  honor  at  any  institution, 
naval,  military,  legal,  or  classical,  and  was  worth  no  mcn-e  beyond  the 
borders  of  the  Province  than  the  parchment  upon  whicli  it  w.as  written  ; 
because  the  college  which  conferred  it  was  unknown  ;  or,  if  known,  its 
inefficiency  was  as  notorious  as  its  existence.  Assuming  that  three 
Students  graduated  at  Windsor  every  year,  and  that  the  euriculem  lasted 
five,  each  student  should  cost,  mdess  I  have  made  some  very  absurd  cal- 
culation, i.'IOO  per  anninn,  and  X2000  of  public  and  private  funds  to 
finish  his  education.  This  was  the  ex[)erienee  M'liich  (he  House  liad 
before  it  with  regard  to  one  of  these  sectarian  colleges.  Let  us  turn  to 
another. 

The  I'ictou  Academy  was  (()nnded  in  IHK),  like  the  college  at  AViiul- 
sor,  in  a  small  town,  which  could  give  but  little  natural  sui)port.  It 
was  snstained  however  by  a  body  as  large,  as  liberal,  as  zealous  as  any 
that  is  now  rallying  round  any  mon;  moih-rn  institution.  It  had  its 
president,  its  attorney  general,  its  ])eripatetic  agitators,  and  its  newspa- 
per; and  yet,  with  all  tli<!se  resoni-ces,  after  a  sickly  existence  of  fifteen 
or  sixteen  years,  during  which  time  it  kept  the  etistern  counties  torn  by 
dissensions,  it  lina.lly  became  a  wreck   on  the  face  of  the    Province,  and 


'V 


1  fi'  I  ■ 
,   if,  ll '[ 


^fM 


I 


:"■  ■"'■  \' : W 


It:; 


H     II 


r! 


ino 


coi  i.KciATi;  r.nrcATiON. 


I'l 


W\ 


■J  '-i 


lliltl   III  lie  ,'|Ii;i|mIii||i'i|.        1 1 -;    \  ilirl'.'llili'     |i|r-ii|rli|     lia^    ;_'()lir     <ln\Mi    to    ||ir 

<:rii\t'.  vi'l  wlio  will  sMv  iIimI  lie  \\n<  Irl'i  \\\<  siijicfinr  cninirncil  willi  any 
til"  tlii'-c  iii'^liliiliiiii  licliiinl  liiiii  ?  Mr.  Aicliilialil  lia-;  now  nliird  I'rnni 
piiltlif  lil't',  yd  iiii  man  wlwi  frralK  liis  luiliiaul  >|iir('lir>.  -Iiiddnl  witli 
S('ri|iliir<',  and  i'<>ni|i!iinrnl^  In  old  niini^lrrs,  will  ailniil  llial  in  llial  liiu^ 
lie  t'vrr  can  liavc  an  t'(|nal.  I>lani'liai"d  lias  passed  awav,  Imt  will  we 
atlcniiil  III  coniiiarr  Ids  \  i^^i irons  |irn  willi  llial  ol'  anv  ol'  (lie  niodrrii 
scrililili'i-s  in  (:i\  (ir  ol' drniiminaliiinal  collcijirs  ;  or  plai'i'  llic  racy  \ilii|K'r- 
alion  ol'  Till'  Pii'loii  I'alriol  Inv-idr  llic  solcnni  nonsense  of  'i'lir  Cliris- 
lian  ,Mcss('nii;('r':'  All  llicsi-  iTsonrcrs,  I  repeal,  llu'  IMclon  cullet^e  liad, 
and  \i'l  il  Tailed  lieeanse  il  was  seclarian,  snpporleil  Iml  hy  one  reli'^ious 
liodv,  planled  aniidsl  :i  lliin  popnialion,  and  endowed  liy  liiniled  ami  ofleu 
preearions  t!;ranls.  Il  co^l  ils  friends  l',")(i(H>  in  privale  siihseriplioiiH, 
and  drew  alioni  i'SlXtO  from  ll'e  Ireasnry.  Tlie  <'()st  ol"  each  ifradiiatc 
inii:Iil  lie  i;;iven,  Iml  as  ."Mr.  YonnL:;  lias  puie  at  lari!;e  inio  llie  ,slali>lics,  I 
will  not  weary  yon  with  li^iires. 

nallionsie  ("olleije.  oriiiiiially  intended  to  Ite  sectarian  was  iiltinialcly 
made  so.  Il  appears  to  have  lieen  the  I'ali^  of  this  insiilniion  lo  have 
had  l"oi>led  into  its  manaLrcinenI  those  who  were  hostile  lo  ils  interesis; 
whose  names  were  in  ils  Iriisi,  Imt  whose  hearts  wei'e  in  other  instilnlions. 
These,  it'  they  did  nothiiiij;  aij;ainst,  took  care  to  do  nothin;ji;  for  il  ;  their 
object  was  to  smother  it  with  imliU'erence.  Snrronnded  hy  such  men, 
and  elollicd  with  a  seclarian  character,  t'or  twenly-lhree  years  il  stood  il 
nionnment  of  folly.  l'\)nrteen  thousand  pounds  were  expended  in  its 
(■  •,'ction,  the  very  interest  nixm  which  v.'onld  swcdl  the  cost  to  .l"o(>,(H)0  by 
this  time,  and  nevi'r,  till  ils  trnst.  and  its  chairs  were  thrown  open,  and 
(liere  was  a  cliance  ot"  its  lieconiinLi;  the  nucleus  of  a  valuahli'  Provinciai 
iiistitulion,  did  tlie  friends  ol"  liberal  education  rally  round  it.  Il  had,  till 
Doctor  McC'ulloch's  death.  Its  two  prol'essors  and  sixteen  students,  but  it 
was  and  is.  like  all  the  others,  far  from  being  in  such  a  stale  a^  the 
couihry  now  requires. 

Ae:idia  College,  found(Hl  in  lS-28  as  an  Academy,  has  ib-awn  from  the 
treasury  i'oO(\  and  latU'rly  i'  1  I  I  per  annum.  h\  thirteen  years  it,  has 
cost  the  country  about  i."  I.o0(\  and  the  peo[)le,  in  the  form  of  subscrip- 
tions, perhaps  .£•  ."i(X>  more.  It  has  two  or  three  professors  and  twenty 
or  thirty  students.  Ten  thousand  pounds  have  bei'u  expended,  yet  the  in- 
stitution is  in  debt :  and,  if  ils  jirol'essors  did  not  lecture  about  the  coun- 
try in  the  vaeation,  while  some  kind  friends  carry  round  their  hats,  and 
gather  miscellaneous  eolleetions  of  gold  rings,  yarn  stockings,  and  shin- 
gles, the  thing  could  not  be  ^nstauied  even  upon  its  present  footing. 


roLijiciATK  i;nrcATi<)N. 


Ml 


'V\\i'  Si.  Miiiy'-;  srmiii!iry  ;ri'<'w  ii;iliir!illy  <mi(  <i('  llic  sfrliiriMii  -v-liio, 
ii(»l  tliMl  llii-  ('.■illiiilics  WMiitcil  ii  ciillc;^!',  or  (ill  lliiil  llicy  wcrr  jilih'  Id 
Misliiiii  oik;;  lull  jh  lln'y  W'Ti'  laxcil  Id  in.'iiMliiiti  oilier  |iro|ilr's  liolihicJ, 
llicy  lliDii^'lil  liny  iiiiijlil  ;h  wi'll  li;ivr  one  ol"  llicir  own.  Il  will  In-  liipl 
ii|i.  ;mcl  iliaw  il-;  coiilriliiiliiHi  IVoiii  llic  Irca-iiry,  ha  Idii;^  jh  iIh'  >y-lciii 
l.'isls  ;  Iiiil  llic  o|)iiiioii  ol'  ils  |ii'iiii'i|i,'il  in  llivor  of  our  I'rnlral  colli';:;!', 
\va-<  (•\|iif--ril  Id  iIii'  cDiiiiiiilli'r  la-l  wiiili  T,  ami  iIm-  opiiiioiH  ol'ilic  limly 
may  In'  !j;alliriri|  fiDiii  llir  lad  llial  all  llirlr  rr|)ri'si'nlal!\rs  in  lln;  Iidiisii 

Volril   Id  alioli-ll   llic   |i|i'-c|||   >3-lcIll. 

Now,  i^ciillciiicii,  lici'c  \\a-  llic  cx|icriciii'c  of  lil'ly-roiii-  ycaiN  ol'  Mcla- 
riaii  collc;;('<,  ami  llic  I'csiill-;  of  ||ic-c  li\c  cxpciinicnl  ■,  licloic  llic  lioii~c, 
ere  il  look  llic  >|c|i  wliicli  il  wa-;  coinpcllcil  |o  lake,  ami  wliidi,  I  am  uc|| 
assiircil,  mil  o.ily  lliis  mccliii^j',  Iml  llic  l'ro\Iiicc  al  laiyc,  will  iillimalcly 
npiiruvc. 


ow    Icl    lis  COlllll    llic   CO 


-I 


Willilsiir  ('o]li';;i>  —  l'('o|,li!    of   Iji'jIiiiicI (JaC.UdO 

I'l'Dpic  III'  Ni)V:i   .Sioliil L' 1,(111(1 

Dalliolisii' I  1,(1(111 


I'irldll  AcMclciliy 
Ai'iiiIm  ('(iII('j;i'. 
St.    Mmiv's 


I  I  ,0(1(1 
Id. (MID 

li,(l(l() 


'rnlal C.lT.dlMI 


Here  we  liave  an  outlay  of  TUT,' UK  I,  iinil   If  we  adil    f.'iOOO  more.  I 


or 


llie  time  waslc'l  liy  llie  liCLrislaliirc  ii:  slril'c  ami  cDiilciilioii  aliDUl,  IIicm' 
scclariaii  collctxes,  we  liml  llial  llicy  have  already  cost  upwards  ol' 
.i'lOOjOUO,  while  iiol  one  ol"  llieiii,  a(  lliis  iriomciit,  is  de-erviiii^  lli<;  name 
of  CDlIe^xe,  or  can  ^ive  the,  cdiicalion  wliicli  llie  youth  oC  tlic  coimlry  d(!- 
luaml.  [A  person  in  llie  crowd  asked  iiow  many  acres  of  land  llial 
vould  have  cleared.]  IMr.  Howe  said  he  could  not.  (ell,  hut  (his  Ik;  mi;^lit 
pay,  (hat  lookiii,!!;  round  u|)(m  (he  i;reat.  a'j;ri  •.ullural  body,  avIiosc  sympa- 
thies had  been  appealed  to  in  ("avor  of  tlieso  .se    irian  institutions;  u]ioii 


tho.si?  whose  (oil  had  beaiitilied  tlii;  facti  ol' h 


IS 


ry,  and  made  the  wil- 


derness to  blossom  as  (Ik;  rose  ;  and  who  had  car.,  -d,  by  (he  sweat  of  their 


y 


iimr 


brows,  the  larger  jiart  of  the  money  thus  foolishy  expended  ;  looki 
round  upon  that  largo  class,  he  eould  scarecdy  find  two  siieecssCul  farnK.'rs 
who  had  graduated  at  these  institutions,  although  thn-c  of  them  had  been 
planted  in  rural  districts,  and  one  of  them  had  stood  in  the  midst  of  an 
agricultural  people  for  fifly-four  years. 

So  much  for  the  past,  but  what  was  the  jjresent  aspect  of  the  (pic-tion 
when  the  House  was  called  upon  to  deal  with  it?     Were  the  persons 


.«, 


il 


f: 


i. 


!  r 

l;^[ 


r 


'■Hi 


( il 


■.! 


Wj.: 


■:  III 


MM 


';?'? 


j'ir 


'!'    . 


!      ,1 


372 


COLLEfllATn   KDUCATION. 


wilt)  liail  .-ii>l;iiii(<l  llii.-' systt.'iii  ami  >|)iiit  lliis  iiioiicy.  siiti-lii'd  ?  Some 
of  tliciii  were :  otiici's  were  imt.  Tlir  I  liiirdi  paily  were ;  lli'y  askot! 
only  (i)  lie  1(1  aloiit'.  Tin'  ("alliolii's  wcii-  (|ui('t.  Tlic  Iri'Miils  ol'  Dal- 
liousic,  lliaiikliil  Ini-  till'  lioiinly  ol'  the  f<c^i>Iatiii"»',  were  ciidravoriiiL;  to 
iviiovatc  tlicii'  iii-lilnlion.  IJiit  llicrr  were  slill  llirt'<'  n'li;:i()iis  i)(i(li(.'s  in 
till'  licM.  Tiic  I'rc-liytfi'ians  ot'  I'ictoii  canK'  ioruard.  and  ilcnian'lcd 
i' 1  I  I  a  yrai,  to  I'cvivc  llic  Tii'loii  Acadciay,  and  itoldly  stalfd  tliat. 
Mliilc  (illirr  I'l'li^ioiis  liodk's  got  llial  sum,  llicy  would  lake  no  Ic-s.  'I'lic 
]ML'tliodists  a-kcd  aid  I'oi- an  in-liimion  at  Sa<'kvilk', and  this  I  may  say  I'or 
tlii'iii.  I'lal  llicy  pressi'd  tlu'ir  claims  with  moderation,  and  wvw  salisliod 
with  what  tlicy  received.  UcsidL's  llicsc  two  new  pai'lics,  tlifrc  wciT  (Jiir 
old  iVii'iiil-,  till.'  15apli.-l  Kdiication  Connnittcc,  who  nol  satisfied  with 
their  grant  having  hoen  raised  to  £  1 1 1  the  previous  year,  came  forward 
and  demaiidnl  t'l(Mfi)  to  add  to  the  Imildiiiiis  of  Acadia  Colleao! 

The  amiiial  cost  of  the  foni-  institutions  already  in  existence,  wa> 
X'l,72<i.  drawn  from  the  treasury,  to  say  nothing  of  the  su'iis  raised  hy 
the  peo[)le  of  lOngland  and  of  this  Province.  Now  what  were  we  asked  to 
do,  in  extension  jind  perpetuation  of  this  sectarian  system?  Had  we 
continued  it.  the  I'ri'.-byterians  must  have  had  flieir  ,f  I  1<>,  and  the 
Methodists  coidd  not,  their  j)ride  AVould  not  allow  them  to,  take 
less;  anil  the  15aptists  would  have  got  their  £1000,  so  that  we  were 
asked  to  add  I'l.NHO  to  the  grant  f)r  colleges  this  year,  making  t".'],()00 
instead  of  .1"1,72<>;  and  to  make  tlii'  permanent  charge  ,1'2,G0(',  leaving 
several  small  sects  still  unprovided  for,  and  no  jirovision  made  l()r  the 
fluctuations  of  religions  oi)inion.  Seven  thousand  pounds  is  all  that  the 
Legislature  can  afford  to  sujjport  common  schools;  all  that  the  twenty- 
iive  thousand  children  of  the  poor  and  middle  classes,  who  are  educated 
ut  them,  cost  the  treasury  is  about  ■')s.  Id.  each,  and  y(!t  we  were  asked  to 
give  to  sectarian  colleges,  educating  hut  eighty  students,  a  sum  exceed- 
ing half  the  whole  common  school  allowance,  and  to  swell  the  amount 
which  each  of  Ihem  received  from  public  and  private  sources  to  about 
£lo  a  piece.  Could  we  do  this,  and  yet  hold  \\\)  our  heads,  and  look  the 
people  of  Nova  Scotia  in  the  face  ;  yet,  because  we  would  not  do  this, 
grave  professors  and  politicians  travel  about  the  country  to  abuse  us. 

What  did  we  do?  Looking  to  the  past,  with  its  experience  of  iifty- 
four  years,  and  its  enormous  waste  of  money ;  looking  to  the  |)resent, 
with  its  demand  for  the  creation  of  two  more  colleges,  and  the  extension 
of  another,  we  saw  it  was  necessary  to  call  a  halt ;  to  count  the  cost,  to 
break  up  the  system,  because  we  saw  clearly  that,  by  taking  one  of  the 
institutions  which  had  a  partial  endowment,  we  could,  for  £800  or  £1000 


i^!i!t'|ii 


^■m\}; 


COLLEOIATK   EDUCATION. 


373 


o«lal)li--Ii  !i  rc'pr  (iilil''  iiiiivcisiiy.  Tlicn'  were  other  reasons  wliiili  in- 
flneiieed  llic  deei-iioii  of  tin',  Le;j;islaliire  lie-ides  tlie  mere  (lUestiou  of 
rnoiK'v;  we  >,i\v  thai  ilie  -ectariaii  system  was  poisoiiiii;^  social  and  public 
lile.  Wi'  rememlM  red  tlmi  ijie  I'ictoii  Academy  di<i»iites  had  \vaste(l  tho 
time  of  the  l,eL'i>latiire.  and  lasted  lonirer  tiian  the  Trojan  war;  we  saw 
fli(>  profc-.-oi's  of  another  in-tilnlioii  reduced  to  the  necessity  of  hecoming 
itinerant  lectiu'ci-s  and  political  airitators ;  we  saw  comhinat ions  forming 
to  f'xliaii-t  the  treasury,  and  tnenacethe  independence  of  (he  I^egislaturo; 
we  saw  liiat  ihesi'  sectarian  colle'_re>,  instead  of  hrdnj^  the  ahodes  of  Icarn- 
injjf.  and  the  depositories  of  a  i-etinin^r  spirit  and  a  rational  jihilosopliy, 
were  like  feudal  ca>tles  in  the  olden  time,  each  the  rallying;  point  of  :i 
party  who-c  only  ohjeci  was  lo,<frenL:then  their  own  position,  amioy  their 
neifilihors,  and  levy  contrihiitions  on  the  puldic.  These!  wore  tin;  aspects 
of  the  past,  the  pre-;e)it.  and  the  future;  and  siii'veyini,'  them  calmly, 
after  ample  ileliheration,  we  pa»se(|  that  luemoralde  resolution,  which  I 
believe  will  not  only  find  an  ccIkj  in  this  meetinj^,  but  in  the  hearts  of 
four-fifths  of  the  people  of  Nova  Scotia. 

l»ut  it  has  been  said  that  we  committi'(l  a  bri'ach  <tf  faith.  A  breach 
of  faith  !  (()!•  a  Lcifislatiu'c,  informed  by  exporioncc,  to  abandon  a  ridicu- 
lous systi.'m  and  LTo  back  to  soiiiid  principles!  As  well  miulit  ])erson3 
who  had  taken  stock  in  the  canal,  or  built  upon  its  liiie,  com|)lain  of  a 
breach  of  faith  because  the  Le;j;i~Ialui-e,  (indiuir  that  it  had  waited  twenty 
or  thirty  thousand  pounds  in  a  premature  or  impf)lilic  undertakiuij:,  ro 
fused  to  grant  any  more  money.  The  Legislature  Ibi-merly  gave  whaling, 
scaling,  and  salt  bounties,  and  many  persons  eml)arked  projxu'ty  in  tho 
fishcrio?!  in  consetiuence ;  l»ut  whoevci-  doubted  the  right  of  the  House  to 
discontinue  these  grants,  or  complained  that,  to  avoid  a  l)reacli  of  faith, 
it  ought  to  throw  the  money  it  bad  after  that  which  had  been  already 
wasted.  Every  new  road  that  is  opened,  every  old  one  that  is  altered, 
changes  some  man's  prospects  or  injin-es  some  man's  property;  but  do 
the  Legislature  commit  a  breach  of  faith  when  they  consult  iIk;  general 
interest  even  to  the  injiny  of  a  limited  number?  The  return  to  specie 
payments  changed  the  relation  of  properly  to  an  enormous  extent,  and, 
for  the  time,  seriously  injured  many;  but  was  it  a  breach  of  faith  for  the 
Legislature  to  break  up  a  wretched  curri'ucy,  and  get  back  to  a  better 
system?  The  incorporation  of  Halifax,  the  great  changes  in  the  general 
government  of  the  country,  all  varied  the  jirospects  and  calculations  of 
parties  interested ;  but  surely  there  was  no  breach  of  faith  in  these 
changes,  or  in  the  passage  of  the  resolution  which  has  called  forth  these 
familiar  illstrations  of  an  argument  most  fallacious  and  unsound. 

32 


■H 


J    'A', 


mM 


1 ' 


!'    I 


}  i 


fMtl 


5  ir:»i    V'.    .' 


f-;i 


ft  ml 


374 


coi.LKniATK  rnrcATioN. 


lint,  if  is  sni<l  liiat  lln'  iicoitlr  liml  |n'illiniii'ii  in  liivor  dt'  llif  •^y-lrm. 
mi'l  llitrr  ucir  IK)  |M'iiii(ni-t  iiL'aiiixt  it.  Xuu,  l<i  il  Im'  uli-i  tnciI  iIi.ii  mII 
tlu!  itctilionciN  ill  I'lnnr  (pftln  M'l'iMi'iiiii  iii>liliilioii-;  wri'c  duly  iiliniii  ri'_rtii 
tlioiisaiid  ;  luit  liiill'  tlii'  |ii)|iiil:iii(iii  ot'tliis  city,  not  a  tiiinl  ni'  ilir  |in{iiil;i- 
tion  ol'lliis  cKimty,  less  than  llif  |Mi|iiiiati(»ii  ot'aiiy  I'diiiity,  and  not  almvc 
one  lliirty-rij^iitli  of  llic  iiilialiitaiits  ol'  the  I'ruv  incc.  Shall  it  In-  said. 
tlion,  tlirtt  wi',  who  iTpn'-i'iiti'd  not  only  thai  |ioi'lion  of  iJic  |)cn|i|i'  who 
liad  |iclilioii<'d,  Init  the  oihrr  tliirly-~(\  en  |)nilioii>  hcsidrs,  had  iioi  a  ri^dit 
to  say,  wlicii  tlioroiiirlily  t'on\iiM'i(|  that  ihr  <\«lfiii  wa-^  injiirioii-.  that  it 
slioiild  have  no  end  'f 

Another  (.'oiiiplaiiit  nr^i'd  airain-t  ihe  lloii-c  of  A--riiilily.  and  I  wi-li 
to  take  tliom  in  tlioir  order,  so  far  as  _iiiy  nienioiy  >ei'vi-;,  is.  thai  we 
rc'ftise(|  to  hear  the  aueuls  of  oiic  of  the-e  ('ollc;rcs  hy  conn-el  at  (he 
bar  of  the  House.  We  did  -o.  One  would  sn|i|)o»e.  from  llie  outcry 
raised  on  tliis  point,  thai  the  AssemMy  can  exercise  no  disci'etion  in 
grantiiijj  this  privilcLre  ;  that  it  is  one  l'r<Miiiently  deiiiinided  and  enjoyed. 
JIow  often  does  the  nieetini:  suppose  tiiat  it  lias  been  jrrant<'d  within  tlio 
hi.st  fifteen  years  ?  Unt  twice;  once  when  Doctor  McCiillocli  and  the 
present  Speaker  .appeared  on  opposite  sides  in  one  of  ihe«e  sectarian 
coUcgjo  disputes,  and  oiiee,  when  ISIr.  ('rawley,  one  of  the  Vi'vy  parties 
who  now  complain,  was  a(hnitted  to  the  har  to  plea<l  for  his  own  in^litu- 
tion.  So  that  all  the  j^reat  ipiestions  liavt;  heeii  <liscus>cd  and  decided  ; 
all  the  f^reat  interests  of  the  country  liav(^  been  varied  op  inllueiiced, 
from  time  to  time,  and  yel  everyhody  else  has  heen  satislieil  with  iWo, 
discussion  on  the  fhxn-  of  the  House,  hut  the  parties  connected  with 
these  sectarian  colle!j;es.  Does  the  House  of  ('ominous  ^n-aiit  this 
privilei^e  whenever  deinand<'d?  on  (]n<vstions  .'iirectinj;  private  riiflits  it 
sometimes  does,  on  great  questions  of  puhlic  policy  very  rartdy.  It 
lately  refused  to  hear  millions  of  corn  law  repealers  hy  coiin-cd  at  the 
bar,  because  it  had  already  decided  upon  tln^  <pi<'stion.  Why  did  we 
refuse?  INIr.  Iluntinj^ton  has  statc^l  two  of  the  reasons  ;  the  House  had 
already  decided,  and  it  was  very  late  in  the  session.  There  Avere  other 
reasons,  also.  Four  persons  craved  to  be  heard  by  couns(d  at  tlu!  bar. 
One  of  these  was  a  member  of  the  lIous(,>,  wdio  could  make  himself 
heard  within  the  bar  whenever  he  pleased ;  he  had  spoken  frequently 
on  the  question,  and  if  there  Avas  any  thing  left  unsaid,  he  might  have 
made  a  speech  every  hour  of  the  day.  Was  it  reasonable  then,  for  him, 
who  had  been  sent  there  to  speak  for  the  peoi)le,  to  ask  to  have  his  sen- 
timents conveyed  to  us  through  a  legal  or  literary  speaking  trumpet  at 
the  bar?  Another  of  the  complainants  was  a  member  of  the  upper 
House,  and  I  think  I  may  ask  if  it  is  usual  for  the  Peers  to  be  asked  to 


iliiite  ir 


c'oLi.ixii.vTi;  i:nucATioN. 


375 


Im>  Im'iii'i),  nil  ,'i  i|iir<liiiii  of  |iiililic  policy,  ill  till'  liar  of  IIh'  Ilmi-i'  ul' 
C'uiiiiiiutiHi'  Tlial  ;{t'uili'iii:iii  cmiiIiI  liavi-  pit  up  in  lii^  placi'  in  llir  !.•  ^is- 
liUivc  CoiiiK'il,  iiini  il('li\)'i-('i|  lii>  .-t'liliiiii  iii>  tVct'ly,  iiml  it'  Ik  IuhI  iiiaili; 
a  >^it{){\  «jict('Ii,  a>«  Ik'  very  likrly  wmilil  lia\i'  ilniic,  it  \<  pnilialilf  llial  llic 
uicnilii'i-^  of  ill)'  lower  lloiisf  woiilit  liavr  i^'oiw  up  and  liranl  liini.oi'  tliat  it 
uonlil  liasc  liciii  L'ivtn  lo  n--  in   Tlir  .Mornin;^  I'o-t  iiir  oni-  j^rnrral  ccjili- 

caliou.      I  iliinlv  you  will   a^^i uillinif,    ilicicroi'r,  llial   tlir-r  two  indi- 

viilnals  have,  on  this  .>corc,  very  liiilc  i-uiisf  of  complaint.  Ol'tlit'  uIIkt 
two,  one  Wiis  a  prolcs-or  who  liail  itccn  writing-  ami  Icctni'in;;  on  llic  miI)- 
jei't  all  winter,  ami  one  was  ilie  editor  ol'  'I'lir  Clni-iian  Me->cnger,  who 
cuuKl  I'asor  the  world,  and  had  lasond  it,  wiiii  his  opinion  on  colleirivs 
ulmosit  every  week.  I5(«idi-.  thcic  wa-^iln'  lc.-s  rca>on  for  heariiijj;  thest! 
jtcrsous  at  the  har,  ht'eaii.-e  they  had  jire-enied  a  memorial,  only  a  short 
time  bel'ore,  foiu'  column^  Ioiilt,  aruuin,:^;  the  t|iiesiion  in  all  its  hearings, 
Tiic.M',  then,  were  good  rea-on-,e\en  if  there  had  h.cii  no  others;  hut 
tlicrtj  was  another.  No  sooner  had  the  Ilonsi^  pa->ed  llie  resohitioii, 
than  one  ol"  tlie.~e  \ery  parlie-'  had  attached  ihe  majority  who  .-u-lained 
it,  and  another  had  insulte(l  tin'  llon-e,  collcciividy  and  individiially,  hy 
Uccdaring  that  there  was  not  talenl  or  information  in  it  to  deal  with  tho 
quoslioi!.  ruder  idl  the>e  eircuiii-«tances,  I  static  fearlessly,  thai  il'  iho 
lloiijc  had  [)ermitle'd  ihe.^e  parties  lo  appear  at  the  har,  they  woidd  have 
reduced  themselves  to  the  lowest  jioint  of  degradation. 

Besides,  there  were  >i\  parties  to  the  setlli'inent  of  this  (ine>lion;  the 
Chureh,  the  INlelhodists,  the  Catholics,  the  Preshyleritins,  the  lnde|)end- 
\  the  l]apli.-.ts;  the  latter  only  asked  to  he  hetird  at  the  har,  all 
iti.>lied  to  he  heard  on  the  floor  of  the  House  throutrh 


cut.- 


aiK 


the  others  wer< 

those  uho  participated  in  their  o[iinions.  And  here  I  may  as  well  an- 
.swer  a  ([iie.^tion  which  has  i)een  a~ke(l  of  iMr.  llimlington,  ''Who  are  the 
Independents?  "  1  answer,  tlu'  friends  of  u  broad  ami  liberal  system  of 
colh'giatc!  edncatioii,  i'ree  from  sectarian  influence  and  control.  We  are 
the  Indei)endenls ;  and,  hcfijre  (his  agitation  ceases,  it  will  he  foiuid  that 
we  are  ii  pretty  large  sect  in  Nova  Scotia,  not  ashamed  of  our  name, 
and  able  to  light  for  our  ol)inion^ 
Anoll 


ler  cliariic 


lias   Ijcen  ni 


luIc  which  reqninjs  some  notice  at  my 
hands.  It  was  asserted  at  Yarmouth,  by  grave  digniiariijs,  nay,  even,  I 
believe,  made  the  subject  of  a  resolution,  that  some  individual  had  ridi- 
culed ami  laughed  at  the  professors  of  Acadia  College  *'  in  their  ab- 


sence."    As  I  presume  this  was  meant  i 


or  mo 


m 


iiy  as   well  plead 


guilty  to  the  charge,  and  confess  to  having  ke[)t  the  House  laughing  for 
an  hour  at  these  grave  professors  ;  I  should  liav(!  taktm  that  liberty,  ev 


en 


if  they  had  been  on  the  floor  of  the  House.     But  is  it  so  great  a  crime 


■  h' 


H 


^l 


.'^   i.',-' 


376 


COLLEGIATE   EDUCATION. 


M 


wi 


to  laugh  at  and  abuse  people,  who  either  have  not  the  power,  or,  at  (he 
inoiiu'iit,  tlie  riglit  of  rcpl}' ?  I  hav(i  often  gone  iiilo  a  court  ol' justire 
and  seen  a  lawyer  torture  a  jioor  ureleli  in  a  witness  l»o\,  whose  only 
oftenee  was,  an  anxiety  to  tell  the  truth  ;  and  1  liavc^  ajjain  and  again 
seen  him  overwhelm  some  eitizei',  whom  the  rules  of  eourt  forhade  to 
open  his  nioutli,  with  ridicule,  contumely  and  invective.  WIhmi  1  have 
seei'.  all  this,  ami  reflected  that  it  \t-as  done  I'or  hii-e,  and  that  the  only 
reason  why  it  was  done,  was  because  tlu^  party  iloing  it  iiad  not  been 
feed  on  the  other  side,  I  hav»!  come  to  the  conclusion  that  to  ridicule  and 
abuse  jieople,  who  deserve  it,  is  not  so  great  a  crime.  [Tiic  Solicitor 
General  laughingly  observed,  that  there  was  no  scjctarianism  m  court ; 
mid  Mr.  Ilowe  rei)lied,  in  the  same  tone,  that  wlienever  jierson  attacked 
him,  he  should  take  the  liberty  of  doing  for  fun,  what  others  did  for 
money.]  But  he  was  well  aware  that  the  respect,  the  strong  attach- 
ment, which  many  in  that  meeting  entertained  for  him,  could  oidy  be 
preserved  by  his  being  able  to  show  that  he  only  used  those  Aveapons  in 
cases  of  necessity.  The  (question  was,  had  there  not  been,  on  tiie  part 
of  those  who  complained,  not  oidy  the  ilrst  aggression,  but  most  ample 
provocation?  Down  to  the  autumn  of  1812,  said  ^Ir.  Howe,  I  never 
spoke  or  wrote  one  line  in  public,  attacking  any  of  the  proi'essors,  and  I 
argued  the  question  of  colleges  solely  on  public  grounds.  In  the  spring 
of  that  year  six  or  seven  letters  appiiared  in  the  author;  jd  organ  of  the 
Baptist  body,  over  a  signature  which  one  of  the  proles.-  rs  iiad  used,  in 
which  Mr,  Young  and  myself  were  assailed  in  a  most  Mchristian  and 
vindictive  spirit ;  our  motives  impeached,  and  our  pu  ic  ehariicters 
blackened  with  misrepresentation  and  falsehood,  for  nc  other  reason 
than  because  we  had,  in  the  previous  winter,  spoken  a  i  voted  inde- 
pendently on  the  (juestion  of  colleges.  My  friend,  Mr.  Lunand,  called 
my  attention  to  these  letters,  and  urged  me  to  reply,  l)ut '  lid  not.  I  told 
Lim  to  wait  awhile,  that  there  we're  nioio  wliere  those  amc  from,  and 
that  my  time  would  come  by  and  by.  1  Avas  right ;  suu. .  iiently  I  was 
assailed  by  two  otiier  individuals,  upon  personal  grounds,  and  then  I 
gave  them  their  deserts ;  but  you  will  observe  that  I  took  no  part  in  any 
public  discussion  with  any  person  connected  with  the  Bajjtist  body, 
for  several  months  after  Mr.  Young  and  myself  had  been  traduced  in 
their  official  organ.  Yet  these  are  the  people  who  complain  of  being 
laughed  at. 

But  further.  In  January,  when  the  strongest  stems  in  my  family 
circle  were  falling  around  me,  when  I  could  not  leave  home  for  self- 
defence,  and  when  a  contest  with  any  persons  that  could  be  avoided  was 
not  only  unbecoming,  but  almost  impossible,  from  the  weight  of  sorrow 


COLLEGIATE   EDUCATION. 


377 


Jiat  pressed  upon  ine,  wliat  did  these  profesrior»  do  ?  "Why  they  asi?em- 
bled  a  meeting  in  the  hack  -wodds  (jf  vViniaiJolis  eonnty,  and  lliere,  amidst 
those  who  knew  no  better  and  to  wliom  their  word  was  huv,  strove  to 
blaeken  my  eharaeter  in  "  my  absence  "  by  every  description  of  mean 
falsehood  and  misrepresentation,  and  sent  tlieir  emissaries  to  carry  their 
slanders  to  the  head  of  th(;  government,  llesides  all  this,  only  a  week 
before  I  made  tiie  speech  of  whieii  these  people  now  complain,  Mr. 
Crawh'y  had  i)id)iished  a  letter,  aimed  at  me,  fall  of  iIk;  gall  and  bitter- 
ness of  a  malignant  and  nnchristian  disposition  ;  then  it  was  that  I  drew 
the  thong  and  laid  it  upon  the  >honlders  of  these  gentry,  and  made  them 
understand  the  difference  between  a  packed  audience  in  th(^  woods,  and 
a  deliberative  body  in  tlie  capital,  between  tiie  I'arliament  of  Xova  Sco- 
tia and  that  of  Nictaux.  1  do  plead  guilty  to  making  the  House  laugh 
at  them,  and  if  necessary,  I'll  do  it  again.  Let  me  not  suppose  that 
their  being  stuck  up  in  professors'  chairs,  gives  them  the  right  to  fire 
their  pop-guns  at  people  witliout  retaliation. 

But  it  is  said  I  com|)ari'(l  them  with  truckmen  and  mechanics.  Let 
me  explain.  One  of  tliese  professors  had  (piestioned  the  (pialilications 
of  the  members  of  tiie  House  of  Assembly,  freely  chosen  by  the  ])eople, 
to  deal  with  a  pidjlic  (piestion  in  which  he  happened  to  he  interested. 
"Was  it  not  comj)eteiit  for  me,  by  a  H/w  sim[)le  contrasts,  to  bring  him  to 
his  senses,  and  question  his  (pialifications  to  jironounce  such  a  sweeping 
opinion?  I  said  I  would  go  down  into  the  Sijuare,  and  take  a  man  off 
his  market  cart,  who  should  teach  these  professors  ])hilosophy;  and 
when  T  name  3L".  Titus  Smith,  is  there  a  person  in  this  audience  who 
will  dispute  the  fact?  I  think  you  will  agree  that  not  oidy  could  he 
teach  ihem  much  of  which  they  are  ignorant,  and  that  should  be  taught  in 
a  College,  but  that  he  has  forgotten  more  than  either  of  them  ever  learnt. 

I  said  I  would  find  a  shoemaker  their  e<pial  in  mathematics;  the  sight 
of  a  face  in  the  crowd  reminds  me  that  I  might  have  add<'d,  and  a 
farmer  also;  and  whoever  knows  lien  Dawson  or  Adams  Archibald 
knows  that  I  speak  the  truth.  I  might  have  gone  further,  and  challenged 
cither  of  them  to  deliver  as  neat,  as  copious,  and  beautiful  a  course  of 
lectures  on  chemistry  ai  their  college,  as  Mr.  ]\IcKiiday  gives,  every 
winter,  at  the  Mechanics  Institute,  for  nothing. 

Gentlemen,  there  was  one  tldng  said  which  may  have  seemed  pre- 
sumptuous,—  that  1  thought,  from  the  temper  they  exhibited,  even  I 
could  open  the  sacred  volume,  and  show  that  they  had  misconceived  its 
spirit.  I  may  have  been  wrong,  but  yet  when  I  comi)are  these  peripa- 
tetic, writing,  wrangling,  grasping  professors,  either  with  the  venerable 
men  who  preceded  them  in  the  ministry  of  their  own  church,  or  in  the 
32* 


m 


;;tpr 

ni 

I 

r 


■ !  !■  ,1 


:i:f' 


nc 


If  r 


378 


COLLEGIATE  EDUCATION. 


advent  of  Chrlstianily,  I  cannot  but  come  to  the  conclusion  that  either 
one  set  or  the  other  have  mistaken  tlie  mode.  Take  all  the  Baptist  min- 
isters from  one  end  of  tlut  Province  to  the  other  —  (he  Ilarclings,  the 
Dimocks,  tlie  Tupjiers,  —  take  all  tliat  have  passed  away,  from  Aline  to 
Burton  ;  men  who  suifercd  every  pi-ivation,  preaching  peace  and  con- 
tentment to  a  poor  and  scattered  population;  and  the  -whole  together 
never  created  as  much  strife,  exhibited  so  paltry  an  ambition,  or  de- 
scended to  the  mean  arts  of  misrepresentation  to  such  an  extent,  in  all 
their  long  and  laborious  lives,  as  these  two  arrogant  professors  of  phi- 
losophy and  religion  have  done  in  the  short  period  of  half  a  dozen 
years. 

Let  US  suppose  that  the  A))ostles,  instead  of  going  about  preaching 
the  word  over  the  Roman  empire,  had  set  themselves  to  work  to  build  a 
college,  and  sought  from  the  Senate  an  endowment,  that  they  might  be 
stuck  up  in  professors'  chairs ;  suppose  that  they  had  been  refused,  or 
had  not  obtained  what  they  thought  sulficient,  and  that  straightway  they 
had  got  up  meetings  to  defame  the  Senate,  and  had  exhibited  the  temper 
and  the  spirit  of  these  men  of  modern  days,  what  would  have  become  of 
Christianity?  A  school  might  have  arisen,  or  an  academy  been  founded, 
but  where  would  the  vital  spirit  of  Christianity  have  tied?  But  did 
Peter,  and  Matthew,  and  John,  do  these  things  ?  No ;  but  what  did  they 
do?  They  imitated  their  master;  they  exhibited  to  the  astonished  gaze 
of  the  Roman  people  a  philosophy  which  put  to  shame  that  of  all  the 
schools,  acad(;mics  and  colleges  of  the  day ;  a  love  of  truth  which  no  sel- 
fishness could  bend  ;  humility  so  perfect  that  the  willing  heart  volun- 
teered its  reverence  ;  a  cliarity  and  self-sacrifice,  the  law  o(  which  Avas 
brotherly  love.  Evidence  of  all  this  is  to  be  found  in  a  book  which  a 
child  might  open  at  any  page,  and  put  these  clerical  agitators  to  shame. 

But  it  has  been  said,  one  college  will  be  more  expensive  than  six.  If 
so,  as  was  avcU  said  by  one  of  our  friends,  why  did  they  not  build  six  ? 
Six  log  houses  could  be  built  for  less  than  this  hall  cost ;  and  six  houses 
like  this  could  be  erected  for  the  price  of  tlie  Province  Building.  The 
value  must  decrease  as  the  number  increases,  assuming  a  limit  to  the 
funds.  But  take  either  Windsor  College,  or  Dalhousie,  which  has  prop- 
erty and  permanent  endowments,  and  it  is  clear  that  with  a  grant  of 
£800  a  year  from  the  Legislature,  an  institution  e([ual  to  the  wants  of 
the  wliolc  Province  can  be  maintained.  Mr.  Yf)ung  has  exhausted  the 
statistics  of  the  question  ;  his  calculations  and  mine  may  slightly  differ, 
but  in  the  main  they  lead  to  the  same  results.  Take  Dalhousie  College, 
which  has  permanent  buildings,  and  £100  a  year  in  rent  to  keep  them 
in  repair. 


COLLEGIATE  EDUCATION.  379 

Invest  its  funds  nt  six  per  rent,  ami  you  liavc .£(500 

One  huudrod  students  at  £S  or  ci;;hty  at  .£10  will  give 800 

Endowment 800 

£2,200 

Profcs.sor  of  Moral  I'liilos(i|iliy  and  Rlictorie £400 

"  Grecii  and  Latin SOO 

"  Chemistry  and  Natural  History 200 

"  Natural  riiildSdphy  and   .Matliematics 200 

"  History  and  rulitical  Kcononiy 200 

"  Modern  Lan,trinif,'i's 1  TjO 

"  Law 100 

"  Medicine 100 

"  Library 200 

"  Museum  and  Apparatu-s 200 

£2,050 

Here  we  have  llio  Avliole  college  supportec!,  with  a  surplus  of  £150, 
the  Legi.-?laturc  being  ealled  on  for  but  £800  instead  of  £2,G  10,  or  £3,000, 
when  any  of  the  sectarian  colleges  want  wings,  and  the  peoi)le  not  being 
asked  to  subscribe  one  farthing.  15i;t  suppose  the  students  are  not  so 
numerous  at  first,  then  a  few  hundred  pounds,  raised  by  the  friends  of 
liberal  education,  would  easily  make  up  tlie  deficiency. 

Tl'icse  calculations  cannot  be  disputed  —  they  cannot  be  overturned; 
and  when  paraded,  as  they  shall  be,  before  the  people  of  Xova  Scotia, 
will  carry  conviction  in  s[)ite  of  the  misrepresentations  that  have  been 
diffused. 

But  it  is  said  the  dilfercnt  religious  bodies  want  their  divinity  taught. 
They  should  have  it.  By  our  plan  it  will  cost  each  but  £100,  or  at 
furthest  £200,  a  year;  by  theirs,  if  eacli  church  is  to  maintain  a  college, 
the  expense  must  be  at  least  £1000  a  year,  id'ter  £5000  has  been  in- 
vested in  buildings  and  properly.  By  our  plan  each  religious  body 
would  teach  its  divinity  without  being  harrassed,  as  some  of  tliem  are 
now,  for  e.Ktravagant  contributions ;  £S(>0  instead  of  £2,00<)  would  be  the 
moderate  grant  from  the  treasury  ;  we  should  have  eight  professors  in- 
stead of  two,  and  peace  in  place  of  strife. 

But  then  the  vice  and  immorality  of  Halifax  are  such  that  no  boy  13 
safe  in  coming  here  for  his  education!  I  must  say  it  is  strange  that 
those  who  have  lived  among,  and  grown  wealthy  from  the  industry  of, 
the  citizens  of  Halifax,  should  thus  paint  them  to  the  country.  It  is 
unusual  for  birds  to  foul  their  own  nests.  But  I  ask  those  who  utter 
these  things  to  show  me,  within  the  bounds  of  Europe,  one  collegiate  insti- 
tution of  any  name,  or  standing,  that  is  not  in  the  midst  of  a  city  more 
populous  than  Halifax.     If,  then,  the  boys  of  the  whole  world  ai'c  sub- 


1"  1 1 


II  '.ii 


i'B\: 


1 ,  i ! 


I  I 


! 

i 

' 

*: 

'-! 

I 

)' 

1 

ff  il 


^     !l 


'^i  I 


380 


COLLEGIATE   EDUCATION. 


jcctt'd  to  tlicsc  (cmplations,  what  is  IIhtc  in  llie  cliaraclor  of  our  youth 
to  \vari'anl  tlie  bolicf  tliat  they  arc  more  prone  to  wickedness  —  more 
apt  to  yield  (()  ordinary  temi)tations  ?  If  it  is  meant  that  twenty  thou- 
sand people  commit  more  sin  than  twenty,  I  admit  it.  There  may  be  a 
concentration  of  vie(!  in  all  towns,  but  are  not  virtues,  and  restraints,  and 
refiniiiir  influences,  concentrated  in  the  same  proportion?  I  deny  that 
the  people  of  Halifax  an;  worse  than  their  neighbors  ;  and  I  appeal  to 
you  to  say  whether  your  children  are  not  as  safe  now  —  whether  they 
would  not  be  as  safe,  driidving  at  the  pure  streams  of  science  and  philos- 
phy,  on  the  grand  parade,  as  imbibing  a  sour  sectarian  spirit  on  a  hill  in 
llorton. 

But  are  there  not  other  reasons  which  make  the  capital  a  desirable 
site?  If  a  boy  is  inteniled  for  a  merchant,  he  is  surrounded  by  mer- 
chants, and  warehouses,  and  ships,  and  may,  while  pursuing  his  studies, 
ac(iuire  a  fund  of  valuable  knowledge  bearing  on  his  peculiar  pursuit.  If 
ho  is  to  study  law,  all  the  courts  are  open  to  him,  and  all  reserved  points 
are  argued  here  before  the  assembled  judges  ;  the  pulpits  are  filled  with 
able  divines ;  libraries,  reading-rooms,  and  institutes,  offer  constant 
stores  of  information.  If  he  cherishes  a  martial  spirit  there  arc  military 
exercises  every  day;  if  the  navy  attracts  him,  there  are  men-of-war  to 
inspect ;  if  he  has  a  taste  for  mechanics,  for  art,  or  music,  he  will  see 
and  hear  more  to  cultivate  and  refine  his  ear  and  his  taste  in  Halifax  in 
a  month,  than  any  country  village  can  offer  in  seven  years. 

It  has  been  said  that  we  want,  by  erecting  a  central  institution,  to  des- 
troy all  the  others,  and  '*  wrest  the  education  of  their  children  from  the 
jieoplc."  Shame,  shame  on  the  men  who  have  thus  deliberately  slan- 
dered the  Legislature  of  their  country.  From  first  to  last,  we  have  dis- 
claimed any  coeix'ive  legislation.  The  Baptists,  or  any  other  body,  may 
maintain  a  dozen  colleges  if  they  choose,  but  they  must  do  it  with  their 
own  resources.  The  public  funds  must  be  dedicated  to  public  objects,  in 
which  all  have  an  interest ;  and  if  religious  bodies  choose  to  build  col- 
leges as  they  now  build  churches,  the  Legislature  has  neither  the  right 
nor  the  disposition  to  interfere.  The  House  of  Assembly  wrest  from 
the  people  the  education  of  their  children  !  Do  not  the  persons  who 
make  this  charge  know  that  the  House  has  called  into  existence  and  en- 
dowed to  the  full  extent  of  their  means,  thirty  or  forty  schools  in  every 
county,  which  ai'C  independently  managed  by  trustees  chosen  from  the 
people  themselves  ?  Do  they  not  know  that  all  these  are  to  be  left,  as 
part  of  our  plan,  but  extended  as  our  resources  increase?  Do  they  not 
know  that  an  academy  has  been  planted  by  the  Legislature  in  every 
county,  some  of  them  as  good,  and  some  of  them  even  better,  than  that 


COLLEGIATE   EDUCATION. 


381 


of  wliich  so  mnch  is  written  mid  piiMi-liod?  Tluit  all  tlioso  nro  unfler 
tlie  conlrol  of  tin'  Icadiiiuj  nicii  of  the  comities,  selected  liy  the  l-'xeciitivG 
witiioiit  ri'L'.'U'tl  to  seot  or  piirty  ?  All  this  ha-;  Iteeii  done  hy  the  Legi;;- 
latnre  ;  while  those  who  have  erected  a  single  liiijfh  seliool  and  called  it  a 
colle,ire,  at  which  some  twenty  or  thirty  hoys  are  iiHtriicted,  think  them- 
selves entitled  to  di't'anie  the  men  who  have  made  this  judicious  provis- 
ion for  twenty-five  thousand.  Tlie-e  common  school-  and  academies  are 
part  of  our  system;  they  are  to  remain.  If  the  ndiirlous  liodies  choose 
to  keep  np  their  colletres,  thi'y  will  remain  al-o.  and  then  the  central  in- 
stitution will  jrive  to  tho-e  who  re(iuire  it  a  still  hii>her  polish  and  more 
extended  advantaires.  IJiit  we  want  schofdmasters  !  Of  couiv^e  we  do. 
And  what  are  seventeen  county  acailemie-  f(»r  but  to  provide  them? 
"What  do  the  thirty  thon-and  imediicated  children  require  at  our  hands? 
What  is  the  llrst  want,  the  p;ii-;imonnt  necessitj'  of  their  condition? 
Keading,  writing,  and  arithmetic.  Tln^so,  with  geography  and  the  math- 
ematics, are  taught  in  the  seventeen  county  academies,  which  ought  to, 
and  could,  sup[)ly  the  counli'y  with  schoolmasters  if  there  Avas  not  a  col- 
lege in  existence. 

What,  then,  do  we  seek  ?  'J'o  destroy?  no,  hut  to  extend,  the  existing 
system.  In  1S!0,  an  additional  fl<><^')  was  added  to  the  common  school 
grant.  What  was  the  conse(pieiice  ?  (,)ne  hundred  and  forty-one  new 
schools  immediately  sprang  up,  and  four  thousand  eight  hundred  and 
ninety-seven  more  children  were  educated.  Will  any  man  pretend,  that 
£1000  thus  exix'nded,  will  not  do  more  good  than  if  given  to  one  of 
those  sectarian  colleges?  Will  any  man  pretend  that,  in  refiwing  to  add 
£1,880  to  the  cost  of  colleges  la<t  winter,  Aviien  we  could  not  afford  to 
add  one  farthing  to  the  fund  for  common  schools,  we  <'id  any  thing  but 
our  duty,  and  wisely  stemmed  tli(>  torrent  of  sectarian  feeling  to  protect 
the  interests  of  the  mass  ?  that  we  did  any  thing  but  stand  bi.'t ween  the 
treasury  and  those  who  live  by  and  live  in  colleges,  that  education  might 
be  extended  and  not  destroyed  ? 

But  then  these  sectarian  colleges  are  to  do  such  great  things  for 
religion.  I  believe  that  in  a  short  time  they  would  banish  it  from  Iho 
Province.  One  of  theni  kept  the  eastern  counties  in  hot  water  for  six- 
teen years ;  and  another  has  produced  more  strife,  division,  and  bad 
feeling,  than  any  other  bone  of  contention,  religious,  social,  or  political. 
One  thing  is  clear,  that  eight  hundred  common  schools  and  seventeen 
county  academies,  are  managed  with  more  tranquility,  on  the  independent 
system,  than  a  single  sectarian  college.  Suppose  that  five  or  six  ditTer- 
ent  religious  bodies  owned  these,  and  each  was  scrambling  for  its  own, 
what  a  scene  of  confusion  would  the  education  of  the  country  exhibit. 


1" 

J!  :■ 


ii  ' 


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h:  : 


M    'I 
i 


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m 


■  A 


382 


COLLKOIATE   EDUCATION. 


it 


'''3\' 


■M 


I 


f'\ 


Apply  tlio  samo  ])rincipl('  Avliich  now  f^ovcriis  our  county  scliools  and 
aradcmirs  to  liit:hrr  ('(luoi'tion,  and  peace  and  permanence  will  be  tlio 
result.  Tlie  ])eople  must  have  ont;  college,  as  they  have  one  supreme 
court;  one  Trovince  building;  one  penilenliary ;  and  il'  others  want 
more,  let  liiem  maintain  them  at  their  own  expense,  liut,  it  is  said,  if  a 
collegt!  is  not  sectai'ian  it  n\usl  be  inlidid.  Is  infidelity  taught  iu  our 
acadi/mies  and  schools?  No;  and  yet  not  one  of  tiiem  is  sectarian.  A 
college  wonlil  be  under  strict  discipline,  established  by  its  governors; 
clergymen  would  occupy  some  of  its  chairs;  moi-al  philosophy,  which, 
lo  be  sound,  nm>t  be  based  on  Cln-islianity,  wouhl  be  conspicuously 
taught ;  and  yet  the  religious  men  who  know  all  this,  raise  the  cry  of 
infidelity  to  frighten  the  farmers  in  the  country. 

Having  gone,  T  fear,  at  too  great  length,  over  the  main  points  of  this 
argument,  1  ask  myself,  can  the  persons  who  liavc  conunencod  this 
agitation  succeed?  1  a>k  myself,  what  intercut  can  the  people  of  Nova 
Scotia  have  in  maintaining  six  colleges,  when  one  will  bo  amply  suf- 
licient  for  the  whole  population  ?  I  ask  myself  what  Interest  have  Cape 
Breton,  Inverness,  Itichmond,  CJuysborough,  Sydney,  Pictou,  Colchester 
—  one  half  of  the  Province  —  in  maintaining  a  college  at  Ilorton,  a 
place  which  they  rarely  visit  on  business,  and  seldom  for  amusement  ? 
What  interest  have  the  counties  on  the  western  shore?  The  other  day, 
several  hundred  persons  were  brought  here  from  Lunenburg  in  a  few 
hours,  Ibr  a  dollar  each.  Suppose  they  had  had  to  go  to  Ilorton,  what 
would  have  been  the  cost,  anil  when  would  they  have  got  back  ?  The 
same  may  be  said  of  Shelburne  and  Yarmouth.  With  Halifax,  they 
have  a  natural  and  will  soon  have  a  steady  steam  eommunieution ;  with 
Ilorton  they  have  none,  except  what  denominational  pride  or  feeling 
may  supply.  How,  then,  can  those  people  hoi)e  to  succeed  ?  In  two  or 
three  counties  they  may  have  a  majority;  but  even  iu  these  I  do  not  fear 
the  result,  when  the  question  conies  to  be  understood.  Understood  it 
shall  be.  We  will  give  them  meeting  for  meeting,  speech  for  speech; 
and  if  il  is  necessary  to  carry  the  war  even  into  Cape  Breton,  I  will  not 
fear  to  api)eal  against  the  views  of  my  honorable  friend  who  represents 
it,  to  the  constituency,  who,  upon  this  question,  can  never  agree  with 
liim  in  opinion. 

Having  argued  the  question  as  one  of  a  purely  educational  character, 
I  might,  if  I  were  disposed,  sketch  its  political  aspects.  But  this  is  not 
the  place  nor  this  the  time.  If  I  am  not  much  mistaken,  the  period  is 
fast  api)roaching  when  this  duty  may  be  required  at  my  hands ;  and 
when  it  comes,  trust  me,  my  voice  shall  be  raised,  and  my  pen  employed, 
as  in  times  of  old,  until  the  intrigues  and  designs,  which  are  now  more 


feeling 


haractcr, 
lis  is  not 
)eriod  is 
(Is ;  Jind 
nploycd, 
ow  more 


COLLEP.IATK    KDUCATION. 


383 


than  apparent,  arc  llion)Ujj;lily  eoiiiprelicmlfd  by  llie  pco])!*;  uf  Nova 
Scotia. 

The  followinf^  draft  of  an  a(]dr<;?;s  was  llien  read  and  passed  iinani- 
mourily  by  the  meeting:  — 

TO  THE  lIOrSE  OF  ASSEMBLY. 

Tlie  Petition    of  (he    itii(/i'rsit/iici/    Frri'/mli/crs   and    Jnlutbitanls    of  the 

County   (f  JIttlifitx, 

Ht'MnLY    SlIOWKTlI, 

That,  heretofore,  sevei'al  attempts  liavi'  been  made  to  found  institu- 
tions for  teaeliing  the  higher  brani-iies  of  h-arning,  which,  after  consuming 
u  vast  amonnl  ot'  pulilie  and  private  fnntls,  have;  either  entirely  failed, 
or  been  attended  with  little  success. 

That  your  petitionei-s  attributed  the  ruin  of  one  such  institution,  and 
the  feebleness  and  ineiliciency  of  others,  to  the  attempt  to  foimd  them 
amidst  a  thin  and  scattered  population,  and  to  maintain  them  by  the 
resources  of  some  one  of  (he  nnmeroiis  branches  of  tin.'  Christian  family 
into  which  this  Province  is  divided. 

That  y(tur  petilioni'rs  viewed  with  satisfaction  the  atli'mpt  ma<l(,^  by 
your  lIoiu)raI)le  Jiody,  last  session,  to  put  an  end  to  an  iinpolitie  and 
expensive  system,  and  to  lay  the  t'oundation  of  an  institution  which 
should  Ite  an  ornament  to  the  IVovinee,  and  insui'e,  by  the  i)ermanence 
of  its  character,  and  the  extent  of  its  resources,  a  liberal  education  to 
our   youth. 

That  your  petitioners  have  seen  with  deep  regret  the  elforts  of  a  few 
interested  parties,  to  create,  in  ditferent  sections  of  the  country,  a  ]»reju- 
dice  against  your  Honorable  House,  for  an  act  which  we  regard  as 
founded  in  sound  policy,  just  to  the  whoh;  body  of  the  jieople,  and  im- 
perativ(dy  called  for  at  the.  present  time. 

That  your  petitioners  regard,  with  intense  interest,  the  thousands  of 
children,  growing  up  without  the  common  rudiments  of  education,  unable 
to  read  the  word  of  God,  or  to  conduct  with  advantage  the  ordinary 
affairs  of  life ;  and  they  d(!ein  it  their  duty  to  protest  against  the  estab- 
lishment of  a  plurality  of  collegiate  establishments  for  the  rich,  until  the 
wants  of  the  poor  are  more  extensively  supi)li(,'d. 

That  your  petitioners,  while  they  feed  that  independent  expression  of 
their  opinion  is  due  to  your  ITonorabh!  Body,  disclaim  narrow  prejudices 
against  any  denomination,  or  hostility  to  any  particular  institution;  all 
they  seek  is,  that  the  public  funds  sliouhl  be  wisely  husbanded,  learning 
providently  cared  for,  and  the  independence  of  the  Legislature  preserved. 


1 

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V\ 


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-    I  .* 


}; 


I'  ' 


384 


COLLEGIATE   EDUCATION. 


^^^f 


i 


ri 


^1    ' 


ii 


Mediums  woro  immcdiiitdy  iil'd'r  licld  in  Coldchcstcr,  Pictou, 
and  Iliiiits,  iill  of  whit'li  Mr.  Ilowc  iitlc.'iided  and  uddressi'd,  and 
in  cacli  of  these  coiinlics  stroiifj;  opinions  wen;  elicited  in  favor 
of  a  Provineial  univei'f^itv,  nnd  ai^ainst  IIk;  fnrtlier  endowment 
of  HC(!tarian  eollet,'es.  At  New  (Jlasi(ow  Mr.  Howe  wiis  enter- 
tained at  a  j)nl)lie  diinier,  and  an  addresri  was  presented  to  him, 
of  wliieli  we  print  an  extract :  — 

Sir, —  We  einhriice  the  present  occiisiofi  of  your  visit  to  this  i)art  of 
the  Province,  to  testily  oiir  i'>tcrin  ami  respect  to  you  in  your  elevated 
l^olitical  station  in  the  councils  of  the  country. 

We  would  not,  however,  be  understood  as  coinplinientin;^  you  on  your 
station  alone.  It  is  the  recollection  of  what  you  havi'  achieved  in  the 
cause  of  libei'ly  and  the  I'clbrni  of  former  abuses,  when  you  stood  at  one 
time  almost  single-handed  in  the  contest,  that  calls  forth  this  meed  of 
praise.  It  is  the  recollection  of  the  f)old  and  H'arless  but  constitutional 
part  you  took  in  those  measures  of  Colonial  reform,  and  in  your  success- 
ful endeavors  to  assimilate  the  institutions  of  this  Province  to  those  of 
the  |)arent  state,  and  procure  for  us  the  privileges,  as  well  as  the  name, 
of  Britons.  AVe  are  aware,  sir,  of  the  difliculties  with  which  you  have 
to  contend  ;  that  you  are  thus  far  necessarily  ussociatecl  with  men  of  op- 
posite sentiments,  but  we  have  that  confidence  both  In  your  integrity  and 
abilities,  that  we  fear  not  the  result.  We  behold  the  fostering  care  of 
our  beloved  C^ueen  extended  to  us,  and  her  ministers,  whether  Whig  or 
Tory,  sending  out  liberal  Governors  to  all  the  Colonies,  with  lil)eral  in- 
structions to  govern  on  liberal  j)rincii)les,  according  to  the  wishes  of  the 
people. 

Those  meetings  evidently  alarmed  the  members  of  Council 
remaining  in  town.  But  two  of  them  were  friendly  to  Mr. 
Howe;  the  others  sympathized  with  Mr.  Johnston.  Animme- 
liate  dissolution  was  insisted  upon,  and  a  message  was  sent  to 
desire  Mr.  Howe's  recall,  to  discuss  it.  He  had  made  engage- 
ments to  attend  two  meetings  on  his  way  iiome,  and  lingered 
to  fulfd  them,  but  wrote  to  say  that  he  would  be  in  town  in  a 
day  or  two. 

Before  he  reached  the  capital  he  heard  of  the  dissolution,  and 
at  once  pronounced  it,  for  Lord  Falkland's  future  success  and 
peace  of  mind,  an  unwise  and  fatal  step.  He  did  not  disguise 
this  opinion  from  His  Lordship.     The  constitutional  remedy  for 


l;    < 


COLLEGIATK  KDUCATFON. 


385 


'icton, 
•tl,  and 
1  favor 
wiruMit 
^  enter- 
to  him, 


I  piirt  of 
elevated 

on  your 
(I  in  llio 
i(\  at  one 
nicc'd  of 
titutional 
I'  suecess- 
)  those  of 
the  name, 
you  have 
\vn  of  op- 
tjrily  and 
<T  care  of 
Whig  or 
liberal  in- 
1C3  of  the 

Council 
y  to  Mr. 
n  imme- 
s  sent  to 
engage- 
lingered 
)\vn  in  a 

tlon,  and 
3cess  and 
disguise 
;medy  for 


the  state  of  ihingrf  which  existed  was  to  have  insist(>d  on  Mr. 
Howe  and  Mr.  Johnston  preparing  an  ethieatlonal  nieasnre  in 
whieh  tliey  could  agree.  If  they  conld  not,  and  wonkl  not  con- 
sent to  sink  their  diilerences  and  work  in  harmony,  then  either 
edncalion  shonld  hav«!  been  treated  as  an  open  (|Ucstion,  or  one 
of  the  gentlemen,  whose  irreconcilable  diHerences  perplexed  the 
Council,  should  have  been  asked  to  retire.  To  ))rematnrely  dis- 
solve a  Parliament  that  had  given  no  oll'eiice,  oU'ered  no  obstrnc- 
tion,  and  which  by  overwhelming  majorities  had  suslaintnl  the 
administration;  and  to  ilo  this  without  a  single  attemi)t  to 
reconstruct  or  strengthen  IIk;  govennnent,  was  a  blunder  wors(* 
than  a  crime.  Mr.  Howe  saw  it  at  a  glance.  Lord  Falkland 
saw  it,  jjcrhaps,  when  it  was  too  late.  Looking  calmly  back 
upon  the  past,  there  can  be  no  doubt  that  to  this  one  funda- 
mental error  may  l)e  attributed,  not  only  the  four  years  of 
perplexity  and  morlilicaiioii  whiih  His  Lordship  underwent 
in  this  coniUry,  but  many  of  the  discordant  elements  i)y  wliich 
public  men  have  ix-en  since  dividt'd  and  pul^lic  improvements 
checked. 

Some  of  Mr.  Howe's  friends  urged  him  to  resign,  but  he  de- 
clined. Tht,'  Queen's  repn^sentative  has  a  right,  saitl  he,  to  ap- 
peal to  the  country,  and  although,  in  this  cas(>  the  time  was 
ill-chosen,  I  cannot  resign  merely  on  the  ground  that  I  have 
been  sent  back  to  my  constituents. 

Weary  and  sick  at  heart,  he  prepared  for  the  elections, 
doubtful,  as  well  he  might  be,  whether  Lord  Falkland,  who  he 
had  served  for  three  years  with  so  much  fidelity  and  success,  had 
acted  in  good  faith,  but  quite  assured  that  he  had  done  an  act 
of  folly,  and  outraged  the  feelings  of  many  well-disposed  mem- 
bers of  the  Legislature.  Looking  at  his  conduct  from  cither 
point  of  view,  the  future  presented  its  embarrassments.  There 
were  other  sources  of  perph^xity  at  the  time,  not  very  easily  seen 
through,  but  which,  by  the  light  of  our  later  experience,  are  now 
transparent  enough.  A  few  leading  men  among  the  Irish  Cath- 
olics were  determined  to  force  themselves  into  positions  upon 
the  strength  of  the  Catholic  vote  for  which  they  wrrt  not  bet- 
ter qualified  than  a  great  many  other  people,  and  to  which  they 
had  no  peculiar  claims.     These  pretensions  were  resisted  by 

33 


i' 

f 

1 
.1      , 

i! 

if 

1 

I 

38G 


fl^ 


i 

mm '!  I:''  'i 

1 

1  U 

m 

i;i'            i 

SPEECH    AT    MASON    IIALI,. 


tlu;  Protrstfiiil  lihcruls,  jiiul  tlu;  C'jilhoUcs  drew  apart  iiiul  rc- 
fiisi'tl  to  take  any  shan'  in  tin;  Halilax  elections.  TIk*  libi-rals, 
conridenf  i:i  their  own  stren,i,'tli,  prepared  to  laee  tlie  old  inllii- 
ences  without  them.  Had  tli(^  Catholies  adhered  to  their 
phHli;<',  all  would  have  been  well.  After  a  hard  slrn^'i^de,  Mr. 
Stairs'.s  eleetion  was  Hocured  l)y  u  small  majority,  when  a 
iinmher  of  Catholies  were  thrown  into  tlie  hustings,  and,  in  vio- 
lation of  all  political  principle  and  party  obligation,  nay,  in 
violation  oi' their  own  declaration  of  neutrality,  madc!  when  the 
contest  commenced,  a  gentleman  who  had  ahviiys  been  hostile 
to  the  popular  party  was  returned.  This  single  seat,  thus  lost 
and  won,  as  it  afterwards  turned  out,  gave  Lord  Falkland  the 
bare  majority  of  one,  which  sustained  his  government  through 
the  session  of  1844.  It  is  painful  to  look  back  at  the  miserable 
intrigues  which  resulted  in  this  dead  lock  to  all  ju'ogress  for  sev- 
eral years.  But  they  were  not  without  their  instruction.  I 
resigned  my  seat  that  a  eomju-omise  might  be  eflected ;  but 
this  treachery,  and  forced  concession,  were  long  remembered, 
and  not  forgotten  when,  in  1857,  it  became  imperative  upon 
the  lib(!rals  to  make  against  Catholics  pressure  a  mon;  deter- 
mined stand. 

Mr.  Howe  and  INIr.  Doyle  were  returned  for  the  county  of 
Halifax  without  o])position.  The  speech  delivered  by  the 
former  upon  this  occasion,  is  characterized  by  humorous  retort, 
and  successful  vindication  of  his  acts  and  policy  up  to  this  pe- 
riod :  — 

Gentlemen,  had  thi.-i  election  been  contested,  many  opportunities 
would  have  boon  aflforded  of  addressing  you,  and  making  my  views 
fnd  i)rinciplc.s  understood.  As  there  is  to  be  no  contest,  wo  have 
preferred  availing  ourselves  of  the  cnly  chance  thai  wc  shall  have, 
within  these  walls,  rather  than  in  the  draft  of  a  doorway  and  amidst 
the  noise  of  a  crowded  street.  I  must  confess,  however,  that  I  feel 
no  small  degree  of  diflide-nce  in  attempting  to  speak  at  all,  after 
the  mercantile  and  legal  eloquence  with  Avhich  the  hustings  have 
of  late  resounded,  llut  I  must  sity  something.  Were  I  a  conservative, 
speaking  to  a  conservative  auditory,  it  might  be  sutficient  for  me  to  say 
that  I  was  a  free-born  Nova  Scotian,  with  a  little  Irish  blood  in  my 
veins;  was  in  favor  of  agriculture,  commerce  and  manufactures;  and 


m 


SPEIX'FF   AT   MASON   HALL. 


387 


m 


tlii.-,  wiili  ii  hiincli  ol"  llowcrs  iis  h]>^  jh  ;i  tiirMi|>  -tuck  in  my  liiiti(in-liiil<', 
wuiiiil  Ik.'  .-iilUcit'iit  to  .-I'ciin!  iii(?  .-iipiioil.  Yuii  may  expect  .-(»millilii;^ 
more;  yoii  Iwivc  not  ]ur\\  nccustuiiiutl  to  follow  any  man  Mliidly ;  you 
t'Xj»ect  iVom  tliosL'  you  sustain  a  rational  ilclciu'c  oi'  llic  ])a>l,  and  that 
tlioy  will  point  witli  somo  dcgi-cc  of  precision  to  the  patlis  they  intend  to 
trond.  1  heartily  rejoice  that  !  >ee  ai-oinid  me  a;,'ain  the  lace-;  of  those 
wlio  have,  in  tinu;s  ifone  hy,  h'ut  -InMiLrth  to  imusy  !i  political  strnjr.ule,  and 
niii'lh  to  many  a  festive  scene.  Von  have  ten  year's  of  utiion  .and  tri- 
mnph  to  look  hack  upon;  a  fortnight's  misundcrstandinif  ami  est  ran  j^c- 
mont  to  rcf^rot.  Let  the  lormer  fui-nish  inducements  to  confidenc<!  an(l 
cordiality  in  future,  and  the  latter  Ite  buried  in  oblivion  I'rom  this  hour. 
For  somo  reasons,  I  do  not  ri'j:;i'et  our  divisions.  They  have  demon- 
strated tho  strongth  rather  than  the  weakness  ol'our  parly.  Tlu;  Torii'S 
ask  who  ari3  tho  great  liberal  parly?  The  recent  struggle  has  iur- 
nishud  thorn  the  iuiswer.  One  wing  of  oiu-  forces  rested  on  tlieir  arms ; 
a  second,  lying  on  the  cast  of  Ilalil'ax  harbor,  could  not  interft;re  ;  and 
yet,  th(>  other  third  of  our  army  was  able  to  do  battle  Avith  the  entiro 
Tory  brigade,  horse,  foot,  and  ariilleiy.  They  have  paraded  their  ibrly- 
two  merchants  in  a  handbill,  but  is  it  not  a  fact  that  with  all  these,  with 
three  banks,  two  lines  of  stage  coaches,  some  fifty  public  ofiicers,  half  a 
dozen  clergymen,  and  a  sleamboat  to  boot,  they  were  nearly  beaten  by 
one-third  of  the  liljcral  parly  whom  they  i)r(Uend  to  despise?  This  fact 
has  been  shown  by  our  divisions;  another,  e(iually  honoiable,  has  been 
displayed;  that  while  the  Tories  wen^  willing  to  join  either  section  of 
the  Jviberal  party,  neither  would  have  any  thing  to  do  with  (hem.  But 
we  are  divided  no  longer,  the  whole  t()rce  is  once  more  in  the  li(;ld ;  and, 
us  the  man  said  who  spread  his  butter  on  his  cheese  —  '"bad  luck  to  the 
woman  who  first  j)arled  them,"  so  I  say,  bad  luck  to  those  who  shall 
ever  part  you  again.  "Without  referring  to  the  cause  of  this  division,  I 
may  be  allowed  to  speak  of  the  gentleman  by  whose  generous  resigna- 
tion our  dilFerences  have  been  reconciled.  The  lloman  historians  tell 
us  that  by  some  convulsion  of  nature  a  gnl[)h  was  open(.'d  in  the  forum 
which  threatened  the  safely  of  iIk;  city,  and  which  the  Augurs  pro- 
claimed would  never  close  imtil  the  most  precious  thing  in  Rome  was 
thrown  into  it.  Marcus  Curtius  leaped  in,  declaring  that  there  was 
nothing  more  precious  than  virtue  and  patriotism,  which  taught  men  to 
sacrifice  themselves  for  their  cotmtry.  My  friend,  Mr.  Annanil,  has 
thus  leaped  into  the  chasm  which  divided,  and  threatened  the  secu- 
rity of  his  party.  He  has  done  an  act  which  his  friends  know  how  to 
appreciate,  and  which  ids  constituents  to  the  eastward  will  readily  im- 
derstund.     They  may  be  assured  that,  although  I  regret  the  loss  of  a 


I  I:: 


388 


SPEKCII    AT   MASON    IIAI-L. 


!»' 


It  I ',.  I 


li' 


'     'i; 


^i    i,H 


;! 


coll«'iij,'ii<'.  who  next  ti)  yiv.  IIiiiiliiii,'t<i?i,  ciin  iIm!  Ifast  be  Hpiirt'd  from  tlio 
ranks  of  (lie  |i!ii'ly,  lioili  I  ami  Mr.  Duyli'  will  ciKlcavor  to  iiiakf  up,  hy 
ii.*>i(Iiioiis  ili'voiidii  lo  llnir  |irniliar  iiilcrols,  tin'  It--*  tlcy  an,'  likrly  to 
sustain.  In  |iailiiiL;  wiili  3Ii'.  Annaml,  liowi'vrr,  I  may  May,  that  \ 
rcjoici'  that  hi>  jilai'r  is  to  l»r  (illcd.  not  liy  a,  pulilical  oppdiiciit  or  :in 
uiitficd  man,  hut  hy  an  old  Cricnd  an<l  I'dhtw  lahorcr.  Doyln  and  l  com- 
incnccil  lil'o  toix^'lhcr  and  have  a  thonsand  pcr.-oiial  and  social  tit's  \vhi<'li 
neither  ean  readily  for^^el.  .Many  ol"  the  ;^ayest  and  most  instnictivo  of 
our  days  and  nii^hts  were  passed  toi^elher,  and  of  Iheso  I  may  say  in 
tlie  language  of  an  Irish  orator  to  an  Irish  judge  — 

"Wo  s|)ont  tlK'ia  not  in  s|MH-f,  or  lust  or  wiiio, 
I)Ut  si'iiri'll  of  (l(i'|i  |illiln-(iiiliy, 
AVit,  Kloiint'tici'  mill  I'uesy, 
Arts  wliii'li  I.  iuvcti,  lor  tluy,  my  friend,  were  tliinc  !  " 

At  u  later  period  we  sjjent  four  years  in  the  Legislature  together,  .side 
by  sidi!  with  Ilinitingtoii  tind  Amiand,  strugglhig  for  those  measures 
which  have  since  heeii  carried,  and  those  principles  which  hav(!  since 
been  obtiiincd.  IMr.  Doyle  was  not  only  the  parent  of  the  (Quadrennial 
Bill,  but  of  the  act  for  vaciiting  the  setits  of  ineml)ers  accepting  certain 
ofliees,  besides  having  his  .share  in  idl  the  conflicts  of  his  party  from 
183G  to  1810.  I  naturally  expected  from  those  wd»o  have  liitely  come 
forward  to  give  opposition  lo  the  old  meinlx'rs,  soin(^  rationtil  criticism 
upon  our  past  conduct,  some  development  of  new  i)rinciples,  some  fair 
fault-finding  with  the  policy  they  condenni,  souk;  indications  of  that 
which  they  intended  to  i)ursue.  15ut  I  listened  in  vain.  One  gentleman 
told  us  that  he  and  his  party  had  not  been  rei)resented  at  all,  though  he 
did  not  tell  us  in  what  respect,  and  tniother  told  us  that  he  was  in  favor 
of  commerce,  agriculture,  miunifactnres,  tuid  the  fisheries.  Why,  we 
are  all  in  favor  of  these !  Is  there  ;i  nnm  here  who  is  not  ?  No  : 
but  while  our  opponents  can  neither  tell  us  what  they  would  do,  to  benefit 
commerce,  my  colleagues  iuid  myself  can  point  lo  the  light  houses 
beaming  on  the  coast ;  breakwaters  reared  on  coves  and  headlands  ;  mad 
routes  extended,  and  lines  of  sttiges  and  steamboats  encouraged  for  the 
security  of  commerce,  and  for  the  safe  and  rapid  transmission  of  com- 
mercial correspondence.  These  things  have  been  done  by  the  men  they 
oppose  ;  wdiat  more  would  they  do  if  they  had  the  power  !  Gentlemen, 
I  prize  connnerce  as  a  noble  pursuit,  and  gladly  would  I  foster  in  this 
country  the  true  commercial  spirit ;  that  spirit  which  urged  a  French 
merchant  lo  say  to  a  French  King,  ''  Let  us  alone  ;  we  seek  no  aid  from 
royal    ordinances   and  legislative  enactments,"  —  that  .spirit  which  has 


SPKKClt    AT   MASON    HAM, 


380 


i'om  tlio 
'  up,  by 
iki'ly  to 
,  tluil  I 
U  or  an 
I  I  com- 

iii'tiv(!  of 
ly  say  in 


tlicr,  side 
mdivsurcs 
uvo  since 
liulrcnnial 
\g  certain 
ii\rty  from 
toly  come 
criticism 
some  fair 
of  that 
:^('iitleman 
though  he 
IS  in  favor 
Why,  we 
)t  ?    No : 
to  benefit 
lit  houses 
mis ;  mail 
fcil  for  the 
11  of  com- 
incn  they 
gentlemen, 
nor  in  this 
a  French 
10  aid  from 
kvhicli  has 


tuaijc  ihi'  Ilriil-Ii  iiicrcli.'Uif,  In  all  the  cvfuiriil  periods  df  our  history, 
the  fritnd  and  liulwark  of  civil  and  ri'liiiioiis  lihcrly  —  that  spirit  which 
niiidr  the  im  rchaiils  (if  Ilidy,  not  only  princes,  Imt  lln'  nnniilict  iit 
patrons  ol' Ilhii'MM'  ;ind  ait.  I'di*  iIhim'  u  Im  woidil  warp  genrial  in- 
|ere>i>  l(ir  p('i-ii)iial  of  party  ohjecis  ;  wlm  uiiidd  make  wriillh  iIm'  means 
ol'  corrnptiii'j  ur  inlinii  f/'in'.'  the  p 
or  ri'Tii-c  to  cuipr»y  ;i  ii'iickniaM 


;  ulio  woulti  (li-nn-is  a  niarnier 
anse  thi'v  cxcrei-ied  their  IVanchi«e 


independently  ■  for  the-i  1  ma>t  conli'^s  [  havr  n((  very  exalted  re-pcet. 
The  gentleman.  ,,,  nlio«c  ad(ln'-<  I  iim  now  reti-rring,  told  us  hr  wa-i  a 
friend  of  agi'icnllnrc.  '^^  am  1  :  and  I  may '''U  ihr-e  eon<ervaliv(-  lliat 
the  lanirua'j;''  I  lia\i'  alwavs  held  lo  our  A'nirnltiiri.-I^.  i-  t!n'  \erv  Ian- 
giiage  that  Sir  llohert  I'fcl  hohU  I"  tlic  farmers  of  Kngland — ••De- 
pend upon  yiur^elves ;  bi^  indu-triou-,  Ine^al,  ami  inti'lligent  ;  >lndy 
agrieullnral  chemistry,  ami  rely  with  a  Jn>t  pride  upon  the  dignity  of 
your  occupation  and  the  bonntii's  of  I*ro\  idcncc 


Tl 


lis   I- 


the  li 


intrnaire 


WIllC 


} 


olll' 


h 


representatives  held  to  the   farmers;  but,  --o  Car  a 


s  we 


could,  wilhoiil  injury  to  otln'r  classes,  we  gave  them  ihe  lieiielil  of  a 
moderate  prolection.  iiicrea-ed  means  of  edination,  and  (»pcni'(l  new  aiul 
improNcd  road~.  'I'lie  li-herie-;  we  have  proleeled  liy  ei'iiisers  round  our 
coast;  and  to  llie  manul'actiii'ers  we  havi  exliaided,  wherever  the  occu- 
pations they  lollowed  were,  adapted  to  the  coudilioii  of  the  country,  a 
fair  and  legitinialo  proteeliou  —  a  protection  in  some  ca-es  ,-o  hiuli  as  to 
attract  the  attention  of  the  Secretary  of  Slate,  In  fiiliire,  we  shall 
endeavor  to  take  vi\\\'K\\  care  of  the  interesis  of  our  friend^,  the  maiuifac- 
turers,  and  whenever  the  policy  of  the  mother  country  seems  to  bear 
hard  upon  colonial  interests,  we  shall  endiavor  to  set  matters  right  by 
explanation  and  remonsti'ance.  To  a  gentleman  who  eomplaiueil  that 
we  had  not  represented  him  and  his  friends,  I  take  leave  to  say  that  we 
have  represented  ;ill  the  gri'at  interests  of  the  country  fairly,  hoiu'stly, 
diligcully.  If  they  have  not  considered  themselves  included,  I  am  sorry 
for  it.  That  gentleman's  father  represented  this  county  Ibr  thirty  years  ; 
but  when,  din-ing  the  wlude  of  that  period,  were  the  rich  more  secure  in 
their  possessions,  or  the  poor  more  iutelligeut,  mure  iudepeudeut,  or  better 
olFthan  they  are  now  ?  "Within  the  last  six  years,  during  all  which  time 
these  wiseacres  have  been  declaring  that  we  were  all  going  to  the  tlogs,  Hal- 
ifax has  grown  one-third  and  Dartmouth  has  nearly  doubled  in  size.  As 
that  gentleman  lias  complained  of  our  stewardship,  lot  nie  remind  him  in 
what  condition  tla;  county  came  into  our  hands.  Looking  west  from  Halifax 
to  Hubbard's  Cove,  with  one  or  two  exce[)tions,  there  were  neither  level 
roads,  magistrates,  nor  schools.  Now,  there  is  a  school  at  Herring  Cove, 
one  at  Portuguese  Cove,  one  at  Ketch  Harbor,  at  the  bay  there  are 

33* 


m 


V     \ 


390 


SPEECH    AT   MASON   HALL. 


■II' 


ill 


several,  ami  otlicr.-;  arc  scUtorcil  along  tlio  coast,  Avliile  (lioro  arc  Triagis- 
tratos  at  equal  distances  to  sniu'rintcnd  the  road  work  and  keep  the 
peace.  Thirty  inih's  of  h'vcl  main  road  have  been  niachi  in  the 
western  portion  of  tlie  townshij)  within  the  last  six  years  —  as  much 
as  that  gentleman's  father  left  to  us  after  thirty  years  administration. 
Turning  to  the  east;  its  condition  when  I  first  visited  it  in  1837, 
was  this:  for  fifty  miles  there  were  neither  roads,  bridges,  magistrates, 
nor  schools.  Now  there  are  six  schools  dotting  the  shore,  where  for- 
merly there  was  not  one  ;  magistrates  have  been  appointed,  and,  while  the 
Great  Eastei'ii  Road  has  been  carried  nearly  to  the  bounds  of  our  county, 
the  shore  settlements  are  becoming  one  after  another  closely  connected 
by  means  of  roads  and  bridges.  T  mak(^  the  assertion,  and  1  challenge 
contradiction  if  it  is  not  true,  that  there  is  now  in  the  county  of  Halifax 
one  hundred  miles  of  level  road  which  did  not  exist  in  18.3(1!  Thus 
have  Ave  represented  the  county  of  Halifax.  The  narrow  contracted 
views  .and  anticiuated  prejudices  of  some  of  its  inhabitants  Ave  may  not 
have  represented.  The  wise  men  who,  in  old  times,  agreed  to  call  a  shil- 
ling fifteen  pence,  and  a  doubloon  sixteen  dollars  —  who  cut  the  Sluibena- 
cadie  Canal,  l)uilt  the  breastwork  at  Sackville,  and  Avasted  £30,000  in 
a  legislative  collision,  may  not  have  been  able  to  seduce  us  Avith  any 
such  large  experiments;  Ijut  I  think  you  are  just  as  avcU  satisfied  if  your 
vicAVS  have  been  represented  instead  of  theirs.  The  men  who  now 
complain  of  us,  are  the  men  Avho  for  years  opposed  the  coi'iioration, 
Avho  resisted  the  introduction  of  the  new  Colonial  principles,  and  Avho 
A'ainly  sigh  over  the  loss  of  poAver  they  never  Avisely  used.  It  has  been 
asserted  in  some  of  the  papers  that  the  liberals  haAC  increased  the  Pro- 
vincial debt.  This  I  take  the  liberty  to  deny.  AVho  contracted  the 
£120,000  of  debt  Avhich  NoA-a  Scotia  owes?  Not  us!  We  found  it  in 
existence  Avhen  avc  Avent  into  the  House  of  Assembly,  and  have  for  six 
years  firmly  resisted  its  further  accumulation.  We  hav(>  not  paid  it  oflT, 
because  our  available  resources  could  be  better  em^doyed  in  the  public 
improvements  of  the  country.  To  carry  these  out,  Ave  have  occasionally 
borroAA'cd  a  fcAV  thousands;  but  Avitli  the  distinct  understanding  that  the 
amount  Avas  to  be  repaid.  Though  Ave  sent  in  one  year  £1000  to  relieve 
the  suflerers  in  Canada,  and  in  another  gave  £3,200  to  purchase  seed 
for  the  pool";  in  1812,  Ave  expended  £31,000  on  our  roads  and  bridges, 
Avhile  the  highest  sum  that  avc  could  afford  for  the  service  in  183G,  Avas 
£9000!  It  is  said  that  avc  carried  our  elections  in  1810  by  the  use  of 
the  Governor's  name.  This  I  deny.  We  beat  them  at  successive  elec- 
tion>  during  Sir  Colin  Campbell's  administration,  Avhen  they,  and  not  Ave, 
had  the  benefit  of  the  Governor's  name  to  infiuence  votes.     In  the  re- 


SPEECH   AT   MASOX   HALL. 


391 


cent  struggle,  onr  opponents  niiidc  —  without  autliorily  I  iun  Itound  to 
beliove  —  \vli;it  u<v.  tliey  eoiiltl  of  the  Governor's  name,  and  yet  we  have 
three  seals  out  of  tour,  and  may  have  the  fourth  if  the  scrutiny  pro- 
ceeds. I  have  heen  a  good  deal  annised  at  one  eliargo  hi'ouglit  against 
myself.  It  has  heen  said  that  I  have  actually  been  a  fljrtnight  absent 
from  my  ollice,  while  discussing  the  subject  of  education  in  the  I^astern 
counties.     A  fortnight's  absenc(,'  in  me   is  a  great  crime  in  tin'  ey<'s  of 


de  who  never   said  a  word  when   jNIr.  ^Morris  was   ab-ent    I 


peop 
office  for 


rom   ni 


itl 


d  Sir   K 


It  1).  (; 


for  l\ 


r>ut  it 


inont 

,  ..  J,,  .-son   at  the  head  of  the  excise;  ougl..  ..^ ^^_, 

islature.  This  is  a  new  discovery.  Did  not  these  very  people  Justify 
my  predecessor's  holding,  for  lil'e,  not  only  a  seat  in  the  I.egislalive  Coun- 
cil, but  in  the  Executive  Council  also?  Did  they  complain  when  Mr. 
Jeffrey,  not  (jnly  sat  in  both  Councils,  but  administered  the  Government 
of  the  Province  and  was  collector  of  Customs  at  the  same  time  ?  The 
Liberals  have  also  been  charged  with  increasing  the  salai'ii's.  This  I 
deny.  The  salaries  that  have  been  raised  have  been  paid  out  of  the 
casual  revenues,  always  without  our  consent,  and  sometimes  in  spite 
of  our  opposition.  AVherever  we  could,  we  have  ap|)lied  the  pruning- 
knife.  In  bs;;7.  about  £2,r>00  was  lofjped  from  the  })ublic  expenditure  in 
a  single  session.  In  the  expenses  of  the  judicjiture,  a  material  change 
has  been  made.  Iiududing  .fudge  Wiswell's  of  lice,  one  associate  and 
four  inferior  court  judges  have  Ijeen  swept  away.  The  salaries  and 
travel  of  these  are  no  longer  i)aid. 

Tlicse  amount  to £2,400 

Wo  i);>y  the  additioiiiil  juiljre  of  tlic  supreme  court CSOO 

And  tlirce  pensions  of  i:;300 'lOO 

1,700 

Making  a  jiresent  saving;  of C700 

And,  when  the  pensions  fall  in  by  the  death  or  promotion  of  the  recipi- 
ents, the  saving  will  be  to  the  country  about  t'l,(iOOa  year.  It  has  l)ecn 
said  that  Halifax  has  become  a  borough,  and  that  I  have  nominated  all 
the  members.  This,  like  all  the  other  assertions  of  the  Tories,  has  no 
shadow  of  foundation.  ]\Ir.  Dell  was  brought  forward  at  a  public  meet- 
ing by  an  inde[)endent  nomination,  in  which  men  of  all  parties  concurred. 
Mr.  Amiand  was  named  by  a  body  of  freeholders  in  the  county,  scarcely 
three  of  whom  I  could  at  that  time  call  Ijy  name.  INIr.  ^McXab  was 
brought  into  the  House,  because  beinu;  in  the  ";overnment  when  the  new 
system  was  introduced,  his  party  did  not  wish  to  lose  the  benefit  of  his 
position    and  influence.      AVhen  Mr.  Stairs  was  selected,  himself  and 


I .  )l 


I  :. 


I  ,    ii 


iin  'i;;i' 


if 

I  " 


It,:'' 


III  i 


m.- 


392 


SPEECH   AT  MASON  HALL. 


W' 


It-      I 


I" 


another  gciillcman  were  named  l)y  our  mutual  friends.  I  pledged  my?ielf 
to  support  either  of"  tiiein  that  tlie  party  tshould  bring  forward,  and  the 
elioiee  was  made  when  J  was  out  of  town.  Tiiere  are  many  oilier  tales 
just  as  idle  that  might  be  laughed  at  and  exjiosed,  but  I  feel  thai  I  have 
already  trespass<'d  largely  on  your  time.  In  eonelusiou,  gentlemen,  ])er- 
mit  nic  to  thank  you  for  the  indejiendent  and  vigorous  sup{  -'rt  whieh 
you  have  given  me  on  all  oeeasions,  and  whicii  has  restored  to  me  my 
seat  to-day,  almost  without  an  eflbrt.  (ieutlemen,  there  was  a  time 
when  a  seat  in  the  Assembly,  a  position  in  the  Coimeil,  a  public  oilU'e, 
had  for  me  some  novelty  and  altraetion.  I  have  grown  old  enough  to 
regard  these,  so  far  as  my  own  feelings  or  interests  are  coueerned,  with 
comparative  indifferenee.  Gladly  would  I  abandon  them  all,  if  I  could 
consult  my  own  im[)ulses,  and  return  to  my  fireside;  but  I  am  so  bound 
to  you  l>y  personal  ties ;  so  identified  with  the  interests  of  my  party,  and 
the  success  of  those  princii)les  Avhich  I  have  ever  maintained,  that  I  feel 
my  destiny  is  to  labor  while  you  repose  confidence;  that  I  am  not  at 
liberty  to  withdraw  from  tiie  harness  of  public  life  while  you  wisli  me 
to  remain  in ;  that  it  becomes  me  not  to  desert  my  post.  One  abiding 
conviction  buoys  me  up  and  makes  my  labor  light;  I  know  that,  long 
after  I  and  my  friends  that  stand  beside  me  shall  have  passed  away  to 
the  narrow  house  appointed  for  lis  all,  our  labors  will  be  apparent  on  the 
face  of  the  countr}',  and  the  principles  we  have  developed  and  main- 
tained, will  be  cherished  in  the  hearts  of  the  [)eople. 

When  the  elc^ctions  were  over,  each  party,  as  is  often  the 
case,  claimed  the  majority.  Hud  Lord  Falkland  raised,  before 
dissolving  the  Ilonse,  any  distinct  issue  for  the  country  to 
decide,  his  course  would  have  been  clear.  As  matters  stood 
he  was  more  })erplexed  after  the  elections  than  before.  Nothing 
was  decided.  When  Mr.  Howe  paid  his  respects  to  the  Gov- 
ernor after  his  reelection,  he  express(>d  his  readiness  to  resign 
or  to  form  an  administration  whicli  should  conduct  affairs  satis- 
factorily, omitting  those  Irona  whom  he  had  become  divided  by 
irreconcilable  diil'erences  of  opinion.  Lord  Falkland  expressed 
his  anxiety  to  retain  if  possible  all  the  gentlemen  who  sur- 
rounded him,  his  determination  to  take  no  step  till  the  House 
met,  and  his  anxious  hope  that  some  solution  would  be  found 
of  ilu!  didiculties  which  the  aspects  of  tlie  times  presented. 
That  Lord  Falkland  acted  in  good  faith  at  this  period  is  scarcely 
credible.     Mr.  Howe  believed  he  did,  yielded  his  own  wishes. 


iiiyiself 
nil  the 
r  lilies 

I  have 
n,  per- 

wliich 
mo  my 

II  time 
;  olUce, 
uugli  to 
hI,  with 

I  could 
3  bouml 
i-ty,  unci 
at  I  feel 
1  not  at 
wish  me 

abiding 
Hit,  long 

away  to 
it  on  tilt; 

id  main- 


'ten  ihe 

before 
utry  to 

stood 
Smithing 
lie  Gov- 

resign 

U's  satis- 

'ided  by 

[pressed 

'ho  sur- 

TTouse 
He  found 
lesented. 
jscarcely 

wishes, 


METCALF    AND    FALKLAND. 


393 


and  consented  to  remain  in  llie  Council,  it  being  understood 
that  the  Governor  would  take  no  step  until  the  new  House  had 
met  and  given  some  indication  of  its  opinions.  Had  Lord 
Falkliuid  adhered  to  his  exi)ressed  determination  in;  niigiit  still 
liave  formed  a  strong  government.  Tlu;  qui^stions  at  issue 
between  Mr.  Johnston  and  ]\lr.  Howe  would  probably  have 
been  raised  in  the  Legislature.  These  would  have  been  fought 
out  and  decided,  and  the  real  streni?th  of  each  m'ntleman  beinc; 

'  0  0  0 

ascertained,  either  could  have  been  selected  to  (onn  an  admin- 
istration, or  lead  the  old  one  which  had  hitherto  so  successfully 
conducted  public  affairs.  In  either  case  His  Lordship's  path 
wouhl  have  been  smooth.  But  in  an  evil  hour  he  was  induced 
to  take  a  step,  which  not  only  hopelessly  shattered  his  admin- 
istration, but  shook  the  general  confidence  in  his  sincerity  and 
candor  that  had  hitherto  made  him  many  friends. 

We  are  not  writing  a  political  history  of  North  America,  but  if 
we  were,  wo  might  perhaps  trace  between  what  was  taking  [jlace 
in  Canada  at  this  moment  and  what  took  place  in  Nova  8cotia 
immediately  after,  —  a  mysterious  connection.  Lord  iNIetcalf 
quarrelled  with  his  ministers,  and  compelled  them  to  resign 
about  the  last  of  Novemb(>r.  j\L-.  Baldwin,  the  Attorney  Gen- 
eral for  Upper  Canada,  had  been  in  that  Province  the  same 
early  and  unllinching  advocate  of  responsible  government  that 
Mr.  Howe  had  been  in  this.  Late  in  December  news  reached 
Nova  Scotia  that  Robert  Baldwin  and  his  colleagues  had  been 
compelled  to  resign;  that  Lord  INIetcalf  was  involved  in  a 
political  controversy  or  crisis,  or  that  he  meditated  and  was  ex- 
ecuting a  roup  cVctat  by  which  all  the  popular  principles  lately 
conceded  were  to  be  reclaimed.  Lord  Falkland  evidently 
thought  so,  and  he  probably  thought  that  by  executing  a  coup 
d'etat  of  his  own,  and  placing  himself  in  antagonism  to  the 
leader  of  responsible  government  in  Nova  Scotia,  he  would 
attract  Ihe  notice  of  his  superiors  and  secure  their  approbation. 
Many  others  have  been  given,  but  this  is  our  interpretation 
of  the  troubled  dreams  out  of  which  Lord  Falkland  wrought, 
so  far  as  any  reputation  for  Colonial  statesmanship  is  con- 
cerned, his  own  destruction.  Before  all  was  over  in  Canada, 
the  princij)les,  endangered  or  mystitied  for  the  moment,  became 


"i 

r'f 

'  ■  :  'i 

i'^ 

:;):. 

f  ■ 

■ 

V      It' 


:i'"; 


m^^m 


\^ 


m 


i\ 


111!'    i:^ 


l\ 


I    1 


■ 


:i 


394 


■i 


I  '■  ■ 


m  ■  ' 


m 


almon's  appointment,  hesignations. 


li. 


so  clearly  (U'fiMcd  and  nnivrrsally  recognized  that  no  Governor 
General  has  since  been  brought  into  collision  Avith  his  advisers 
about  matters  of  IViet,  or  the  l)oundaries  t)f  authority;  and  in 
this  Province  we  attribute,  more  than  to  any  other  cause,  the 
firm  establishment  of  sound  constitutional  principles  to  the 
free  discussions  provoked  by  Lord  Falkland's  attempt  to  put 
them  down. 

On  the  21st  of  December,  Mr.  Almon,  Mr.  Johnston's  brother- 
in-law,  \vas  appoinred  to  seats  in  the  Executive  and  Legislative 
Councils,  and  jNlessrs.  Howe,  Uniacke,  and  McNab,  tendered 
their  resignations.  Lord  Falkland  having  required  them  to 
give  their  reasons  in  writing,  they  did  so.  The  notes  will  be 
found  in  the  second  volume. 

All  llie  gentlemen  retiring,  it  will  be  seen,  complained  of 
but  on(!  act,  raised  a  single  issue,  and  left  no  doubt  as  to  the 
reason  of  liieir  retirement  by  any  ambiguity  of  language. 
They  then'fore  avoided  many  of  the  grounds  of  controversy 
and  dispute  which  perplexed  all  parties  in  Canada. 

Tlu!  constitutional  courses  for  Lord  Falkland  to  have  pursued 
on  the  receipt  of  these  notes  was,  for  His  Lordship  to  have 
called  upon  Mr.  Johnston  to  iill  up  the  seats  vacated,  and 
to  go  down  to  the  House,  and  there  vindicate  what  had  been 
done.  Lord  Falkland  was  too  vain  or  too  impatient  to  be 
thus  defended.  H(!  was  induced  or  permitted  to  write  a 
letter,  in  which  he  raised  all  sorts  of  questions;  and,  without 
waiting  to  lay  his  epistle  before  the  House,  published  it  in  the 
newspapers. 

The  day  after,  Mr.  How(^  wrote  a  calm  and  temperate  reply. 
Both  letters  are  given  in  the  proper  place. 

Answers  were  also  sent  in  by  Messrs.  Uniacke  and  McNab, 
which,  from  the  importance  attached  to  this  period  of  our  Pro- 
vincial history,  we  have  included  in  the  appendix. 

His  Lordship,  having  perused  these  letters,  appeared  to  have 
enough  of  controversy  over  his  own  signature ;  but,  when  the 
session  opened,  on  tlit^  8tli  of  February,  he  was  advised  to  put 
some  absurd  paragraphs  into  his  speech,  which  at  once  opened 
the  floodgates  of  controversy.  What  would  be  thought,  in  any 
part  of  North  America  now,  of  a  Governor  who  undertook  to 


Iffi 


mi 


II 


'i   I. 


LORD    FALKLAND  S   SPEIXH. 


305 


(JclViid  liif,  advisors  in  il>c  iicwspiipcrs,  or  who  was  to  address 
sucii  stiill  as  this  to  Pariiarnciit  i 

For  nwirly  four  years,  my  best  ciicrLrics  hiiv<'  hccn  di'votccl  to  the  ad- 
vanccmient  of  the  best  interests  and  happiness  of  this  I'rovince,  and  being 
satisfied  that  a  <rovennnent  composed  of  individuals  of  one  politieal  party 
only,  would  be,  ill  suited  to  its  actual  condition,  I  have  ever  distinctly 
avowed  Juy  reluctance  to  I'orm  such  a  (  juneil,  and  my  earnest  desiro 
and  intention  (o  administer  the  alfairs  of  the  Colonv  witii  tin,'  advice,  of 
11  Uoard  at,  which  all  interests  should  be  represented.  'I'his  desire  and 
intention  1  still  i-etain.  Uy  the  aid  ol'  a  Council  tiius  coiistituteil,  tlie 
just  claims  of  all  (dasses  may  be  urged  upon  the  attention  oi'  tlie  repn;- 
sentative  of  tiu!  sovereiirn. 


Whereas  a  i)arty  government  would  expose  the  Lieutenant  (iov 


<'rnor, 


who  must  unavoidably  be  often  ignorant  of  local  relatior.s,  to  the  great 
danger  of  being  made  an  instrument  of  opjiression  to  some  poi'tions  of 
the  community  ibr  the  aggrandizement  of  others,  however  nnu'h  Iiis  own 
inclination  might  lead  him,  as  his  inlei'cst  always  viiig/,  to  ])r(imo!e  the 
general  welliire  without  preference  or  distinction. 

AVell  assured  of  th<3  love  that  the  people  of  Nova  Scotia  i)ear  to  the 
person  of  our  gracious  Queen,  and  of  their  attachment  to  tlie  connection 
which  binds  them  to  the  mother  country,  I  am  convinced  liiai.  so  long  as 
I  adhere  to  the  prineij)les  i'rom  which  1  have  never  departed,  of  lii'iuly 
ri'sisting  any  invasion  ol'  the  royal  j)rerogative,  while  I  use  tiii^  ])owers 
which  that  prerogative  eonlers,  justly  and  imj'nirtially,  for  the  benefit  of 
all  Her  Majesty's  subjects,  I  shall  deserve  and  secure  tlit'ir  ap[)robation 
and  affection,  and  that  b(jth  will  be  made  manifest  by  the  cordial  and 
elRoient  sup[)ort  1  shall  receive  from  you  as  the  representatives  of  their 
opinions. 

To  dissolve  a  friendly  House  without  cause,  or  distinet  issue 
raised,  and  to  sliatter  a  strong  government  without  absohite 
necessity,  seemed  absurd  enougli ;  but  to  lecture  the  Provinces 
in  letters  and  spe(;clies  after  this  fashion,  was  really  like  giving 
currency  to  libels  upon  our  loyalty  and  common  sense. 

The  debate,  provoked  by  this  speech  and  correspondence, 
lasted  a  fortnight.  Nothing  could  exceed  the  temper  and  mod- 
eration displayed  by  Mr.  Howt!.  Personally  attached  to  Lord 
Falkland,  believing  him  misled,  regretting  his  errors,  and  foresee- 
ing the  results,  he  could  not  suspect  him  of  treachery  or  unkind- 
ness,  and  irave  him  credit  for  thinkiniif  he  was  right  even  when 


;     j  'I 


¥^ 


I     :jfl||l 


i      ■    I 


»  '    ! 


-m 


( ' 


% 


m 


'1  tr 


';;ii 


'■(  ■ .  ^ 


0- 


'If 


■■''i: 


li;, 


i\ 


"I 


if-!/ lis 


390 


MP..    HOWE'S   DEFENCE. 


most  ill  <hc  wrong.  The  members  of  Conneil  were  held  strietly 
aceouiital)le  for  the  Governor's  speech  and  letter,  and  not  a 
word  was  spoken  in  debattr  disrespectful  to  Ihe  Lieutenant 
Governor.  We  give  Mr.  Howe's  defence  of  his  conduct  at  this 
l)eriod  :  — 


i',-. 


:'l 


'fi 


Mr.  Howe  rogrettL'd  that  tlic  course  (akcn  by  (ho  niemltors  of  the 
governincut,  made  it  imperative  upon  hiui  to  enter  into  a  full  explanation 
of  some  matters,  which,  had  they  refrained  from  unjust  insinuations,  and 
violations  of  eonfidenee,  ho  should  certainly  have  been  the  last  to  introduce 
into  debate.  Tiiat  a  member  of  Council  should  have  thouj^Iit  it  within 
the  scope  of  his  privilege,  in  order  to  found  a  charge  against  his  retiring 
colleagues  and  their  friends,  to  drag  before  the  committee  not  only  the 
secret  discussions  of  the  Council  board,  but  the  private  and  confidential 
conversations  wliich  passed  beneath  his  own  roof,  seemed  to  him  a  little 
.singidar.  Sucli  a  course  was  unprecedented  in  the  records  of  any  Brit- 
ish Legislatui'c  with  which  he  was  accpiainted ;  and  if  the  precedent  now 
set  was  to  be  followed,  there  would  be  an  end  to  those  courteous  usages, 
and  that  mutual  conlidenee,  whicli  are  the  cement  and  charm  of  public 
life.  The  retiring  Councillors  and  their  friends  had  carefully  abstained 
from  any  revelations,  from  any  violations  of  confidence,  whicli  would  have 
been  unparliamentary  ;  they  preferred  no  charge  against  their  colleagues 
for  any  thing  which  had  occurred  previous  to  the  appointment  which  led 
to  their  resignations,  and  they  l)ased  their  opposition  on  the  policy  since 
jiursued,  and  on  the  documents  before  the  House.  It  would  have  been 
well  if  their  late  colleagues  had  acted  with  the  same  discretion ;  but  as 
they  had  not,  as  they  had  gone  into  discussions  in  Council,  and  bed-cham- 
ber convei-sations,  it  would  now  become  his  duty  to  lay  some  facts  before 
the  committee,  and  he  doubted  not,  that  before  he  was  done,  the  mem- 
bers would  feel  that,  as  Acta'on  was  devoured  by  his  own  hoimds,  so  was 
the  honorable  and  learned  gentleman  from  Sydney's  case  torn  to  pieces 
by  his  own  disclosures.  Out  of  their  own  mouths  they  shall  be  con- 
demned. 

l'"'ar  wiser  would  it  have  been  for  these  gentlemen,  had  they  at  once 
bowed  to  what  they  must  have  felt  to  be  the  general  desire  of  this  House 
before  it  was  in  session  a  single  day,  and  advised  the  nobleman  at  the 
head  of  tlu;  government,  to  make  such  changes  in  his  Council  as  would 
liave  inspired  confidence!  and  insured  tranquility,  rather  than  to  come 
down  hero  to  array  one-half  the  House  against  the  other ;  and,  depending 
on  the  Governor's  name  and  personal  influence,  and  «lire.i'3  of  u  dissolu- 


strictly 

not  a 

itonimt 

at  this 


•s  of  tluj 

)l:in:ition 

ions,  and 

ntrotlnL-e 
it  within 

■<  retiring 
only  the 

nlitlontial 

m  a  little 

any  livit- 

L'llt'nt  now 

u«;  usiigt'S, 
of  public 
abstaint'il 
ould  havf 
oUea^nos 
which  led 
olioy  since 
lavc  been 
)n ;  but  as 
bed-cham- 
acts  before 
the  mem- 
nds,  so  was 

I  to  pieces 

II  be  eon- 

ley  at  once 
Ithis  House 
Lian  at  the 
ll  as  woidd 
In  to  come 
dci)en(Ung 
If  ll  dissolu- 


MR.    HOWES   DKFENCE. 


397 


tion,  and  pei-sonal  charges  and  insinuations  against  those  who  di>iipprovo 
of  their  conduct,  to  seciu'e  them  a  majority  of  one  or  two,  ai'ler  a  fort- 
night's debate  on  tlw;  opening  speech,  Il;id  they  done  their  duty  to  the 
Governor,  to  this  House,  and  to  the  country.  His  Kxcellency  would  hav«! 
stood  in  the  position  which  tlie  representative  of  Her  Maje-ty  ought 
ever  to  occupy,  and  uU  these  sti'ange  discus.-ions  might  have  been 
spared. 

Th(!  object  of  the  h-arned  mcMnber  from  Sydney  ch'arly  wa-,  to  en- 
deavor to  make  the  impression  on  the  Hou<e,  that  the  Speaker  and  llie 
leaders  of  the  lii)eral  pai'ly  in  tin;  goveriimeni,  had  been  engaged  in  a 
deep  ]»lot  against  J^ord  Falkland,  and  their  colleagues,  ever  >inc(r  1812, 
and  that  tints  the  goverinnent  litid  become  weakened,  and  fuially  dis- 
membered. Now,  he  woidd  be  coinp(dle(l  to  show,  not  only  that  tln're  was 
no  tbtindatiou  for  this  charge,  but,  that  if  there  were  suspicions  .'ind  dis- 
sensions, intrigue  and  agitation,  ending  in  the  dissolution  oi'  the  House, 
and  the  dismemberment  of  the  Cotuicil,  their  late  colleagues  ami  their 
friends  were  alone  to  blame.  In  doing  this,  he  asked  the  committee  to 
bear  in  mind,  that  the  members  of  gov<'rnment  possess<'d  decide(l  advan- 
tages;  they  could  make  statements,  i)y  authority,  which,  however  much 
ihey  might  vary  from  llic^  recollection  of  facts,  and  of  expressions,  the 
House  Avi're  boimd  to  accept  ;  lliey  might  reveal  as  nnich  or  as  little  as 
suited  their  i)nrpose,  and  no  fault  woidd  be  found  ;  while  eveiy  word  ut- 
tered in  self-detence,  would  lie  tortm-ed  by  niisrt'presentation,  or  regarded 
as  a  needless  breach  of  coidhU'iicc.  It  was  true  that  he  had  obtained 
from  His  Excellency,  since  he  last  aildressed  the  committee,  permission 
to  use  his  own  discretion  in  conilucting  liis  defence;  but  he  could  not 
but  feel,  both  as  a  gentleman  and  an  ex-Councillor,  thiit,  as  that  ])(;rmis- 
sion  might  have  been  refused,  it  ought  to  be  used  with  great  didicacy  and 
discretion.  From  the  first,  he  and  his  colleagues  had  desircil  to  narrow 
the  ground  of  controversy ;  to  raise  an  intelligible  issue,  upon  which 
Parliament  and  the  country  could  decide  ;  and,  therefore,  whatever  other 
grounds  of  complaint  they  might  have  hail,  they  rested  their  retirement 
upon  the  appointment  of  Mr.  Almon,  and  so  stated  in  short  notes  to  His 
Excellency.  The  first  mistake,  as  he  conceived,  which  his  colleagues 
had  committed,  was  to  advise  His  ExceUency  to  i)ut  Ibrth  a  document, 
in  which  the  secrets  of  the  Council  were  revealed,  untenablt!  grounds  for 
the  appointment  assigned,  and  a  charge  of  wishing  to  wrest  the  preroga- 
tive, made  against  them,  for  no  other  offence  than  decorously  retiring 
from  the  government  when  they  could  no  longer  defend  its  acts.  This 
letter  he  should  not  have  referred  to,  had  it  not  been  (juoted  here  by  the 
Attorney  General ;  it  was,  therefore,  before  the  House,  and  like  the 
34 


I'M 


Ui'll! 


1   I 


:fi 


\m 


» 


ii  • 


tk 


H 


T»<"'  ■*- 


^'1'4' 


'j ' 


398 


MR.    IIOWK's   DKFENCE, 


ppooeli,  must  be  cliargcd,  not  upon  His  Excellency,  but  iipon  liis  advi-iei*. 
The  next  error  was,  placiii^jj  the  |)i'er<)i;ative  in  tiie  I'oiciintniKl  of  ilie 
speech,  in  order  that,  the  letter  and  speech  beinu;  ttiki'n  to;^elher,  the  in- 
ference niijiht  be  drawn  that  somebody  M'as  nieniiciiit;  tiie  pieroL'alive. 
Thi;?  mode  of  attack  was  miparliamcntary  ami  nnliiir.  11"  Nova  Scoliaiis 
had  not  the  right  to  retii-e  from  a  ('oiuieil,  then  none  of  tiieni  would  bi.' 
mad  enough  to  go  in  ;  and  if  the  (Jovernor,  and  not  his  advisers,  was  to 
be  Ihrnst  into  the  foreground  on  <>very  occasion  as  of  old,  there  was  then 
no  change  of  system,  and  responsil)le  government  was  a  I'hcat  and  a 
delusion.  If  there  wore  great  errors  cliargeablc  upon  the  C.)Mnell,  how 
much  more  reprehensible  was  their  conduct  in  endeavoring  to  gel  them- 
selves out  of  the  difficulties  in  which  they  had  l)een  involved  by  their 
own  folly,  by  gross  breaches  of  confidence  and  unauthorized  explanations. 
It  will  now  become  my  duty  to  trouble  the  IIoiisc;  with  a  narrative,  which 
will,  or  1  am  much  mistaken,  put  a  very  different  c<)m])lexion  upon  the 
whole  affair  to  that  attempted  to  be  given  by  I\lr.  ])odd. 

In  1810,  Mr.  IMcNab  and  I  went  into  Lord  Falkland's  Council ;  we 
were  then,  and  for  sixteen  months  after,  the  sole  representatives  which 
the  lilterals,  numiiering  two-thirds  of  the  House,  had  at  the  board.  Did 
our  giving  our  best  assistance  to  the  Lieutenant  Governor,  mider  such 
circumstances,  show  a  desire  for  party  government,  for  conservative  exclu- 
sion, for  a  monopoly  of  power?  I  think  not,  and  I  believe  few  persons 
would  have  risked  as  much  and  borne  as  much  as  we  did,  from  the  jeal- 
ousy and  distrust  of  our  own  friends,  in  order  that  the  govenunenl  miglit 
bo  aided  under  trying  circumstances,  in  carrying  out  a  U(!W  and  beneficial 
system.  The  first  thing  which,  in  my  Judgment,  weakeneil  the  new  gov- 
ernment, was  the  conduct  of  nearly  all  the  i)ublic  officers,  ami  most  of 
the  friends,  and  relatives,  and  dependents,  of  our  lat(^  colleagues,  who,  al 
the  elections  of  1810,  voted  and  acted  against  Mr.  IMcNab  and  myself 
who  were  memljers  of  the  government,  and  our  friends  avIio  were  pledged 
to  sustain  it.  The  next  thing  was  the  indecent  conduct  of  a  near  relative 
of  the  Attorney  General's,  who,  at  a  ])ul)lie  ball  given  afterwards,  was 
seen  to  hiss  Lord  Falkland's  health.  Those  who  saw  such  things,  natur- 
ally concluded  that  there  could  be  no  good  feeling,  no  real  sincerity,  in 
the  Council.  Previous  to  the  meeting  of  the  House,  the  absurd  cry  of 
"  the  Premier,"  was  raised  by  the  conservative  press,  to  prejudice  my 
claim  to  the  speakership,  some  of  my  colleagues  being  competitors  ;  this 
cry  had  ever  since  been  continued,  leading  to  much  misrepresentation 
and  mischief. 

The  House  met  in  February,  1841,  and  shortly  after  the  members  of 
government  here  made  their  explanations  of  the  new  principles  and  policy 


MR.   HOWE'S  DEFENCE. 


399 


of  llw 

tlu'  iu- 
oifiitivo. 
■icotiaiis 
Ollltl   1>'.' 

VilS  tlll'll 

it   iind  a 
icil,  lio^v 

rcl  lllt'lU- 

iinfitioiis. 
^■(',  whioli 
upon  lli<.' 

iinril;  we 
vcs  avIi'k'Ii 

ndcr  ^la'li 
ivc  (>xol\i- 

1  the  j<'!il- 
jcut  mii^lit. 
beiu'Cu'iiil 
new  gov- 
1(1  ino.-t  of 
|cs.  who,  at 
1(1  mysoh' 
re  ph>dgc'(l 
ir  rcUitivc 
rt'aril:^,  was 
ng>,  nainr- 
|inccrity,  hi 
11(1  cry  of 
'judicc  my 
itors;  this 
iroscntatiou 

icnibers  ot 
and  policy 


(o  111'  piiisiiod.  Tlif)iif^h  tho  lan<i;iiap;fi  varied  in  substance,  (hey  all  agfoed 
that  tlioiigli  th(;  (Jovenior  wa-  re,>i)onsibIe  to  tlie  .sovi'rcij;ii  uIoir-,  nnd 
f/nif  n'spoiisil)ility  eoiild  "devolve  on  no  man,"  yet  that  his  advisers  wcn> 
l'espoiisil)lc  to  the  House  fur  all  his  aets,  and  I'or  every  exeivise  of  the 
preroj;ative,  and  that,  if  these  were  not  satisfactory,  ii  vote  of  the  Assem- 
bly could  comp(d  them  to  re-ign  or  to  dissolve  the  House.  This  is  th<! 
es.-enee.  ol'  the  Doddean  coul'ession  of  faith.  These  have  been  the  true 
principles  of  the  government,  never  varied  from  or  disavowed  liy  Lord 
Fallihmd,  I'rom  the  moment  that  his  administration  was  i'ormeil.  It  was 
to  have  lu'en  expected,  then,  that  our  colleagues  in  the.  Legislative  Coun- 
cil would  have  held  the  same  language,  and  liiirly  avowed  the  same  priu- 
cii)les  that  we  did  here.  lUit,  on  the  contrary,  their  statements  were  so 
dillerent  from  ours,  in  jiart  frittering  (hem  away,  and  iii  part  tlatly  con- 
tradicting them,  that  from  th(i  moment  they  were  made,  there  was  a  very 
general  imiiression  of  blundering  misconception  of  the  new  system  on  (ho 
part  of  our  colleagues,  or  of  bad  faidi,  which  not  only  weakened  us  in 
the  House,  but  liad  its  effect  upon  our  friends  and  supporters  throughout 
the  country;  the  oiu;  set  ado[)ting  (he  principles  as  explained  by  us,  and 
the  other  as  mystilied  and  misstated  by  our  colleagues.  So  strong  was 
the  dissatisfaction  exhibited  in  the  House,  that  I  found  it  necessary  to 
refer  to  (he  misstatenienls  made  in  the  other  end  of  the  building,  and  rc- 
itei'ate  and  enforce  the  views  previously  given  here.  [Mi'.  Howe  here 
quoted  froni  the  reports,  extracts  from  the  speeches  of  the  Attorney 
Genera],  Mr.  Stewart,  and  himself.]  ]Mr.  Howe  said  that  he  would  have 
been  justilied  in  (piilting  the  government,  or  insisting  on  the  dismissal  of 
his  colleagues,  the  moment  (hat  those  extraordinary  speeches  were  made  ; 
and  he  would  liave  done  so,  but  that  he  did  not  wish  to  produce  embar- 
rassment, and  because  he  hoped  tliat  (he  day  would  come  when  his  views 
and  statements  would  be  authoritatively  confirmed.  He  had  got  his  re- 
ward ;  the  day  ha<l  come,  and  whatever  he  might  have  endured,  or  risked, 
or  forborne,  to  bring  it  ahout,  he  had  now  the  satisfaction  to  see  (he  At- 
torney General  frankly  adopt,  on  (he  floor  of  (his  Assembly,  the  princi- 
ples in  their  fullest  extent ;  and  (o  find  (hat  in  the  new  House,  fresh  from 
the  people,  there  was  not  a  man  bold  enough  to  stand  up  and  deny 
them. 

On  the  8th  of  April  Mv.  Huntington,  who,  Avith  several  of  my  friends, 
had  from  the  first  been  dissatisfied  with  the  administration,  partly  from 
the  insufficient  representation  which  the  liberals  had  in  it,  and  partly 
from  the  grounds  of  susi)icion  which  our  colleagues  and  their  friends  had 
thus  furnished  of  insincerity  and  bad  faith,  moved  an  address  on  (he  civil 
list  question  which  was  tantamount  to  a  vote  of  censure.     The  liberals, 


^>> 


I       il 


I 


&h 


ff 


I!- 

AT. 


I  iP 


i  ■ 


400 


MR.   nOWK'S  niFKNCK. 


'I 


nt  llio  time,  ('om|)o.''p<l  two-tliinls  ol'  the  IIoiisc.  Had  Mv.  Mc'Snh  and  I 
fell  iiicliiicd  to  iiilrii^iic  aj,'iiiii.-«t  ouv  collcaj^iics,  wv  needed  only  to  luivc, 
yielded  lo  the  earnest  solicitations  addressed  to  us  I)y  my  honorable 
Iriend  IVoni  Vai'rnontli,  and  my  lat»^  lionoraldo  friend  from  Windsor, 
dining  that  session,  who  repeatedly  nr<j;cd  us  to  join  them,  or  even  to 
stand  aside  and  let  tlieni  sweep  out  of  tlio  way  tlio  weaker  portion  of 
the  Conncil.  Did  wc  do  this  ?  Did  we,  as  the;  learned  member  from 
Sydney  would  now  wish  to  insinuate,  le.lour  countenance  to  sueli  a 
niovemcnt,  or  disf^racc  ours(dves  by  such  an  intrigue  ?  No,  sir;  my  lan- 
guage to  my  friends  at  that  time  was,  As  I  have  acted  honoralily  by  you 
while  associated  with  you  as  a  party,  so  am  I  bound  to  act  honorably  by 
those  Avitli  whom  I  am  associated  in  th(^  g(»vernment.  If  you  move  a 
vote  of  censure,  1  will  defend  the  government  as  a  whole,  by  its  acts  and 
policy,  and  defeat  you  if  I  can.  They  wen;  defeaU'd  by  a  majority  of 
thirty-three  to  six,  and  the  session  was  triumphantly  brought  to  a  elosc. 
Now,  lievc  let  me  say,  as  my  learned  friend  has  thought  propci*  to  give 
us  conversations  as  evidence  of  intrigues,  that  some  time  after  the  dose 
of  the  session,  one  of  my  learned  colleagues  frankly  admitted  to  a  col- 
league now  in  this  House,  that  he  hud  purposely  made  a  t,;  jech  in  which 
the  princiides  of  government  were  mystified,  because  ho  .viw  there  was 
to  be  a  change  in  the  ministry  in  England,  and  thought  they  ^vould  be 
withdrawn.  What  can  the  committee  think  of  a  member  of  government 
thus  embarrassing  his  colleagues,  and  grossly  betraying  the  Lieutenant 
Governor?  Yet  these  are  the  gentlemen  who  now  complain  of  intrigues 
for  dismembering  the  Council. 

Mr.  IIow(;  here  referred  to  the  state  o'"  the  press  at  this  period,  to 
show  that  wdiile  he  as  an  editor  supported  ihe  government  and  defended 
his  colleagues  for  sixteen  months,  —  the  Recorder,  Register,  and  country 
newspapers,  on  the  liberal  side,  doing  the  same,  —  The  Messenger,  Mr. 
Johnston's  organ,  which  had  of  late  become  eminently  political,  main- 
tained a  sulky  silence,  and  the  conservative  papers,  which  now  supported 
the  government  because  the  liberals  were  out  of  it,  were  teeming  with 
slander  and  invective.  lie  referred  to  i;  series  of  articles  written  by  him 
in  defence  of  the  government  in  the  spring  of  1811,  and  to  a  eulogium 
upon  his  colleagues  printed  in  the  last  number  he  ever  published,  at 
the  close  of  that  year.  Thus  it  was  that  he  had,  by  a  steady  resistance 
of  all  importunity  from  the  liberals,  by  an  ardent  and  zealous  support  of 
the  government,  ultimately  brought  nearly  the  whole  party  to  give  it 
cordial  support.  Mr.  Howe  shoAved  that  the  favorite  idea  of  the  conser- 
vative Avriters  of  that  day  was,  that,  as  the  tories  had  got  into  power 
in  England,  Lord  Falkland  ought  to  be  removed,  the  old  Council  re- 


l^'\ 


MR.    IIOWE'S   DEFKNCE. 


tOl 


>  and  1 
0  liavo 
noniblo 
'iiulsor, 
even  to 
lion  of 
or  IVoin 
»  sucli  a 
my  livn- 
r  by  you 

nibly  ')y 

move  a 

actA  and 

ijority  of 

)  a  donC. 

■r  to  give 

tho  t'losc 

to  a  col- 
i  in  which 
there  was 
Avouhl  he 
)vernment 
lieutenant 
f  intrigues 

period,  to 
I  (leiended 
id  country 
■nger,  INIr. 
|ical,  main- 
supported 
Iming  with 
en  by  him 
eulogium 
ibUshed,  at 
res^istancc 
support  of 
to  give  it 
|the  conser- 
nto  power 
!ouncil  re- 


stored, and  tho  hhorals  turned  oul.     lu  fact,  tliaf  our  own  Liu'Isliituro 
ought  not  to  have  the  smallest  iulhieiice  upon  oiu"  own  government. 

Ml.  Dodd  him^eh',  ahlioiigh  of  his  fair  and  honorable  eimdMcl  in  the 
main  iie  had  no  rea>on  lo  doid)!,  certainly  bad,  up  to  tlie  period  to  wliieh 
he  referred,  conunitled  a  blunder  which  was  well  ealeidate(l,  and  did, 
weaken  tlu;  goverinnent  and  bring  it  into  contempt.  In  going  upon  tho 
hustings  and  pledging  himself  to  a  dismemberment  of  the  I'roviuce, 
without  the  sanction  of  tin?  Lieutenant  Oovernor,  or  consullation  with  his 
c<dleagues,  he  conmulted  an  oHeuf'e  eompare(l  with  whieh  Iiis  own  unibr- 
tuiiate  notict!  of  motion  in  1S|;»  smdv  into  insignificanee. 

]Mr.  Howe  here  referred  t(»  the  Lieutenant  Governor's  dismissal  of 
Mr.  IVumey,  and  showeil  that  while  the  conservative  friends,  relations, 
and  dependants  of  his  eolleagues,  with  but  few  exceptions,  and  many  of 
th('  public  oflicers,  b<tth  in  i)ublic  meetings  and  in  the  societies,  openly  op- 
posed Lord  Falkland,  the  liberals  and  the  liberal  press  >tood  by  Iiim  to  a 
man.  Li  tracing  down  his  narrative  to  1HI2,  IMr.  Howe  declared  that 
for  six  months  of  that  year  he  scarcely  wrote  a  line,  except  an  article  or 
two  in  defence  of  the  government,  while  tlu?  most  savag(!  and  violent  as- 
saults were  made  upon  IVfr.  l\r<'\ab  and  himself  l)y  the;  tory  press  of 
Halifax  and  Pictou.  I  come  now,  >ir,  said  he,  to  tin;  events  which  li'd  to 
the  conference  in  Air.  Dodd's  bedroom,  of  which  such  an  \mfair  use  has 
been  attenijtted  to  be  made.  Let  me  ask  what  took  us  to  Air.  Dodd's 
chamber?  On  the  10th  of  February  we  lost  the  baid\rui»t  l)ill;  this 
was  the  cause  of  the  conference  —  the  reason  for  the  uneasiness,  the  sus- 
picicm  and  the  ditTiculty  of  the  time.  IJut,  sir,  was  it  our  intrigues 
that  defeated  that  bill  ?  Did  tin;  liberals  only  oppose  it?  No,  sir;  of 
the  sev(!nteen  members  who  voted  with  the  govennnent  on  that  occasion, 
hut  five  were  conservatives,  while  ten  conservatives  voted  against  us. 
Of  the  five  who  voted  for  the  measure,  three  were  members  of  Council, 
so  that  our  colleagues,  who  at  that  time  held  seven  seats  in  Council, 
while  we  liehl  but  three,  only  brought  us,  in  addition  to  their  own,  two 
votes  to  sustain  us  on  an  important  government  (piestion.  I  remcMiiber 
the  astonishment  with  which  I  regarded  that  division ;  th(^  ollicial  and 
other  influences  which  were  supposed  to  have  produced  the  result ;  and 
I  remember  when  Mr.  Dodd  put  the  question  to  me,  as  to  whether,  in 
the  event  of  the  government  being  overwhelmed  with  a  vote  of  want  of 
confidence,  we  would  go  to  the  country  and  unitedly  oppose  those  who 
passed  it,  that  my  answer  was,  that,  though  I  would  manfully  delL'nd  the 
government  down  to  the  last  moment,  and  act  honorably  by  my  col- 
leagues, yet  that,  if  we  were  defi'ated,  so  heartily  sick  was  I  of  the 
treachery  and  blundering  and  unfair  conduct  of  some  of  them  and  their 
34* 


i 


Mi 


i\   i;'^' 


w 


:'    ll 


^'1 


It 


iiffi 


402 


MF!.    IIOWK'm   nr.FKNCK. 


fl   . 


[ii.i  .-I'ri 


')•■ 


1 1 


fricMuly.  lli.'it  !i()tliiii'jr  slutuM  indin'c  inc,  if  omc  lionoraltly  (ml  dl"  ili(>  ad- 
ministralidii,  to  <:(>  into  il  a-iaiii.  Wlial  Mr.  Yomij,'  said,  I  do  not  rc- 
inctnli<  r,  luft  that  was  what  I  fell  Miid  I'airly  expressed. 

On  (he  I7lh  of  l-'eli'Miary.  Immumt  determined  to  ascertain  what  tlie  real 
Ptrciiglh  ol"  the  o|ii»()>ilion  was,  the  resolntion  of  eonlidenee  was  inlro- 
diicod  ;  it  was  moved  hy  Mr.  Lewis  and  seeon(h'd  liy  Mr.  Chipman,  and 
both  these  <;('nth'men,  it  is  <;enerally  lieiieved,  as  u  reward  ilti-  ih(!  ^jjoud 
pcrviccs  they  tlicn  rench'red  to  the  ailmiiiisi ration,  were  disphieed  at  thti 
rrcent  «'li'etioiis  liy  the  exertions  of  zealous  pjirlisans  of  two  inemher.s  of 
llio  very  a(hainistration  they  thus  stepped  forwaid  to  re-eiM'  from  a  most 
Inimiliatinii  position.  I  am  now  .speakin;;  of  ISL'.  a  week  alua'  the  loss 
of  llu^  lianknipt  liill,  and  the  eonfei-enee  at  Mr.  Dodil's,  he  still  being 
confmeil  to  liis  cliamltei'.  IMy  sincerity  and  that  of  tlu;  speaker  then 
■was  evinced  I)y  holdly  pi'(ipoim<liii.Li  a  vole  of  eonlidenee  ;  liy  making 
speeches  of  tin'ce  honrs  in  defence  of  it ;  Iiy  indnciiig  twenty-seven  liberals 
to  vote  for  il — the  conservatives,  driven  to  take  one  side  or  tin;  other, 
lending  \ir<  hat  thirteen.  Of  the  eight  laemhers  wlio  voted  in  the  minor- 
ity, but  time  uere  of  our  party.  Tims  il  was,  sir,  that  wi^  at  tliis  period 
snstaine(l  tlie  government,  and  yet  iMr.  Dodd,  who  sat  in  his  bedroom  all 
the  time,  now  seck<,  !it  tla^  end  of  two  years,  to  I'onnd  a  charge  agtiinst 
us  of  ini'amons  and  ambitions  personal  inirigne. 

The  moment  this  resoUitioii  passed,  the  government  was  again  in  a, 
powcrfnl  position.  What  struck  it  <l(iwn  and  parali/ed  il  almost  imme- 
diately after?  What  so  shattered  and  weakened  it,  that  we  were  threat- 
ened with  a  repeal  of  the  veiy  vote  oi"coididence  which  iiad  jnsi  passed  ? 
Need  T  icminil  the  Attorney  (Jcneral  and  Mr.  Dodd  what  it  was  that 
jiroduced  that  crisis,  which  led  to  cabinet  coancils,  and  the  lltrmal  and 
final  annnnciation  of  llie  principles  of  the  government  in  the  coid'ession 
of  faith?  ])o  they  forgc^t  that  some  members  of  government  in  the 
Legislative  Council  had  again  denied  the  very  e.\istenee  of  that  respon- 
sibility which  Ave  had  all  here  acknowledged,  and  upon  tiie  faith  of  which 
our  majority  here  was  secured  ?  Do  the  members  of  government  here 
forget  the  events  of  that  period?  I  remember  seeing  at  Antwerp  a  cu- 
rious picture  of  a  boy  taking  physic,  his  brother  holding  his  npi)er  jaw. 
his  sister  the  lower,  while  his  mother  thrust  down  the  medicine  with  a 
spoon.  As  an  offset  to  the  b(!dchainber  story  which  my  honorable  and 
learneil  friend  from  Cape  IJretoii  has  given  us,  I  think  I  could  rel;ite  a 
scene,  in  which  he  and  I  acted  as  assistants,  and  in  which  tlie  Doddean 
confession  was  thrust  down  two  learned  and  honorable  throats  by  strong 
compulsion.  The  picture  would  be  a  curious  illustration  of  the  past,  but 
I  forbear,  though  the  medicine  then  administered  has  never  seemed  to  sit 


Mil.   nOWE'fl   nEFF.NCK. 


403 


lio  tul- 
lol  n- 

lic  ronl 
I  iiitro- 
an.  iui'l 

!(•    <f(M)tl 

I  jit  th« 

il)i'rs  c»f 
\  ii  ii\<»'t 
tin;  loss 

II  Ix'inLl 
ivr  tluMi 

milking 
I  liltcrul-* 
lu!  other, 
ic  miiior- 
li-;  pcrioil 
ilrooin  Ji^l 
;o  again?-t 

jji;iun  in  a 
)st  inimc- 
■  le  thirtU- 
t  passi'd  ? 
was  tluvt 
unial  mul 
iconlcssiou 
■Mt  in  llie 
at  rcspoii- 
1  of  which 
ncnt  here 
.■(■rp  a  ni- 
ipptn-  jaw, 
|iii(!  with  a 
)i-abhi  anJ 
(I  relate  a 
DcHlilean 
^  l)y  strong 
jie  past,  but 
med  to  sit 


easy  on  the  stomachs  of  thosu  conipcllcil  to  take  it,  and  they  have  rarely 
let  >!ip  till'  opportunity  to  eject  it  again. 

Mr.  llowe  here  referred  to  the  serii's  of  letters  abusing  himself  and  Mr. 
Young,  two  nu'inbers  ol"  the  p)V('rhnieii(,  in  llie  spring  of  lH|-J,  in  'I'he 
IMessciigtr,  a  paper  iMJitcd  by  an  oiru't  r  of  the  goveriunciU,  as  anothir 
cmioiis  indication  of  thai  want  of  aniily  and  nnitiial  conlidtni'e  and  luu- 
tual  protection,  which  was  forced  upon  tin'  puldie  mind  by  tlie  folly  of 
those  who  were  responsible  to  the  country  for  all  the  mischief  whieh  had 
occurred.  At  these  attacks,  coming  from  a  soiu'ce  over  which  it  was 
8upp(»sed  the  Allorney  (Jcneral  had  some  eontrcd;  written,  as  they  ini- 
doidttedly  wei'c,  by  an  intimate  friend,  and  aime(l  at  two  of  lii>  colleagues, 
who,  down  to  that  period,  hail  acted  towards  him  with  all  t»incerity  and 
goo(l  faith,  the  libend  party  wen;  iiatiu'ally  indignant.  His  answer 
to  his  li'iends,  who  complained  of  what  they  regarded  as  evidence  of 
treachery  and  hostility,  was,  "The  Attorney  (leneral  is  not  answerable 
for  the  lolly  of  all  his  friends;  he  should  not  be  charji^ed  with  all  that  his 


friends  chose  to  write  in  the  new- 


pap 


•rs,  or  blamed  because  his  col- 


leagues are  attacked."  Down  to  this  period,  ntiy,  ibr  six  months  after 
the  conversations  in  Mi'.  Dtxlil's  bedchamber,  I  not  oidy  felt  no  hostility 
and  harbored  no  suspicions,  but  certainly  hiid  never  knowingly  performed 


an  act,  spoken  a  wor 


il,  or  written  a  line,  v.hich  could  have  a  tendency  to 


weaken  the  government,  or  lower  my  colleagues,  indivitlually  or  I'ollect- 
ively,  in  i)ul)lie  estimation.  In  the  sunmier  of  1812, 1  became  eD^ragod  in 
a  controversy  with  two  individuals  about  matters  purely  personal.  Into 
the  merits  of  that  controversy  il  is  not  necessary  lor  me  to  go;  it  is  sulU- 
cient  I'or  me  to  express  the  astonishment  with  which  I  saw  om;  of  my 


coll 


ea^ue 


th 


onoral 


Jl(! 


aiK 


I  k 


earned  Attorney  deneral,  step  out  mto 


the  newspapers,  and,  without  cause,  without  really  knowing  any  thing  of 
the  matter,  volunteer  a  [tublie  attack,  over  his  own  signature,  upon  mc, 
who  had,  iitr  more  than  two  years,  under  the  most  trying  circumstances, 
stood  between  him  and  the  hostile  ti'clings  and  well-groundcil  suspieicms 
of  my  i'riends.  Though  highly  indignant  at  this  un|)rovoked  attack,  and 
though  I  expressed  what  I  felt  frankly  to  the  Attorney  General,  lor  the 
sake  of  the  government  of  which  we  were  both  members,  1  naturally 
passed  over  the  matter  as  lightly  as  possible  in  the  public  notice  which 
I  was  compelled  to  take  of  it,  but  endeavored  to  induce  my  friends  to 
believe  that  it  si)rung  from  a  mistaken  sense  of  duly  rather  than  from 
any  less  honorable  impulse.  IMy  friends,  personal  and  political,  took  a 
dilferent  view  of  the  matter;  they  considered  this  but  as  the  final  evi- 
dence of  the  existence  of  intrigue  and  hostility  whieh  they  had  long  sus- 
pected, and  another  circumstance  shortly  after  gave  new  force  to  their 


li^  i'i 


li. 


I       il 


^■iS'r 


■\\    ! 


i 


tX  ilH 


404 


-.(I 


if  ■  .'!lf 


I'll 


■"'^'  ■■   .'  t  it!  .  ' 


MR.   TIOWE'S  defence. 


suspicions.  [Ilorc  ^Ir.  Howe  (Iclicatcly  roferrcd  (o  INIr.  Stowavt's  pro- 
position to  Mr.  Uniackc,  to  jiot  into  tlio  boat  wiili  liiin  anil  Jolin.-ton,  form 
u  combination  of  Baptists  and  Tories,  anil  thi'ow  Iiini  ovorlmaril.]  That 
story  liail  riroiilateil  for  fifd'cn  months  nni'ontrailifteil,  nor  did  he  Ijeliovc 
it  could  be  contradicted,  for  when  lie  had  indignantly  remonstrated  with 
Mr.  Stewart  at  tlie  time,  though  he  denied  any  serious  intention,  he  ad- 
milted  having  used  the  language  attributed  to  him;  and  one  thing  was 
very  certain,  the  combination  of  Tories  and  Baptists  was  formed,  tlie 
Attorney  General  and  Mr,  Stewart  were  in  possession  of  the  boai,  and 
he,  and  Mr.  Uniacke  who  refused  to  be  a  party  to  the  novel  alliance,  liad 
been  driven  out.  Thus,  then,  had  he  acted  towards  his  colleagues,  and 
in  this  spirit  had  they  acted  towards  him.  Down  to  this  period,  running 
over  two  years,  the  liberal  members  of  the  Council  had  done  every 
thing  in  their  power  to  shield  their  colleagues  and  strengthen  the  gov- 
ernment; they  had  defended  them  in  the  press,  and  covered  them  with 
friendly  majorities.  Mystification  of  principle,  floods  of  I'onservative 
abuse,  secret  intrigue,  and  open  attacks,  were  their  reward,  unHl  their 
friends  would  no  longer  listen  to  their  remonstrances,  and  resented  a 
course  of  conduct  which  they  believed  to  be  most  unprecedented  and  un- 
fair. Down  to  the  close  of  1842,  the  liberal  press  and  liberal  party  had 
sustained  the  government  in  good  faith,  but  when  the  Attorney  General's 
letter  and  INIr.  Stewart's  intrigue  became  public,  from  that  moment  they 
suspected  a  state  of  feeling  in  the  Council  which  ultimately  produced  its 
natural  results. 

Mr.  Howe  here  touched  lightly  upon  the  memoi'ials  sent  to  the  Gov- 
ernor by  Mr.  Johnston's  friends  —  their  attack  in  Tlie  3Iessenger,  in  the 
winter  of  1843,  naturally  leading  to  severe  retorts  from  him  while  dis- 
cussing the  question  of  colleges.  He  traced  the  progress  of  public  busi- 
ness through  the  Qualification  Bill  debates,  and  Mr.  Dewolf's  retire- 
ment, to  show  how  steadily  Mr.  McNab,  IMr.  Uniacke,  and  himself, 
whatever  causes  of  complaint  they  might  have  had,  sustained  the  gov- 
ernment down  to  the  spring  of  184o.  A  very  large  section  of  the  lib- 
erals voted  to  sustain  the  government  and  the  Qualification  Bill,  but  yet, 
towards  rlie  close  of  the  session,  there  was  sufficient  evidence  of  the  grad- 
ual formation  of  the  Baptist  and  Tory  league,  which  jMr.  Stewart  had  been 
the  first  to  announce,  and  to  which  INIr.  Dodd  seemed  to  be  lending  him- 
self^ to  rouse  the  indignation  of  his  friends.  A  good  deal  of  uneasiness  was 
created  by  these  indications,  but  the  sincerity  with  which  he  still  acted 
towards  the  Lieutenant  Governor,  and  towards  all  parlies  concerned,  was 
shown  by  his  anxiety  to  get  Mr.  Huntington's  support  to  the  government, 
for  which  he  still  continued  to  hope  down  to  a  very  late  period  of  the  ses- 


MR.   HOWE'S   DEFENCE. 


405 


i   ■' 


'rt  pro- 
1,  form 

That 
iK'licvc 
hI  with 

he  ad- 
iiig  was 
0(1,  the 
jui,  and 
ice,  had 
lies,  and 
runnhig 
le  every 
the  gov- 
lem  with 
servative 
nnl  their 
esented  a 
1  and  im- 
part y  had 
[General's 
nent  they 
need  its 


10  Gov- 

;er,  in  the 
Uile  dis- 
jlic  busi- 
s  retire- 
himself, 
d  tlie  gov- 


\X 


t 


■  the  lib- 
,  but  yet, 
the  grad- 
had  been 
iding  him- 
siness  was 
still  acted 
■rnod,  was 
)vernment, 
of  the  ses- 


sion. When  that  gentleman  declined,  and  wlicn  some  hills,  favorites  in 
the  House,  had  been  destroyed  by  members  of  government  in  the  Legis- 
lative Coimeil,  a  det(;rminution  Avas  shown  I)y  ^fr.  Annand,  Mr.  Hun- 
tington, and  otiiers,  to  move  against  the  adminislraiion.  Again  ^Ir. 
MeXab  and  himself  interposed,  remonstrated,  and  olitained  an  assurance 
from  the  more  moderate  of  tli(!  parly  tliat  they  would  not  sanction  the 
resolutions  which  had  I)een  shown  around  the  House  And  thus  the 
business  of  the  session  of  LS1.'5,  after  all  our  dillicultii'^,  was  drawing  to 
a  close.  On  coming  down  to  the  House;  one  morning,  after  the  liberal 
party  had  thus  been  induced  to  withdraw  o[)position,  Mr.  Howe  said  he 
heard  that  a  re-olution  was  to  be  moved  by  the  other  side  against  him; 
he  inquired  what  its  nature  was,  and  who  was  to  mov".  it,  but  could  get 
no  information.  Supposing  it  was  somelhing  aimed  at  his  ollice,  he  pre- 
pared a  general  resolution,  which  included  nothing  more  than  Lord 
Falkland  had  over  and  over  again  slated  his  desire  lo  establish  ;  which 
we  had  all  been  struggling  towards,  and  hoped  yet  to  reach,  and  which 
would  have  raised  the  broad  (piestiou,  of  whether  heads  of  departments 
were  or  were  not  lo  sit  in  the  House.  He  did  not  tliink  it  necessary  to 
consult  his  colleagues,  Iiecause  nothing  might  be  moved ;  he  could  not 
give  any  definite  information,  fi)r  he  had  none  himself,  and  besides,  mat- 
ters had  got  into  such  a  strange  state,  that  really  it  was  diificidt  to  tell 
from  what  quarter,  or  from  whose  hand,  the  next  lilow  at  him  might 
come.  When  IMr.  Marshall  rose  and  gav(!  the  notice,  his  was  given, 
and  what  did  it  amount  to?  It  was  a  notice  that  he  would  do  something 
a  year  hence,  if  another  gentleman  did  something  also,  three  himdred 
and  sixty-live  days  being  allowed  ibr  consultation,  and  noi)ody  being  tied 
up  by  the  exact  words  of  the  resolution;  which  was  innnediately  re- 
turned to  his  pocket,  and  might  have  Ix-en  l)iiri(Ml,  or  else  modified  in 
any  way,  if  distasteful  or  injudicious.  Now,  said  Mr.  Howe,  let  me  take 
the  worst  view  that  can  be  taken  of  this  act ;  supjiose  it  hasty,  impru- 
dent, or  the  result  of  feelings  roused  and  provoked  by  three  years  of 
folly,  imprudence,  treachery,  and  most  deadly  assaults  coining  I'rom  the 
other  side ;  suppose  it  an  attack  upon  the  government,  which  it  was  not, 
or  a  reflection  uiion  my  colleagues,  which  it  was  not,  surely  it  ill  became 
those  whose  own  conduct  had  provoked  it  —  it  ill  beconu>s  them  now  to 
make  a  mountain  out  of  this  nnfortiniate  notice  of  motion,  the  only 
act  upon  which  they  can  f)und  an  objection  from  1810  down  to  ISio. 
Mischief  was  attempted  to  be  made  of  it ;  it  was  represented  as  likely 
to  set  the  comitry  in  a  (lame,  but,  like  sundry  other  notices  ol"  jnotion 
given  during  the  session,  it  was  soon  forgotten,  ami  failed  to  realize  the 
anticipations  of  my  enemies. 


ili  Ui' 


it 

li: 


.Hji^i 


!\  ■  I! 


:ii"l 


f   li   ' 


"(l,fi|h 


i  >  ■■ 


i 


fSi 


406 


Sm.   HOWE  S   DEFENCE. 


Spring  came  on,  the  grass  ^vas  verdant,  the  flowers  began  to  open,  and 
and  the  hirds  to  sing,  and  I  luit  disposed  to  forget  the  feelings  and  the 
liitignes  of  tlie  session.  Tlie  eonntry  was  (piiet,  and  the  government,  if 
not  so  strong  as  it  liad  been,  Avas  so  fiir  suecessfnl,  as  to  give  foi-  the  next 
twelve  months  but  little  uneasiness.  In  the  midst  of  all  this  (|uiet  and 
fancied  security,  away  Avent  the  Attorney  General  to  Yarmouth,  then  to 
Onslow,  and  subsequently  to  IJridgetown,  stirring  up  strife  and  agitation 
wherever  he  went,  abusing  the  House  of  Assembly  in  general,  and  mo 
in  i)artieular;  and,  on  one  or  two  occasions,  actually  framed  a  lesolulion 
aimed  at  his  unfortunate  colleague.  This  agitation  extended  over  about 
five  months.  I  took  ne  notice  of  it  [said  Mr.  Howe]  till  the  Governor 
had  completed  his  tour,  and  until  late  in  the  autumn ;  then,  having  ob- 
tained His  Excellency's  jjcrmission,  one  meeting  was  held  in  the  ca])ital, 
and  four  or  live  others  in  the  Eastern  counties,  the  Governor  frankly 
admitting  that,  the  Attorney  General  having  connnenced  the  agitation, 
he  had  a  right  to  set  his  views  before  the  Province. 

A  short  time  ])revious  to  his  going  to  the  country  a  council  was  held, 
at  which  the  subject  of  a  civil  list  was  discussed.  The  Attorney  Gen- 
eral -was  then  agitating  in  the  AVcst,  and  the  disorganized  state  of  the 
Council  was,  out-of-doors  and  in  the  newspapers,  a  general  to|)ie  of  ob- 
servation. In  answer  to  a  question  as  to  whether  the  Civil  List  Bill  could 
be  carried  in  the  House,  he  observed  that  he  had  his  doubts,  from  the 
disorganized  state  of  the  Council,  and  from  the  manner  in  which  a  ma- 
jority of  them  had  been  defamed  at  public  meetings,  whether  the  gov- 
ernment Avoidd  be  in  a  jiosition  to  carry  any  measure,  unless  some  steps 
were  taken  to  restore  confidence.  A  dissolution  Avas  spoken  of  as  a 
remedy. 

Mr.  Koss.  Ei'om  Avhoni  did  the  suggestion  of  the  dissolution  first 
come  ? 

Mr.  IIoAve.  That  is  not  material ;  I  have  used  the  permission 
granted  very  sparingly,  and  shall  adhere  to  that  course.  I  opposed 
the  dissolution  on  the  ground  that  it  Avas  not  the  proper  remedy, 
and  Avould  punish  the  innocent,  Avhen  avc  alone  Avere  to  blame.  The 
conversation  became  general,  and  the  subject  Avas  finally  dropped.  A 
day  or  two  after.  His  Excellency  did  him  the  favor  to  si'ud  for  him,  to 
show  him  a  communication  on  the  subject  of  the  civil  list.  The  subject 
AA'as  fully  discussed,  and  he  left  Avith  the  understanding  that  His  Excel- 
lency Avould  submit  as  low  a  scale  as  might  seem  to  be  just ;  that  members 
of  the  House  Avonld  do  their  best  to  carry  it;  and,  if  modilications  Avere 
forced  by  the  House,  Avhicli  His  Excellency  did  not  feel  himself  at  lib- 
erty to  acce[)t,  a  suspending  clause  should  be  attached  to  the  bill,  and 


,  and 
1  the 
lit,  if 
i  next 
.>t.  and 
lien  to 
itation 
\u\  me 
uUilion 
•  about 
ivernor 
ing  ol)- 
cai)ital, 
iVankly 
^itation, 


as 


held, 
cy  Gen- 
e  of  the 
c  of  ob- 
X\\\  could 
from  the 
•h  a  ma- 
the  gov- 
|nie  stops 
of  as  a 

lion  fivst 

levmission 
opposed 
remedy, 
lie.     The 
i)ped.      A 
1)1-  hhu,  to 
^le  subject 
[is  Excel- 
lacmbers 
lions  were 
Llf  at  lib- 
L  bill,  and 


MR.    IIOWE's   DEFENCK. 


407 


the  subject  loft  for  the  Colonial  SocrotaryV  final  adjudication.  AVith 
this  impression,  therofore,  that  the  civil  list  was  disposed  of,  ami  the 
Governor's  ditliculties  removed,  he  loft  i'or  the  country.  This,  said  INIr. 
IIowc,  is  my  impression  of  what  took  place,  but  1  am  boiinil  to  adopt 
the  extract  from  the  dispatch,  which  His  ICxcoUcncy  sent  down,  as  the 
only  statement  of  what  did  occur,  if  His  Kxcolloncy  insists  upon  it.  I 
am  authorized  to  stati;  only  wiiat  is  sanetionod,  and  where  my  explana- 
tion may  differ  from  ilw  communicalion  mad(!  by  the  Iw'ud  of  the  i^ov- 
eniment,  tlu;  House,  in  such  cases,  is  bound  to  take  his  and  not  mine. 

Mr.  Howe  said  he  left  town  the  next  day  after  his  final  inlt-rview.  The 
Attorney  General  in  iIki  interim  returned,  and  at  Aiiti;j:()nish  he  received 
a  letter  from  Mr.  IMcNab,  informing  him  that  the  fjuestioii  of  a  dissolu- 
tion had  b(!eii  seriously  revived.  He  explained  th(!  engagements  by 
which  he  was  surrounded,  and  said  that  he  had  given  his  opinion  strongly 
in  writing,  and  had  no  wish,  as  had  been  sujiposed,  to  favor  the  impres- 
sion tliat  he  had  been  consultijd. 

Down  to  this  period,  said  Mv.  Howe,  I  had  never  contemplated  the 
formation  of  a  party  government ;  I  had  never  pressed  it  upon  the 
Governor.  Though  the  subject  had  b(MMi  urged  in  the  newspapers,  I 
had  invariably  told  my  friends  that  neither  the  liberals  nor  the  conser- 
vatives wen;  in  a  condition  to  form  a  strong  government  f)f'  themselves; 
and,  although  provoked  with  the  eccentric  behavior  of  tlu;  vVttorney 
General,  had  never  contemplated  or  asked  his  exfjulsion  from  the  gov- 
ernment. 1  returned  to  town  on  Fri(hiy  evening.  On  Saturday,  a  re- 
quisition, signed  by  Mr.  Alnion  and  nearly  all  my  political  and  personal 
enemies,  came  out  in  The  Recorder,  calling  a  jmblie  meeting  of  my  con- 
stituents at  INIasons'  Hall,  to  nominate  members  for  the.  town  and  county 
of  Halif  X.  As  neither  jMr.  IMcNab  nor  mvself  had  been  consulted 
about  this  movement,  and  as  we  found  our  colleague  the  Attorney  Gen- 
eral in  the  hall  prepared  to  address  this  avowedly  hostih;  meeting,  it 
would  have  b(!on  strange  indeed,  after  three  years  and  a  half  of  such 
conduct  as  I  have  described,  ending  in  such  an  exhibition,  had  we  not 
gone  for  some  form  of  government  which  would  have  included  more 
unity,  coniidenco,  and  good  faith. 

]Mr.  Uniacke,  notwithstanding  the  disclaimer  which  appeared  in  the 
papers  lately,  encountered  at  Sydney  opposition  clearly  tractiabh^  to  the 
leaders  of  the  liaptist  party,  with  which  Mr.  Johnston  was  identified ;  oppo- 
sition which  cost  him  £700,  and  which  was,  theretbre,  calculated  to  give  him 
annoyance,  and  arouse  disunion  ;  and  my  belief  is,  that  from  the  nioinent 
it  was  ascertained  that  he  would  not  join  the  league  against  me  his  po- 
litical position  was  seriously  uienaced.     [Here  some  conversation  arose 


S'ijfi! 


■  ■'      it 

i^ 

i^:'i' 

1  ;* 

m   : 

1^   '■ 

i 

i[: 


::■■!  ! 


.1  ! 

ii.: 


M! 


13 


% 


li  • 


III 


i  ; 


u 


]!t:.t-."; 


■!i' 


■  ■-■^inf 


408 


MR.    IIOWE's  defence. 


between  the  Attorney  General,  'Mv.  Dodd,  and  'Mv.  Tlowe,  relative  to  the 
Sydney  eorrespondciiec,  from  whieli  it  appeared  that  the  impression  was 
general  among  Mr.  I'niaekc's  friends  in  C'a|)e  IJreton,  that  letters  had 
been  written  against  him  by  those  nearly  comieeted  with  Acadia  College.] 
Here  then  was  evidence  of  a  15aptist  and  Tory  eoinbination,  which 
]\[r.  Stewart  had  suggested  a  year  before,  and  which  wa.'^  found  by  the 
general  conduct  of  the  elections  l>oth  in  Halifax  and  elsewhere.  Mr. 
Howe  next  reH.'rred  to  his  interview  with  the  (lovernor  after  the  close 
of  the  elections.  As  the  results  Avere  nnfavorabh!  to  the  Attorney  Gen- 
eral on  the  college  question,  the  only  one  that  had  been  fairly  before  the 
country ;  as  it  was  evident  that  he  and  ]Mr.  Stewart  had  not  brought 
back  such  a  majority  as  would  enable  them  to  carry  on  the  government 
Avithont  the  liberals,  ^h:  llowe  suggested  that  if  ihey  would  retire,  a 
Council  could  be  formed  which,  if  His  Excellency  presented  no  insuper- 
able (lifRculties.  should  carry  on  the  business  of  the  country  with  a  respect- 
able working  jnajority.  AVIien  obj(!clions  were  raised  he  wished  to  retire 
and  get  out  of  the  way.  As  the  Governor  objected  to  this,  and  his 
friends  thought  he  ought  not  to  assume  that  the  new  House  would 
not  support  the  government  as  it  stood,  he  finally  yielded  his  own  opin- 
ion, and  conformed  to  llie  Governor's  wish.  The  appointment  of  ^Mr.  Al- 
mon  followed.  The  publicity  of  this,  it  being  known  all  over  the  town 
long  before  either  ol'  the  retii'ing  Councillors  were  consulted,  was  referred 
to,  not  to  found  a  charge  against  His  Excellency,  for  he  was  not  to  blame, 
but  to  show  that  there  w(re  gross  folly  and  breach  of  trust  chargeable  in 
some  quarter.  After  due  remonstrance,  he  []Mr.  Howe]  exiiressed  his 
wish  to  retire,  Mr.  ^  Nab,  Mr.  ITniacke  and  himself  having  made  up 
their  minds.  He  was  iidvised  to  consult  his  friends  ;  he  did  so,  and  then 
found  that  both  the  Sp<'aker  and  Mv.  Doyle,  who  had  previously  advised 
his  adhesion,  and  neither  of  whon)  had  ever  urged  or  desired  the  expul- 
sion of  the  Attorney  General,  both  gave  it  as  their  decided  opinion  that 
to  remain,  after  Almon's  appointment,  would  forfeit  the  confidence  of  the 
entire  liberal  jtarty.  For  giving  this  advice,  a  charge  of  jjcrsonal  am- 
bition was  now  sought  to  be  made  against  the  speaker,  which  he  there 
declared  to  be  without  the  shadow  of  foundation.  It  was  not  that  he  had 
not  held  '"the  scales"  ecpially  that  his  conduct  was  disapproved,  but  be- 
cause; his  masterly  statement  of  the  ease  had  lifted  the  scales  off  the  eyes 
of  members.  So  far  from  "lowering  the  House."  as  had  been  said,  he 
had  elevated  it  by  his  stirring  and  m^nly  elofjuence.  It  Avas  his  duty, 
as  the  head  of  the  House,  to  defend  its  princi[)les,  and  assert  its  powers. 
Mr.  Howe  next  stated  his  objections  to  Mr.  Almon's  appointment, — 
first,  because  it  destroyed  the  balance  of  parties  —  one  of  which  had  be- 


:i  fli 


a 


to  the 
n  "vvas 
•s  luid 

which 
Ity  the 
.     Mr. 

>c  close 

y  Gcu- 
bre  the 
brought 
■rnmcnt 
retire,  a 
insupcr- 
rcspect- 
to  retire 
jukI  his  ^ 
;c  wouUl 
wn  opin- 
f  :Mr.  Al- 
tht!  town 
5  referred 
to  bhime, 
irenble  in 
■e^ised  his 
made  up 
ukI  then 
y  advised 
lie  expul- 
jinion  that 
iice  of  the 
Isonal  am- 
he  there 
iit  he  had 
jl,  but  he- 
ir the  eyes 
11  said,  he 
his  duty, 
Its  powers, 
jitment, — 
h  had  he- 


MR.    lIOWi:  S    DEFENCK. 


409 


tore  been  iiio>t  uiKMiually  represented  —  and  next,  because'  it  was  unjust 
to  iIk'  tbrty  or  fifly  gentlemen  who,  in  l)otli  brandies  of  the  Legislature, 
liad  siislaine(l  the  gove'rninent  for  tlic;  last  three  years,  lie  denied  that 
"alliiiity"  to  any  man  was  a  good  reason  for  an  important  political  ap- 
])oiiitm(>nt.  He  thought  if  a  relative  of  his  had  been  taken  ofl'  the  An- 
napolis Imstings  and  thrust  into  the  Council,  the  Attorney  General  would 
have  had  good  gromid  of  complaint.  It  was  in  vain  for  IMr.  Dodd  now 
to  f>x;)ress  anxiety  al)Out  the  Catholics,  because,  had  the  three  Councillors 
belli  on  after  Ahnon's  a|ipoinlment.  there  would  have  been  no  vacancy, 
and  their  chiims  woidil  have  l)een  overlooked.  Had  the  intention  I'cally 
b(}en  to  elevate  a  Catltolie  to  the  board,  the  seat  given  l)y  ^Ir.  Johnston 
to  his  bi'other-in-Iaw  should  have  l)een  given  to  them.  The  learned 
member  from  Sydney  was  afraid  that,  under  the  new  system,  the  whole 
government  of  the  country  wo'.dd  be  in  the  hands  of  fiv(i  lawyers,  resi- 
dent in  town.  If  so,  some  of  them  would  represent  country  constituen- 
cies, and  all  be  responsible  to  the  House  ;  but  had  he  ibrgotten  that,  under 
the  old  system,  eleven  out  of  twelve  meml)ers  of  both  Councils  resided 
in  till!  town  of  Halifax?  A  dissolution  had  been  threatened,  bill  for 
what?  The  only  reason  for  the  last  ajjpeared  to  b(!  to  get  IMr.  Almou 
into  the  Council,  another  could  not  be  necessary  uidess  the  Attorney 
General  had  another  relative  to  provide  for.  The  idea  that  the  passage 
of  this  uiiiendmeiit  would  place  a  mark  upon  the  (Jovernor,  or  degrade 
hiin,  wa-  ridiculous.  If  he  thought  so,  he  would  vote  to  throw  it  in  i!ie 
fire.  "What  interest  or  what  feeling  could  behave  in  the  matter?  lie 
wa-;  above  our  aim.  AVe  were  complaining  to  him  of  his  Couni.'il.  not 
of  him  to  his  sovereign. 

The  learned  gentleman  from  Sydney,  complains  that  we  have  cdiaiiged 
our  names  from  retbrmers  to  liljerals,  but  he  ibrgets  that  his  l'rien<ls  set 
us  the  example,  by  throwing  aside  the  gooil  old  name  of  Tory,  and  call- 
ing themselves  Conservatives.  He  says,  the  ^Vttorney  General  and  I 
should  have  been  both  dismissed  ibr  agitating  the  countiy ;  I  admit  it; 
and  if  we  had  l)een.  T  should  not  have  complained;  but  it  is  Strang*'- jus- 
tice to  reward  him  ibr  setting  a  bad  example,  and  i)unish  me  lor  only 
following  it.  Had  we  both  been  expelled,  our  mutual  mi.-tbrtunes  might 
hav(,' made  us  mutual  friends,  and  induced  us  to  give  our  old  friends, 
who  remained,  a  pleasant  time  of  it  by  a  constitutional  opposition. 

We  are  tohl  that  if  ^Ir.  Almon  is  fit  ibr  tlie  Legislative  Cmincil,  he  is 
fit  ibr  the  Executive  also;  but  my  learnec'  friend  knows  well  that  there 
is  many  a  i)eer  who  would  never  be  thought  of  ibr  a  cabinet  mini-ter. 
If  jNIr.  vVlmon  was  selected  for  his  wealth,  Mr.  Collins  lias  more  of  it ; 
if  ior  his  ability,  iNIr.  Cogswell  is  his  superior;  if  for  his  cnler2)rise,  Mr. 
35 


i   :: 

*'' 

1    i    '  :■■ 

■,  1 

:i  ■  ',  'i 


iM' 


,i  ;  I 


nh'\^ 


I  ■ 


llM! 


V  ! 


ill  (I  I      '        t 


i        \ 


U\ 


il'N'lliffp^ 


ll 


1    '■ 


:.'M     f 


Ml 


■hif  •; 


410 


MR.    IIOWIC'S   DEFENCE. 


Cunard  hn-^  a  Piiporior  claim  ;  if  lor  imhlic  service.  IMr.  .TcfTrcy  was  an 
older  oflicer.  15ii(  no.  sii',  the  (loN^'riior  Iclls  iis  tlie  true  reason  in  his 
letter;  lie  Avas  selected  to  jj^ratily  IMr.  Johnston,  and  the  House  will  have 
to  decide  if  that  is  a  reason  with  which  they  ought  to  I)e  satisfied.  Mv. 
Ilov/e  closed  his  review  of  ]\Ir.  Dodd's  speech  Ity  descrihinif  the  ell'ect 
of  this  "No  Party"  cry,  which  would  tend  to  raise  u])  a  class  of  sneak- 
ing, contemptible  ])oliti<'ians,  like  the  fence  men  in  the  United  States; 
men  who  wanted  the  talent  or  en(;riry  t(j  win  tin;  confidence  of  either 
party,  would  seek  only  their  own  advancement,  to  the  exclusion  of  able 
and  honest  liberals  and  conservatives,  who,  each  in  his  own  way,  might 
have  rendered  the  State  some  service. 

Mr.  Howe,  in  turning  to  the  speech  of  the  Attorney  General,  regretted 
that  the  lateness  of  the  hour  and  the  length  of  time  he  had  already  occu- 
pied, wouM  prevent  liim  from  bestowing  u))on  it  that  attention  Avhich  the 
position  of  the  speaker,  rather  than  any  thing  in  the  speech  itself,  might 
seem  to  claim  at  his  hands.  It  was  the  saying  of  an  eminent  legal  au- 
thority, that  "  Lady  Common  Law  must  lie  alone,"  t'.ereby  implying,  that 
to  l)ecome  a  good  lawyer,  the  whole  mind  must  be  absorbed  in  the  pursuit. 
Thus  it  was  with  the  Attorney  General;  he  had  laid  so  long  with  Lady 
Common  Law,  that  wdien  he  got  in  beside  responsible  government,  he 
did  not  feel  much  at  his  case.  One  thing,  he  was  glad  to  hear  him  say, 
that  he  had  adopted  the  confession,  as  the.  ti-iie  ride  of  administration  ;  he 
knew  that  this  declaration  would  be  re(iuired  of  him,  and  must  be  made 
the  moment  he  set  his  foot  in  this  Assembly.  That  acknowledgenK^'it 
settled  the  general  principles ;  no  man,  therefore,  would  venture  to  dis- 
pute them.  The  learned  Attorney  General  asks  us  to  wait,  and  try  the 
government  by  its  measures;  but,  where  are  they?  The  only  one  they 
have  announced  is  the  Civil  List  l>ill,  rather  an  old  affair,  and  one  that 
would  not  now  be  offenid  if  tla,'  revenues  were  productive.  Alluding  to 
the  denial  of  the  position  that  the  Governor  can  do  no  wrong,  IMr.  Howe 
maintained,  on  high  Canadian  authority,  —  a  j)am[)hlet  written  by  an  of- 
ficer of  the  government,  anil  ])ublished  under  the  sanction  of  Sir  Charles 
Metcalf,  —  that  he  can  do  no  wrong  of  which  the  people  under  his  rule 
can  be  the  judges ;  they  being  compelled  to  hold  the  Council  respon- 
sible for  all  the  Avrong  he  does,  and  he  being  alone  responsible  to  his 
sovereign.  This  responsibility,  Mr.  Howe  admitted  now,  as  he  had  done 
formerly.  The  article  referred  to,  stated  he  could  "  devolve  it  on  no  man," 
neither  could  his  Executive  Councillors  throw  upon  him,  as  was  sought 
to  be  done  here,  their  responsibility  to  the  people,  by  crying  out,  "  insult 
to  the  Governor !  prerogative !  prerogative ! "  whenever  a  vote  of 
censure  was  moved  against  them.     There  was  as  little  consistency  in 


:»;''•■•!' 


■^  !• 


n9~  nn 

u  liis 

have 

]Mr. 

^latcs ; 

cither 

>f  iihh: 

,  might 

gretlcd 
y  oecu- 
»ich  the 
r,  might 
■gal  ail- 
ing, that 
piivsiiit. 
th  Ty.uly 
iiieiit,  he 
hiiu  say, 


.tiou: 
be  ma( 


lie 
Ic 


(Igcnie'it 
•L'  to  di^- 
il  try  the 
they 
e  that 


one 


on 


hilling  to 
Ir.  Howe 

by 


I  an  o 


Charl 


ns  r 


es 
ule 


respon- 

llc  to  his 

liail  (lone 


I  no  man, 


as  soLV 


t. 


ms 


rht 

ult 


Y( 


)te  of 
listency  in 


JIR.    IIOWF/a  DEFENCE. 


411 


what  liad  heeii  wriiten  ahont  "  foreing  opinions  "  upon  Lord  Falkland; 
no  man  hail  a  right  lo  do  that  ;  all  had  the  right  to  reason,  rmioir-trate, 
retire,  ami  go  into  opi)o>ition.  'rii('-(!  were  the  eonstilntional  ehccks  and 
giianls  operating  all  ronnd  a  ( iovi'rnftr,  hut  leaving  thr  |)rerogalivi'  un- 
lettered. The  Attorney  (Jeiieral  eoini)lains  that  we  eouple  ])arliainents 
and  prerogatives  together,  like  the  Siamese  twins.  AVe  are  right;  the 
union  and  sympathy  between  tliem  sliould  he  intimate  and  inibroken. 
Strike  away  eitlier,  and  you  <'staljli'h  a  de-[)()'.i^ni ;  let  th(.'in  act  and  re- 
act njion  each  other,  and  you  hav(!  l>rili.-h  Conslitiuional  government. 
The  Attorney  Gi'iieral  admits  that  the  old  government  of  this  <'ountry 
v;as  a  tyranny.  ]May  1  not  a^k  who  defended  it  till  it  fell?  1I<'  is 
afraid  that  a  party  government  Avould  destroy  the  independence  of  the 
House.  JUit  does  he  not  n.'meinber  that  the  House  destroyed  the  party 
government  which  Sir  Colin  Cam[)bell  maintained? 

After  touching  on  several  of  the  other  points  of  the  Attorney  Gene- 
ral's speech,  Mr.  Howe  concluded  b^'  saying,  that  as  many  charges 
had  been  preferred  against  himseli'  and  his  friends,  Ik;  had  one  to  bring 
against  the  honorable  and  learned  members  of  the  administration.  They 
knew,  in  a  single  day  after  the  opening  of  tlu^  session,  the  temper  of  the 
House;  they  knew  that  there  were  not  ten  men  here  who  ajiproved  of 
]\Ir.  Ahnon's  appointment,  or  who  would  desire  to  support  the  govern- 
ment  without  such  a  reconstruction  as  was  contemplated  by  the  amend- 
ment. Why  did  they  not  bow  with  a  good  grace  to  the  calm  judgment 
of  men  of  all  shades  of  opinion,  instead  of  i)rovoking  this  protracted  and 
angry  discussion,  and  bringing  bedchamber  stories  here,  discreditable  to 
the  House  and  to  the  government  ?  AVhy  did  they  not  do  justice,  and 
restore  confidence,  and  place  Lord  Falkland  in  the  proud  position  which, 
as  a  nobleman  deserving  of  the  respect  and  confidence  of  the  Legis- 
lature, he  ought  to  occui)y?  He  had  no  wish  or  desire  but  to  do  justice 
to  tlu;  liberal  party.  ]Motives  of  [xn'sonal  ambition  had  been  chargcKl 
upon  him;  his  ambition  was  akin  to  that  of  Fulton,  who,  while  developing 
the  principle  of  the  steam  engine,  cared  little  for  the  command  of  a 
steamboat.  To  me,  said  oMr.  Howe,  it  is  a  matter  of  trifling  moment 
now,  who  form  the  administration  in  this  Colony  or  in  any  other  ;  all  I 
desire  to  see,  are  the  principles  legitimately  worked,  and  Governors 
generously  sustained,  winning  confidence  by  the  value  of  their  measures 
and  the  wisdom  of  tiieir  appointments,  not  driven  by  temper  or  personal 
importunity  to  array  one-half  of  the  House  against  the  other,  and  weaken 
the  prerogative  by  using  it  unsparingly  in  defence  of  acts  which  public 
opinion  cannot  sustain. 


H'M 


i 


(;-♦■.;  ,j 


•  r 


!•':  ( 


r      ■ !!;; 


^1 


i  -...i 


fli 


h 


I  i: 


f.-i  •} 


■'Ai 


"'  ii! ; 


fill 


t 


I  ,ii 


412 


AMENDMENT  TO  THE  SPEECH. 


The  iunenclmcnt  moved  by  Mr.  Iluntlnglon,  and  seconded 
by  Mr.  Uiiiucke,  was  in  these  terms:  — 

Of  Your  Loi'(lshi[)'s  udmiiiistrMtioii  during  th(;  la>t  I'diit  years,  lln'  peo- 
ple's repi-eseiitatives  liavc  hitherto,  in  tlie  t'xeroiso  of  tluii-  coiislitiitioiial 
privih'gcs,  expressed  their  approval.  Thu  (Queen's  representative,  wo 
luin>1)]v  conceive,  (lillowiiiLj;  lh(!  example  of"  tli'!  august  soverei'j:n  he  rei)- 
resents,  ^Il()ldd  not  oidy  resist  with  (irniness  any  invasion  ol'tlie  pi'ero.^a- 
tivo,  but  wield  tin-  high  power?*  eonnnitted  to  him  for  the  good  of  the 
whole  peo[)I(!  residing  within  his  government.  For  llu^  maintenance  of 
his  dignity,  and  tiie  constitutional  exercise  of  the  prerogative,  he  may 
always  sincerely  rely  npon  the  loyalty  and  intelligence  of  this  House, 
faitliiiilly  relied ing,  as  we  trust  it  will,  ''the  love  the  pco[)le  of  Js'ova 
Scotia  hear  to  our  gracious  (^uoen,  and  the  attachment  which  binds  them 
to  the  mother  country." 

The  (piestion  of  i)arty  government  is  one  which  this  House  does  not 
feel  itself  called  upcju  to  raise  at  the  present  time.  The  system  of  ad- 
ministration graciously  conceded  by  the  im])erial  authorities,  subjects  the 
advisers  of  the  Clovernor  to  a  resi)onsibility  to  Parliament  for  the  acts 
and  [)oli(y  of  the  government,  and  makes  it  incumbent  npon  Jiim  so  to 
select  thein  as  to  preserve  the  confidence  of  this  Assembly;  and  we  beg 
to  assure;  Your  ICxcellcncy,  that  whenever  it  shall  i)leaso  Your  Excel- 
lency to  surround  yourself  Avith  a  Council  truly  representing  all  the 
great  interests  of  the  country,  and  enjoying  the  confidence  of  this  House, 
you  may  rely,  in  the  conduct  of  the  administration,  upon  our  '"cordial 
and  elllcicnt  suppport." 

When  the  division  was  called  for  only  twenty-six  members 
out  of  lifty-one  were  found  to  sustain  Mr.  Johnston,  who 
had  the  whole  patronage  of  the  government  to  aid  liim,  with 
Lord  Falkland's  personal  canvas,  conducted  in  any  thing  but  a 
fair  or  constitutional  manner. 

It  was  impossible  for  Mr.  Howe  much  longer  to  take  amia- 
ble views  of  Lord  Falkhmd's  proceedings,  for  every  day  he 
gave  some  new  provocation.  When  the  fourteen  days'  de- 
bate was  over,  and  the  government  was  shown  to  be  power- 
less, instead  of  submitting  with  a  good  grace  to  the  necessity  for 
an  honorable  compromise,  Mr.  Dodd  was  sent  to  the  retired 
Councillors  to  ofler  them  their  seats  again,  provided  tliey  would 


^f 


s 


NKflOTIATIOXS,    W.M?. 


413 


idcd 


lional 
■c.  wt! 

oroga- 
of  the 
nee  of 
(■  may 

•  Nova 
id  them 

oes  not 
1  of  iul- 
eets  the 
llie  acts 
m  so  to 

\  AVf  1)0g 

all  the 
House, 
corihal 


lenibers 
n,  who 
liii,  with 
,<r  but  a 


e  amia- 
day  he 
lyri'  dc- 
power- 
ssity  for 
retired 
ly  would 


suhficriho  to  a  paper,  thus  dcserihcd  l)y  Mr.  TTowc  in  his  speech 
of  the  II3ili  February,  I84;"»,  in  wliicli  Wv.  course  ol  event:*  at 
this  period  is  accurately  Irac'-d.  AVc  were,  said  he,  'Ho  be 
"uided  in  certain  uiatters"  by  tiiose  whom  we  knew  were  ni) 
safe  guides.  We  were  '•  to  state  our  coMcurrence  in  matters 
of  importance  ''  very  faintly  sliadowed  fortli  ;  to  give  '•  a  direct 
remtnciation  of  a  doctrine"  wliich  was  utter  nons(>nse ;  and 
"a  frank  recognition  of  ilie  (loveruor's  riglu ''  to  select  a 
mixed  medley  of  men  of  all  sides,  holding  no  opinions  in 
common,  to  sit  in  Ilis  Executive  Council.'" 

The  pro[)osition  was  respectfully  declined.  A  few  days  after 
Mr.  Howe  made,  through  a  nuitual  friend,  an  oll'er  to  waive  all 
personal  claims  if  Lord  Falklaiul  would  J'orm  a  strong  govern- 
ment and  resume  his  right  ])osi(ion.  'riie  gentlennui  found 
Ilis  Lordship  in  a  lowering  rage,  and  reported  to  Mr.  TIowc 
that  he  had  declared  that  there  should  be  I)etween  theui  "war 
to  the  knife."  Who  can  wonder  t!i;it  when  this  pretty  speech 
was  repeated  to  Mr.  ILavc  iIk;  revulsion  of  feeling  should 
liave  hcvn  very  painful.  If  "  \o  be  wrotii  with  thosi^  we  love  doth 
work  like  madness  in  the  l^rain,"  he  had  u  reasonaljle  excuse  for 
at  least  that  amount  of  divine  rage  called  "  virtuous  indigna- 
tion." Dow'n  to  this  moment,  I  would,  said  he,  "  hav(?  burnt 
my  house  over  my  children's  head  to  have  served  or  to  have 
saved  Lord  Falkland."  It  was  Jiardly  to  be  expected  that  this 
feeling  should  be  cherished  after  Ilis  Lordship's  declaration  of 
war. 

The  war  soon  came.  That  evening  an  extract  of  a  dispatch 
from  the  Colonial  Secretary  was  i)ublished  in  The  Gazette,  in 
which  the  Governor  was  informed  that  he  should  be  sustained  in 
"  resisting  the  pretensions  of  the  retired  Councillors."  As  they 
had  prc^tended  to  nothing  except  to  tiieir  right  to  resign,  it  was 
evident  that  this  dispatch  could  never  have  been  written  except 
ui)on  some  cx-partc  or  disingenuous  representation  of  what  had 
occiUTcd  here.     The  papers  were  moved  for  and  refused. 

A  popvdar  newspaper,  hitherto  neutral  in  politics,  was  pur- 
chased by  the  gift  to  the  })ro{)vietor  of  the  (Queen's  printership, 
from  which  Mr.  Thompson,  an  t)ld  ])ersonal  friend  of  Mr. 
Howe's,  was  removed.     This  paper  became  Lord  Falkland's 

35* 


I''    I 


I    I 


A 


•     i 

1, 

\      ■  ii 

HI'  I 


.  .J, 


i\,  I  ii 


11 


f1 


*t 


U 


41t 


THK  rUKSM. 


or«j;iili,  1111(1  tcciiicd  uilli  |)('r.s()ii;iliti('s  and  ahiisc.  '\\>  -.[M  1o 
llic  irrilalidii,  a  inililary  suri^'coii,  who  atlciulrd  liOid  h'alk- 
laiuTs  fainily,  took  llic  Held,  and  inidci*  a  i/oiii  (ft  l;iii  rrr  that 
i^oini  hccanir  t^cnrrally  known,  allackcd  llic  lihcral  leaders, 
'riie  eoinilry  was  ilaily  llooded  willi  delanialory  iiiatli-r,  and 
the  liope  was  evidently  indnli^M-d,  that  Mr.  Howe  and  his 
friends  would  be  broken  dinvn,  and  thai  Lord  l"'alkland  would 
ride  roni^di-siiod  over  the  (\)nstilnlion  so  recently  won.  'There 
^vas  some  dantjer  (»!'  il,  and  l\lr.  Howe  saw  clearly  that,  to 
t<ecnre  and  consolidalt;  wlial  had  cost  the  lil)erals  years  of 
lal)or,  the  spirit  ol"  the  country  inusj  l)e  sustained  and  pul)lic 
opinion  L^uided.  He  had  retired  JVoni  Ihe  editorial  niana<];e- 
ineni  of  'The  iXova  Scotiaii,  and  sold  the  establishment  lo  Mr. 
Nnij;ent  at  ihe  end  of  ISII.  I  becam(>  Ihe  i)ur(diaser  of  it  in 
1^  lo.  In  the  s[)rini;  of  IS  II,  iMr.  llowi",  at  the  reiiuest of  llu; 
j)arliamentary  leaders  of  Ihe  Iil)eral  parlVi  iind  in  compliance 
MJlh  ihe  i^-eneral  senlimenl  outside,  consented  lo  assume  tlu; 
conduct  of  that  paper  aij;ain,  and  of  The  iMorniiiiif  Chronicle, 
which  had  been  vecenlly  established.  An  arranifement  was 
made,  by  which,  while  I  retained  the  proprietorship  and  general 
nianaeement  ol'  thos(»  pai)ers,  Mr.  Howe  was  lel'l  free  \o  make 
wjiat  iisi>  hr,  pleased  of  llii'm  in  defenc(>  of  the  popular  cause, 
and  as  vehicles  for  the  disstuninalion  of  liberal  opinions.  This 
arranii^emeiit  was  announced  on  the  (itli  of  May,  1^1  I,  and 
lasted  till  April,  lS'j(),wii(Mi  Mr.  Howe  moved  into  ihe  coimtry. 
AVi"  ol'ivn  look  back  upon  Ihis  j)eriod  ol  nearly  two  yi-ars  of 
intimale  ])ersonid  companionship  and  coilix'rative  labor  in  a 
good  caus(>  with  mingled  feelinjifs  of  pleasure  and  salisfaeiion. 
We  were  b)gelher  much  of  tho  day  and  often  far  into  Ihe 
niglu.  \olhing  could  exceed  the  buoyant  and  cheirful  spirit 
witli  which  Mr.  Howe  applied  himself  to  i\\c  task  which  he 
had  assumed,  of  routing  Lord  Falkland,  and  his  government, 
hors(\  fool,  and  artillery,  at  the  next  election.  In  the  darkest 
hour  he  never  despaired.  He  played  through  lal)ors  nuilti- 
farious,  and  which,  to  ii  person  of  dillerent  temperament  and 
training,  would  have  been  irksome.  His  arm-chair  l)eeame 
the  (HMitre  and  rallying  point  of  ihe  whole  party.  Om*  oilice 
was  rarely  emj)ty  ;  his  house,  when  at  home,  never.     We  have 


TIIH    DDITOlilAIi   CliMl!. 


415 


oflcii  seen  liiin  diisli'm^  oil'  iiii  cdiloriiil,  wliicli  was  lo  sd  llu> 
vlidlc  I'roviiicc  laiiLjIiiii^  or  lliiiikiiii,',  surroimdcd  by  a  iiiol)  of 
JViciids  |)laMiiiiii^'  f^oiiic  niovciiiciil  «)r  i)rc|)ariiiL,'  for  some  inccl- 
jiit(.  We  have  known  liiiii  work  \vli<-ii  lie  was  wrary  ;  inspire 
others  wilii  ciieertnliiess,  wlien  liis  heart  was  sjid ;  and  he 
thoiijuhl  as  hlth-  of  <j;alloi)ini^  over  two  or  three  counties,  and 
achh-essinfi;  hall'-a-dozen  pnhlie  ineetin!j;s,  as  others  would  think 
of  a  (hi\('  round  "th<  I'oint."  Three  years  Ix'hind  the  scenes, 
had  ^'iven  him  a,  th(>rouifh  insii^dit  into  the  workini^s  of  execu- 
tive machinery,  and  an  intimate  ac(|naintanee  with  the  capacity 
and  sentiments  ol'  Ihose  to  wh()m  he  was  opposed.  Whih'  he 
had  admired,  in  Lord  I'^alkland,  some  line  personal  trails  which 
lie  undoubtedly  poss(^ssed,  he  had  looked  keenly  through  him, 
and  kncnv  his  foibles  well. 

Ill  his  openin;^  address,  l\k.  llow(!  thus  alludes  i(^  his  reasons 
for  retirini^  from  the  press  in  |sli,  and  for  resmning  editorial 
laborts  in  1841  :  — 


AVi:  Idvc  it,  \vi'  lovi'  it,  ami  wlio  ^Iiiill  dan! 
'I'o  siiv  lliaf.  we  lijve  not  lliis  oM  anu-cliair." 


Two  years  and  a  liiilfliave  ])!V<s('(l  away  sluco  we  vacatcil  the  editorial 
cliiiir,  as  we  sapposcMl  forever.  In  {Wui<f  so  we  were  not  withoiil  soino 
iuis;:;iviiiL!>;  tli;it  liie  cluuig*!  iui;^Iit  not  suhservi;  our  worMly  interests  or 
iiu-rease  oar  happiin'ss  ;  l)iit  still  tlie  step  wa-i  1m(  vital)le,  ami  we  how(,'il 
to  the  necessities  of  oiii-  |)osilioii.  HciiiLC  a  iiieinl)ei-  of  the  ailiniiiistr.'i- 
tion  aad  Speaker  of  llie  House  of  Asseiiilily,  it  was  iinpossil)le  that,  we, 
oonM  eonliaae  to  eoiidiict  a  fcarli'ss  and  independent  jiros,-.  "\V(!  eonld 
not  animadvert  njion  the  eondact  of  a  single  nienilier  of  the  body  oNcr 
w]i(}se  d(dil)erations  W(!  presidetl,  or  of  tiie  other  branch,  with  which  i(  was 
our  <bay  to  cultivate  tin;  uio-t  amicable  relations.  We  could  not  criticise 
tli(!  conduct  of  incmhci's  of  tlic  iro\crnincnf,  for  it  wa>  oin-  duty  to 
assume  the  rcsponsihility  of  their  acts;  we  coulil  not  complain  of  a  jiul)- 
lic  ollicer,  Ihr  tli(!  rea<ly  answer  would  be.  why  charge  misconduct  which 
it  is  yoiu"  husiuf'ss  to  curb  or  prevent.  Thus  hampered  it  was  impossi- 
ble that  we  could  continue  to  wield  a  bold  and  imiiartial  })en  ;  aci'U.-tom((l 
as  we  had  hcen  to  plain  speaking  and  independent  action  we  coidd  wield 
no  other.  AVc  had  loo  nuich  respect  f!>r  the  press  to  drag  it  aflcr  us  in 
the  train  of  any  administration,  however  W(dl  intcntioned,  or  usclully 
and  honorably  employed.     The  press  is  the  fourth  estate;  it -hould  bo 


!r 


•IIG 


Tirn  F.DiToiiiAL  crrAiii. 


,?iM. : 


'!!il:» 


:■) 


•     ■!     M 


the  piililic  rcn-tir  not  the  .-crvilr  ti<j,rui  of  the  oilirr  tlii'cc.  Ilciici!  the 
st'imriilinii.  Ii  \vii>  rii:Iii,  iiml  wi-f.  iiiid  iii(\  ital)lt',  wliiitfvcr  r-oiiic  of 
our  iViiiids,  \\li(t  (lid  not  Ird  as  drrply  ilic  necessity  tin-  it.  may  have 
tlionulit  at  tliat  time.  Oiir  own  lionor,  tlie  siicet'ss  of  our  iiriiiciples, 
the  inlere-t-i  of  the  |i!irty  witli  whicli  he  had  heeonie  i(h'iitifie(h  r(  luhTed 
it  im|K»<>ihh'  lin-  n<  to  aliandon  llie  pahlic  positions  w(!  had  won,  and  wo 
lluTcfore  alianiloned  (he  e(htorial  cliaii'.  tlie  indepenih'nt  dischaif^e  of  iho 
duties  of  whii'Ii  was  ineonipatihh'  with  the  maintenance  of  tIio«e  po-i- 
lions.  We  r<'tni'n  to  it  now.  not  to  //ratify  any  niorhid  (as(e  for  notoriety  ; 
not  hecaiise  onr  interests  arc  servi'd  therehy,  for  other  oc.rnpalions  losis 
onerous  and  more  prolitahh'  are  open  lictore  us  ;  Itut  as  a  soMier  returns 
to  his  i»ost  whicii  lie  may  have  left  for  a  tune  upouotherpressin;/ service, 
but  wiiich  he  cannot,  wilii  a  ihie  rciard  to  th(!  claimsaiidsafcly  of  other?', 
honorahly  ahandon.  Had  a  liiir  anil  jii-t  compromise  heen  made  hy  tlic 
Licuti'nant  (Jovernor  (hnant/  any  on(!  of  the  dozen  opporiniiities  tliat 
Avere  presented  dm'inj/  the  last  .-ession,  so  sick  were  we  of  llie  ceaselesd 
strife,  liearlless  in.-incei'ity,  and  barren  rewards  of  ('olonial  public  life, 
tliat  we  would  have  checrliilly  I'etired  to  more  tran(|Mil  pursuits,  and 
abandone(l  any  claims  that  we  might  liave  been  sujiijosed  to  have  either 
upon  the  country  or  the  guvcrnment.  J»ut  what  wo  would  have  done 
cheerfully  for  the  sake  of  peace  Ave  are  not  disposed  to  do  upim  coinjiul- 
sion.  Those  who,  tolerated  and  protected  by  the  liberal  party  l()r  three 
years,  havi;  treacherously  sou'j;ht  to  deprive  them  of  their  heritage,  to 
damage  character,  to  crush  by  fair  means  and  foul,  to  monopolize  power, 
and  who  have  committed  tlie  egregious  i'oolery  of  supposing  tliat  the 
party  which  taiiglit  them  Colonial  politics,  which  whijjped  them  out  of  one 
anti(iiiatedal)surdity after  another,  would  submit  to  leave  the  country  in 
their  hands,  have  connuitli  d  a  strange  l)hnider.  They  might  have  had 
peace;  let  them  prepare  foi' war.  Tiu'y  i-efuscd  to  share  power  u|)on  hon- 
orable ti'rms  ;  let  them  havt'  a  care  that  il  does  not  jiass  out  of  their  hands. 
They  returned  "the  magnanimity  "  which  they  wenMVont  to  acknow- 
ledge with  treachery  and  intrigue  and  defamation  the  most  lijul;  let  them 
be  assured  that  a  day  of  reckoning  is  at  hand.  At  least,  let  them  bo 
assured  of  this,  that  we  resume  the  editorial  chair  with  very  diilereut 
feelings  from  those  with  which  it  was  al)andoncd,  and  with  a  full  determi- 
nation to  give  to  the  country  the  beiielit  of  our  experience  of  the  real 
character  of  the  jiigi.dery  by  which  our  pul>lic  atfairs  have  become  so 
disiHtrously  involved.  Thank  Providence  we  are  once  more  unfettered 
and  free  to  call  tilings  by  their  right  names,  and  exhibit  men  in  their 
true  characters,  iiidep<'ndeiit  of  the  trammels  of  honorary  or  ollicial 
station,  and  utterly  regardless  of  tJiose  considerations  Avliieh  weigh  upon 


'11 


TIIK    MPITORIAL   (  IIAII!. 


117 


CO.  tho 
inc  <»f 

(•  lliVVC 

iidcnil 
uul  wo 
.  ol'llic 
('  posi- 
orit'ty ; 

rctiirn3 

-crvU'O, 

■'  ollunv-', 

>  by  the 

ics  ihiit 

•ciisolosri 

11)110  11  Co, 

ills   iuul 

v'o  oithor 

ivo  (loiio 
(•()iiH)ul- 
'or  tlirce 

nt:i;j;«',  to 

(>   JlOWl'l", 

that  tho 
|)ut  of  one 
)iiiitry  in 
iiivo  had 
i|)i)ii  hon- 
ir  hiimls. 
ucknow- 
Ict  thorn 
thoiu  be 
(lilVorent 
(U'lonui- 
tho  roal 
It'oomo   so 
iiii'ottorcd 
111   tholr 
)!•  olliolul 
loigh  upon 


the  froo  tli()iij.'Iil  and  inj»<'nuons  oxpros«i(in  In  llic  varinl  plm-r-;  ul'  piiblio 
lllo  tliroll^ih  w  liicli  \\<'  hiisc  !;il(ly  pii»-(  il.  Iliurit'oi'lh  we  can  I'nMiiiiiiiic 
with  our  0(iiMilryin<'n  a-i  \\v  wen.'  wonl  to  di*  in    liim-  u\'  nlil,  and   ni\i  r 


( 


lovcrnnp-  or  (•(tlioai.'iios  wlial  \vr 


iiai 


iinl    tlniiK,   am 


')• 


"Wliiitovor  niiiy  liiivo  been  .-aoriliccil,  ihU  i>  a  ;j,riat,  point  uaiiuil,  and  dm 
tlint  seoiu'os,  in  contrast  with  tlu'  uppo-ito  ^iilc  niMcIi  dl'  imlivldMal  liap- 


imu 


■i<.     l'"(ir  tlircr  \oars  anij   .<  hall'  onr  individiialitv  \va-<  lot,  and  wo 


iioinotitncs  donliird  oin 


own   idrntity;   wi'  were   pari  ol'  a   ninr--ii'in'_'i 

1 


in^lrniacMt.  uhicli  sonictnurs  produced  iiariaony  and  -oinciinic*  discord, 
but  in  which  ihcrc  was  mo  dear  riniiinL;  Itnir  mithci-  niodilicd  nor  sub- 
dued. Uul  now,  like'flio  lark,  wo  can  rise  on  our  own  win;:,  and  pour 
forth  our  own  >train~,  rejoicin;:  in  a  >on~e  ol"  tVcedom  that  wi'  have  not 
felt  lor  years.  'I'his,  thank  I'rovidenoe,  is  an  atlvanla;^e  that  the  editorial 
chair  has  over  any  of  those  in  which  we  have  .-at  of  late.     While  one  .-its 


in  it,  however  hard  tho  work,  thev 


u'l'  answer 


abl.«  I 


or  no 


iM.dy' 


-MIS  or 


ibllios,  or  .short-ooniinir-,  but  theii- own  ;  in  diiiinty  it   maybe  somewhat 
less  elevated,  but  it  is  .-eeoud  to  none    in   the   ran'j;e  of  n-e|ulne--   which 


lied  aronnd 


U,  a 


nd  in  real   -ub-tantial  power;   nui    powei'   to  di-]ien-e  or 


m 


hioiice   petty   pati'onau'o,  which   brings   luit  little  gratitm 


ami  nincii 


I 


ros[)onsil)iliiy  ;  not  power  to  strut  almnt  as  one  of  a  do/en,  wlio  an;  estl- 
niali'd  I»y  the  positions  they  ai'e  in  rather  than  for  the  virtues  that  adorn 
them,  but  power  over  inon's  intellect  and  their  all'eciion- ;  jtower  to 
influenoe  the  daily  thought,  to  touch  the  hearl-.  to  enter  the  dwelling-  of 
tens  of  thousands   like   an  old    familiar   iVIeiid,  and    inl'oi'm.  e\ci 

guide   them;    power,    not    withuiu    lis    hgitimate    checks liir. 

abused,  it  ceases  lobe  [)owor.  Hardly  had  we  taken  our  seat  upon  our 
oil!  ac(iuaintanoo,  when  we  lauoied  that  ten  thou.-and  lies  wdiich  forniorly 
linked  onr  name;  anil  daily  labors  with  the  household  tlionghts  and  lirosido 
amusements  of  our  coinUrymen,  a\e,  and  countrywomen,  were  rcNUi'd 
as  if  by  magic.     AVo  stepped  across   ilieir  thresholds,    niiugled  in  their 


',  am 
when 


social  tarcles,  wont  with  them  to  the  woods  lo  onllvon  t 


leu' 


lahors,  or  to 


the  field  to   shed  a  salutary  Inlluence  over 
had  the  vanity   to  Ixdievo  that  wo  won 


their  niiddav  meal.     And  wo 


Id  b 


everyv.here   a   w(dconio 


guest;  that  the  [looplo  woidd  say,  '""Why,   Ikm-o   Is   Howe   amongst  us 
again;  not  IMr.  Speaker  ]b)we,  nor  the  lion.  ^Ir.  Ilowe,  but  .loe  Howe, 


as  1 


10  u>ct 


1  tol 


)e  sitting  in    Ins   ediiona 


I    r\ 


lair,  and    talkiiiLT   to  ii 


dioiit 


jwlities,  and  trade,  and  agriculture;  about  our  own  country  and  other 
countries ;  making  us  laugh  a  good  deal,  but  think  a  good  di-al  more 
even  while  avo  wore  laughing."  Such  is  the  roeeption  W(!  anticipate, 
homely  but  hearty;  and  wo  can  assure  our  countrymen  that  we  iall 
back  among  them,  conseious  that  there   is  no  name  by  which  we  have 


:  i\ 


f\ 


"ii 


M 


418 


THE   EDITORIAL    CHAIR. 


been  known  (if  l;it(,'  yonrs  ;im(tii,<,f  the  dij^nitarics  oi'tlic  laiid  llial  we  prize 
so  Iiiglily  as  lla;  old  i'aniiliar  altrcviatioii  ;  and  no  liidd  of  lalxjr  more 
lionoraljlc  tlian  that  wliicli  we  rornicrly  cultivated  willi  so  lacirc  a  .--liaru 
ol'  aitprolialion,  and  npon  wliicii  we  arc  onteriiiL;-  a.^ain. 

'•  Wclcomr,"  says  Cliarlcs  J^anil)  to  Ins  desk  ;  ••  Wtdcunic  tiion  dead 
^\•ood  l»y  wiiieli  I  live."  And  we  say  "Welcome  tlion  nid  ciiair.  in  wliieli, 
and  liy  wiiicii  we,  lived  in  oonilbrt  and  indeiiendence  loi-  years,  caring 
i()r  no  lordlin^'s  smile  oi*  I'rown.  and  conseiou<  tiiat  oio'  daily  lii'ead  was 
not  eaten  on  the  trail  tenure  of  any  man's  caprice  ;  hut  dependent  n[)on 
our  daily  labor  and  the  bounty  of  that  good  I'rovidence  in  which  we  had 
been  taught  religiously  to  trust.  Welcome  also,  all  those  familiar  ol)jects 
and  sights  and  sounds,  in  tlui  midst  of  which  wo  jiassed  oui-  merry  boy- 
liood  ;  >urrounded  by  which  ou)'  powers  ripened  and  oui'  early  triumphs 
were  enjoyed.  We  fancy  that  the  press  feels  a  thrill  of  aiumation  per- 
vading its  iron  ribs;  that  the  tyi)cs  are  dancing  in  the  easi's,  in  anticipa- 
tit)n  of  the  cheerful  and  i'ree  thoughts,  of  which  they  ai"e  to  have,  as  our 
iViend  Doyle  said  of  the  Cabinet,  '•  the  merits  of  the  midwifery." 

"We  ex])ect  no  speedy  change,  no  sudden  triunnih.  The  present  state 
of  things  will  probably  have  to  get  worse  before  it  is  much  belter.  From 
the  present  House,  or  rather  from  the  small  majority  who  sujiport  the  pres- 
ent government,  v,-e  expect  nothing;  we  fearlessly  rely  upon  the  intelli- 
gence and  iirmness  of  the  peo[)le,  and  we  look  forward  to  the  next  elec- 
tion, when  the  constituency,  iioving  the  two  sets  of  men,  and  their  acts 
and  principles  tiurly  before  tluMU,  will  decid(3  whicli  of  them  is  to  enjoy 
their  confidence,  and  guide  the  administi-alion  of  their  alfairs.  Until 
that  decision  is  fairly  pronounced  it  is  probable  that  we  shall  oceujiy  the 
editorial  chair,  and  give  to  oiu-  friends,  to  whose  generous  and  s[)iritcd 
exertions  we  have  been  a  thousand  times  indebted,  the  benefit  of  our 
labors  in  that  dejKirtment,  where  they  seem  to  think  we  can  bo  of  the 
most  essential  servii  ■■.  To  rouse,  to  inform,  to  organize  the  two  hundred 
thousand  peo[)le  who  compose  the  liberal  party  ;  to  put  them  in  a  posi- 
tion to  rebuke  the  sneers  of  tory  attornies  ;  to  restrain  the  arbitrary 
exercise  of  the  prerogative  ;  to  make  their  voices  heard,  not  only  in  the 
Legislative  halls,  but  also  in  the  Councils  of  their  country,  with  a  weight 
andaulhorlty  that  cannot  be  misunderstood  ;  this  shall  be  our  task  for  a 
time  at  lea.-t ;  and  we  eiuer  upon  it  with  a  cheerfulness  of  spirit,  which 
is  th(,'  best  presage  of  success. 


Those  who  glance  over  the  files  for  1844  and  1845,  will  fnid 
in  them  every  vhere  traces  of  tlio  activity  and  fecundity  of  a 
vigorous  mind,  resolutely  directed  to  one  object.     Mr.  Howe's 


w 

ip 

m 

'U 

f-i[ 

'if 

LORD    FALKLAND  S    POSITION. 


419 


■('  pnzo 
!•  moi'C 
!i  .-liuro 

oil  (lead 
II  wh'u'li) 
-,  curing 
•cud  was 
ciil  upon 
I  wc  had 
ir  objects 
^M-ry  boy- 
Iriuinidis 

itiou  l»i^'> 
unlicipa- 

vc,  as  ouv 

,  >i 
>'• 

.'sent  state 
L'l'.    Froni 
.•t  the  pves- 
hc  inlcUi- 
next  eloc- 
l  tlieii-  acts 
to  enjoy 
;.     Until 

jcciipy  tlio 

L(l  spirited 

Iclit  of  ouv 

be  of  the 

0  hundred 

1  in  a  posi- 
urbilvary 

only  in  the 

h  a  weight 

|r  task  for  a 

)iril,  Avhieh 

will  find 
lidity  of  a 
[r.  Howe's 


pen,  over  playful  and  energetic,  was  wielded  with  great  eflect, 
and  the  organized  l)and  of  scribblers  that  the  (iovernor  had 
gatjiered  round  him,  soon  ])egan  to  discover  that  they  were  to 
have  no  ehihTs  i)lay.  He  ))elted  them  with  jjrose  one  day  and 
with  i)oetry  tiie  next,  so  that  lh(>y  were  ])nzzled  to  tleeide 
whether  he  had  studied  Junius  to  most  advantage  or  Hanbury 
Williams. 

The  government  had  gathered  no  streugih  during  the  session, 
and,  in  humble  imitation  of  Lord  ^Nletealfs  fragmentary  admin- 
Lstration  in  Canada,  the  vacant  seats  in  Council  had  not  been 
filled  up.  A  Civil  List  Bill,  brought  down  by  the  government, 
had  been  mutilated,  and  votes  which  were  tantamount  to  a 
want  of  conlidence,  were  only  staved  oifby  amendmiMits  which 
were  absurd,  or  by  the  admission  of  the  right  to  resign,  by 
formal  resolution. 

We  copy  an  article,  in  which  Lord  Falkland's  position, 
"before  and  after"  his  quarrel  with  the  liberals,  is  con- 
trasted :  — 

It  is  impossible  to  glance,  even  lor  a  moment,  at  oui-  Provincial 
politics,  without  contrasting  the  position  in  which  Lord  Falkland  .-lands 
at  the  present  moment,  with  tlie  high  ground  which  he  occn[)ie<l  from 
1810  down  to  the  close  of  18  i."].  It  is  e<pially  iini)0ssiblc  to  shut  our 
eyes  to  the  fact,  that,  precisely  in  the  degree  in  which  the  true  pniicii)les 
of  responsible  government  have  been  dei)arted  from,  has  the  personal 
comfort  of  His  Excellency  been  jeopardized,  and  his  j)ersonal  influence 
impaired.  We  shall  endeavor  to  make  all  this  ap[)arent,not  because  tin; 
discussion  may  aflbrd  the  opportunity  of  venting  feelings  of  disajipoint- 
ment,  but  because,  if  our  o[)inions  are  well  tbunded,  the  errors  of  the 
past  should  be  clearly  indicated,  that  the  people  may  understand  the 
true  bearings  of  (piestions  u[)on  which  they  will  be  called  hereafler  to 
pass  their  judgment,  and  that  a  lain|»  may  be  held  to  the  feel  of  future 
Governors,  who  may  be  i)laced  in  analogous  circumstances. 

Lord  Falkland  arrived  here  in  the  summer  of  1810,  comparatively 
ignorant,  it  may  be  iissumed  (as  all  persons  trained  and  educated  a>  he 
was,  must  be  suppo.-ed  to  be),  of  the  administration  ot'  Colonial  alliiirs. 
The  liberals  had  at  that  time  a  decided  majority  in  I'arliament  ;  their 
leaders  are  said,  by  their  opponents,  to  have  had  the  chief  influence  in 
his  Council  for  the  first  three  years  of  his  admuiistration.     Assuming 


iSi 


n 


« .1        il 


i      I     " 


t 


^ll '  il 


m 


!t   I       't 


■f> 


h  ; 


«.'  ,      tM         I 


f  I  ^'5 


\  I 


h'! 


420 


LOIil)    FALKLAND  S   rOSlTIOW 


tliiit  this  is  true,  uillioiit  !i-.-frtiiii:'  il  as  a  tact,  Id  lis  imiiiirc  liow  this 
ixjwcr  was  asfd,  how  thai  iulhiciicc  iircscrvcd  and  >tr(ii;;llii'ii('d  tho 
lircro^alivf,  and  liow  lar  His  KxctdlL'iii'y's  |i('i'S(;aal  diLniiiy  and  inde- 
pendence were  maintaineih  His  Lord-hip  ])rol'essed  to  l)e  a  liberal  in 
])olities,  as  they  \wi\'  praetically  devtdoped  lieiiealh  his  eve;  \n;  also 
l)rotessed  to  he  a  Irne  believer  in  tiie  appliealiility  of  the  principles  of 
Kxecnli\e  rc>i)onsiIiility  to  Colonial  gov«.'nuiient.  AVhatever  may  since 
liuve  occiiri'cd  to  liias  his  mind,  or  to  (dian^e  his  views,  we  hcdieve  that 
Ills  reliance  nnon  the  inliniie  superiority  oi"  the  new  system  over  the  old, 
■was  almost  as  ^reat  and  enllni>iasti(;  as  our  own.  His  government, 
though  nominally  a  coalition,  was  a  liberal  one  ;  the  general  principles 
being  those  of  resp(iu>ible  government,  as  recognized  in  the  North 
American  Colonies;  and  the  ride  of  patronage  being,  to  bestow  all 
oHict.'s  tailing  vacant  (former  ocmipants  ikjI  being  disturbed)  upon  those 
Avho  either  did.  or  apjii'ared  to,  cordially  support  the  government; 
nearly  all  being  given  upon  the  a<lvice  of,  or  in  such  a  way  :is  was 
supposed  would  be  satisfa<"tory  to,  his  Council. 

During  all  this  time,  how  fared  it  with  the  prerogative?  It  was 
exercised  in  harmony  wilh  the  wishes  of  the  great  majority  of  the 
people,  but  yet  was  ever  vigorous  and  respected.  Every  govermnent 
measure  submitted,  but  one  (and  that  not  touching  the  dignity  of  the 
crown,  or  the  policy  of  the  admini.-lralion),  was  carried;  every  grant  of 
money  asked  for  was  obtained,  if  not  upon  the  instant,  before  the  close 
of  tile  ses.-ion  in  which  il  was  demanded.  A  vote  of  censure  was 
negatived,  and  a  \()te  ol'  conlideiice  carried,  by  overwdiclming  majorities. 
The  (Queen's  name  was  a  tower  of  sti'cngth;  the  Colonial  ollice  was  not 
besieged  by  hostile  delegalions,  but  was  fast  ac(|niring  a  new  character 
in  the  {'\<'<  of  the  Colonists:  and  thus  did  the  liberals  of  Nova  Scotia 
work  oul  their  own  pilnciples,  in  har:'"nious  subordination  to  the  Im- 
perial aulhorilies;  ihiis  did  ilie\'  uphold  and  carry  Lor<l  Falkland 
through,  while  his  government  iiijoyed  the  confidence  of  their  leaders, 
anil  maintained  a  liberal   characler. 

How  fared  it  with  His  Lordshijj's  [X'rsonal  comfort,  dignity,  and  in- 
depcndenc(!':'  His  lirst  act  drew  U))on  him  the  hostility  of  sonn;  of  the 
•wealthiest  men  in  the  commnnily  ;  and  they,  their  families,  connections, 
and  (h'pendenis,  conunenced  a  course  of  open  opposition,  and  petty  an- 
noyance and  intrigue.  Did  the  liberals  cpiail  bet()re  this  ?  Did  they 
advise  Lortl  Falkland  to  rush  into  a  jjcrsonal  s(|nabble?  to  write  letters 
to  the  old  Councillors,  accusing  them  of  wanting  to  wi'cst  the  prerogative 
from  him?  No;  and  yet  they  might  safely  have  preferred  such  an  ac- 
cusation against  gentlemen  who  refused  to  withdraw  from  Ilcr  Majesty's 


'ts 


LORD   FALKLAND'S  POSITION. 


421 


liow  this 
■nrd  the 
11(1  iiult!- 
ihcnil  in 

ic'\y\v<  of 
nay  sim'c 
licvr  tliat 
r  tlic  oltU 
.(■nuiit'iit, 
principles 
he    North 

)CStO\V    nil 

ipon  those 
vcrnmont; 
\y  as  wiis 

?      It  was 
rity  of  the 
rovernraent 
lity  of  the 
•y  <rraut  of 
e  the  olose 
nsure  was 
majontics. 
ice  was  not 
,v  cliaracter 
sova  Scotia 
to  the  Ini- 
1    Falldaml 
ii-  leaders, 


Un- 


luty,  am 
loine  of  the 
/onacctions, 
[a  petty  an- 
Did  they 
Kvrite  letters 
prero;j;ative 
sucli  an  ac- 
n-  Majesty's 


cabinet,  Avhen  Ilcr  INIajcsty  herself  requested  Ihcra  to  retire ;  who  \v(^re, 
for  the  time,  as  much  intruders  as  the  boy  wlio  dimljs  into  the  palace. 
No  such  tiling  was  done.  AVliat  passed  in  His  Kxcellcncy's  closet  no 
one  knew  ;  but  his  advisers  na't  tlie  friends  of  the  "  gi-eat  dismissed  "  in 
society,  in  the  Legislature,  and  in  the  press,  defended  Ids  act,  and  left 
him  in  a  jiosition  of  dignified  independence. 

How  fiired  it  with  him,  again,  when  he  had  involved  himself  in  a 
mere  household  scjuabble,  with  which  his  advisers,  al  the  outset,  had 
little  or  nothing  to  do?  Did  they  shelter  themselves  behind  him,  thrust 
liim  into  the  front  of  the  battle,  and  prompt  hiin  to  '.vrile  letters  in  the 
newspapers?  No;  they  made  the  quarrel  their  own,  I'oiight  it  out  gal- 
lantly, and  crushed  the  intrigues  to  which  it  gave  nse,  witli  the  weight 
of  their  personal  influence.  Thus  it  was,  that  His  Lordshi[)  was  sus- 
tained by  the  liberals,  while  they  had,  or  were  sup[)()sed  to  have, 
influence  in  his  Council. 

How  fared  it  with  him  in  the  interior?  In  every  little  A'illag(>  there 
is  a  nest  of  Tories,  most  of  them  holding  office  obluineil  under  the  old 
regime.  These  jieople,  taking  their  key  note  from  their  padxtns  in  the 
capital,  often  presented  a  front  of  indifU'renc<'  and  contiinpf,  when  His 
Excellency  [)as,scd  through  tlieir  counties.  How  did  the  libei-als  meet 
these  petty  machinations?  I>y  enthusiastic  and  simullaneous  gatherings 
of  the  independent  yeomanry,  whom  these  elicpu's  could  not  inlhiencc, 
and  by  demonstrations,  hearty,  decisive,  and  gratifying.  Lord  Falkland 
pas-ed,  in  18-12  and  181.3,  like  a  con([ueror  over  tli(.' country ;  not  be- 
cause he  was  a  Lord,  or  a  Governor,  but  because  the  people  of  Nova 
Scotia  are  attached  to  liberal  principles,  and  enamoured  of  fair  jday, 
and  because  they  fanci(Ml  they  saw  in  their  sovereign's  representative, 
the  embodied  spirit  of  that  Constitution  for  wdiich  they  had  contended, 
and  w'ill  ev(}r  highly  i)rize. 

Thus,  for  lliree  years,  was  the  prei'ogativc  guarded,  and  th(.'  Gover- 
nor's personal  comfort  and  dignity  maintained  by  the  liberals;  the  oc- 
casional divisions  in  their  own  ranks,  and  the  miserable  blunders  of 
some  with  whom  lluy  were  associated,  to  the  contrary  notwithslamling. 
lie  did  no  wrong  in  the  eyes  of  his  sovereign,  for  his  -overeign  approved 
of  all  he  did  ;  and,  conscious  that,  as  far  as  possible,  the  British  principle 
should  be  maintained,  and  that,  if  not  incapable  of  wrong-doing  towards 
the  people  under  his  government,  no  wrong  should  be  charged  upon  him 
here.  All  good  and  gracious  acts  were  attributed  to  His  Lordshij),  and 
the  responsibility  of  all  doubtful  ones  was  iissmned  by  somebody  else. 

Thus  stood  Lord   Falkland,  from    1810  down  to    181o,  intrenched 
■witlnn  the  natural  defences  of  the  Constitution ;   the  prerogative,  not 
36 


1,1 1 


I         1.1 


'  i, 


I 


t 

i 

; 

■:t 

■ 

1 

1, 

'  'l: 


10 


loo 

1  w  w 


LOUD    TALKLAND  ri   POSITION. 


Uv\i>   ; 


'iiij 


like  an  Irisliiiiaii's  sliilli'Iali  al  a  ('air,  sliakiiii^  (.'very  live  miiuiti's  in  fvcry- 
l)0(lyV  llu'c,  Inil  like  llic  cli'cliic  fluid  in  iIk^  cIdihI,  reserved  lin"  fzrcat 
occusIkiis,  and  likisting  wlicrc  it  iMk  Wiio,  dnrinL;;  liiis  period,  vwv 
heard  ol'  Ilis  Lord.^liip  lieint;-  ennatred  in  a  ne\vs|>a]ier  eonlrdversy ? 
AVlien  was  he  reihieed  to  th.e  neeessily  ol'  eourlin^^-  tho.-e  uho  had  in- 
snhed  him?  ol'  soheilinjj;  SMpport  to  his  ,i:;overnnienl  as  a  personal  favor? 
of  tlireatenini:;  dissolmions  heneath  his  own  root'?  ol'  keeping  ini[)or(ant 
olUcfs  vaeant  Tor  nionliis,  not  daring  to  1111  tiieni  n[)?  "Who  ever  lieaid 
of  his  wailing  a  fortnight  for  an  answer  lo  his  speech?  of  his  having  iiis 
salary  redueeil,  and  tlu'  iiaynient  of  his  arri'ars  postponed?  Who  then 
saw  voles  of  want  of  eonlldenee  in  the  yoveriunent  slaved  till"  hy  a  voU; 
of  eonfulenee  in  the  (lovernor?  ]Iad  there  been,  during  any  portion  of 
(his  period,  any  power  in  iIk;  Colony  —  any  eomhhialion  of  able  men  — 
to  reduce  Her  ^Majesty's  ir[»resenla(ive  lo  liiis  exireniily,  ihe.  liberals 
would  not  have  remained  at  Lord  Falkland's  conneil  board  one  hour. 
They  woidd  have  risen,  and  said:  '•  IMay  it  please  Your  Mxei'Ih'uey, — 
IL  is  evident  that  our  j)i'esenee  here  is  dislasleful  lo  a  majority  of  the 
people  ;  and  ihough  we  may,  by  indecent  threats  ami  a  degrading  use 
of  Your  Kxcellency'rf  pei'sonal  inliiience,  drag  you  ihrougli  a  session, 
putting  asidu  a  formal  vole  by  a  majority  of  one  or  two,  it  is  ({uile  evi- 
dent (Iiat  we  have  not  the  jiower  to  carry  out  ihe  policy  o[)eidy  avowed 
by  Y'onr  Excellency  ;  lo  fill  ni»  vacancies  in  such  a  way  as  lo  slrengthoi 
your  governnienl  ;  to  carry  a  single  unuuililaled  measure;  or  even  lo 
seeure  lo  you  the  salary  solemnly  pledged  to  you  by  the  (Jueen.  TJjider 
these  circumstances,  lo  remain  beside  you,  would  be  to  weaken  the  i)re- 
rogalive;  lo  allracl,by  our  nnpop\darily, ojiposition  lo  your  government; 
to  lessen  the  undivided  res[)ect  which  Ihe  peojde  should  I'cel  I'or  iheir 
sovereign's  represeulative  ;  and  therefore  it  is  our  duty  to  retire,  that 
Y'our  Lordship  may  construct  a  more  ellicieut  and  popular  administra- 
tion." This  would  have  been  the  language  of  the  liberals,  under  such 
circumstances ;  and  no  pressure  oi'  religious  or  political  adherents  with- 
out ;  no  motives  of  personal  ambition  ;  no  threats  or  solicitations  i'rom 
llis  Kxcelleiicy  himself,  would  have  induced  them  to  retain  seats  in 
the  Council,  when  they  no  longer  i)0sscssed  ihc  power  lo  u[)hold  the 
dignity  of  the  crown,  and  carry  on  efReienlly  the  business  of  the  country. 
When  the  glory  of  lohabod's  house  had  departed,  he  would  have  de- 
parted with  it. 


IMI 


In  May,  "  The  Lord  of  the  Bedchamber,"  destined  to  become 
a  classic  portion  of  political  literature,  appeared.  Tn  July,  a 
new  negotiation  was  opened,  and  letters  were  written  to  five  or 


1 

m 

1 

KXTHA   RKSSIOX. 


423 


ill  fvcry- 

loi-  >:rcat 
riod,  t-vcr 
itnivtTsy? 
10  li:ul  iii- 
iiiil  liivor? 
important 
■  vri-  lioartl 
liaviiig  lii.s 
^Vho  Ihou 
'  by  ti  vote 

[lovlion  ot* 
lili;  uu'ii  — 
[li(>.  lihcruls 
I  ()!U'  lioiir. 
L-rllc'iicy, — 
arity  of  tlio 
j;r:i(liiig  use 
1  :i   session, 
is  (^nilc  cvi- 
nly  avowed 
)  slreiigtlieu 

ur  even  to 
en.  ITiulcr 
;en  llie  pie- 
rovernnient ; 

■I  lor  their 

retire,  that 

administra- 
,  miller  sueli 
lerents  witli- 
tatioiis  I'ruui 

aiu  seats  in 
I  ni)liolil  llie 

the  eountry. 

Id  liave  de- 


to  become 

Til  July,  a 

n  to  five  or 


\ 


six  of  ^Tr.  ITowc's  (Viciids,  olleriiii,^  lliciii  seals  in  Council  upon 
no  other  condition  tliiin  thai,  Ihcy  shouM  consent  U)  coiikmii 
and  h'avc  him  oul.  Had  this  absurd  allrmpi,  succeeded,  Jh(! 
nniiil)rr  i>\'  the  J'iXcculiv;'  ('(Muicil  woidd  havi^  been  intrrased 
h)  twelve.  At,  a  niet'tini;  of  tlic  opposition,  *•  .Mr.  lJnia<l\('  was 
empowered  lo  express  their  di'cided  dclerminalion  lo  have 
iiolliini;;  l(»  do  wilii  any  arranircmcnl  w  hich  contcmplalrd  an  in- 
crease in  I  lie  number  of  tiic  ( 'ouiicil ;  to  acccpl  any  |)roposition 
whicli  i^ave  I  lie  liberals  I  heir  due  inline  nee  in  a  fair  eoalilion,  willi 
1he  n>sl()ralion  of  the  three  oHiees  which  iIk'V  Ik'M  in  December. 
\f  Inose  terms  w<M"e  refused,  the  l)arty  determined  lo  hold 
their  present  posit  ion,  and  take,  their  chance  at  the  ensuing  ejec- 
tions." 

An  extra,  session  having  been  called  to  consider  a  proposition 
growing  out  of  an  attempt  at  that  time  being  made  to  scjia- 
rate  the  island  t)f  Ca[)e  Hreton  from  Nova  Scotia,  when  that 
business  liad  been  dispatched,  Mr.  IJowe  moved  this  resolu- 
liou :  — 

]i7irn<(.<,  the  ICxeenllve  Council  lias  been,  diirlni^  two  cnlli-i'  legisla- 
tive sessi(»ii>,  imperl'cci  and  ineoiii[)lele  ;  aiul,  ulicreas.  an  iin[)oilaiit  legal 
ofilce  lias  been  vacant  for  six  moiitlis,  to  the  great  detrimcni  of  the  pub- 
lic service;  therefore, 

Jiraolrcd,  Tiiat  the  peoi)le  of  Nova  Seolia  arc  entitled  to  have  a  full 
Council,  res[)onsible  to  this  Asseinbly,siirroinidiiig  the  (^iieeifs  repi'es<'n- 
tative,  that  he  may  have  the  beiielit  of  their  advice  in  the  exercise  of  the 
Ivoyal  I'rerogalive  ;  and,  this  House  deem  it  their  fluty  to  declare,  that 
tlic  Council,  as  at  [)resent  constituted,  does  not  enjoy  the  eonlldeiiee  of 
this  Assembly. 

The  govermnent  met  tli(^  motion  by  a  prorogation. 

Immediately  after,  Jjord  I'alkland  went  into  the  interior, 
thinking,  Ijy  his  [ji'rsoiial  prcsonc(3  in  the;  riu'al  district.-.,  to 
strcnglheu  ^.he  hands  of  his  advisers.  lie  was  mistaken  every- 
where; in  some  of  tli(>  counties  deeply  mortilied.  At  Pictou  he 
was  received  with  cold  courtesy.  There  were  "  no  Hags  Hying, 
no  cannon  roaring,  no  clieerii;g,  no  ciirriages  accompanying 
him,  no  lin(>  from  the  wharf."  In  the  West,  things  looked  (!vcn 
worse.     Oil  his  visiting  King's  county  eight  hundred  I'rtM'hold- 


■1'         ' ;''.' 

' ! 

1;, 

i  ■ 

il 

I    il 


l;:tl 


'ii.-. 


i  'I. 


m  m 


uim 


m 


•V.\li 


,i;v'i' 


424 


KINGS   COUNTY. 


crt),  with  the  High  Slienirat  their  head,  presented  the  following 
address :  — 

TO    HIS    KXCKLLEXCY    THE    UIGIIT    IIOXOIJABLE 
LUCIUS    IJKNTICK,  VISCOUNT    FALKLAND. 

Knhjld  Gnijid  Cross  of  f/if  Gifclphic  On/o;  niid  Mcniher  of  ILr  Majcs- 
iijs  ynnst  lloiwrnhh'  Pru'H  Council^  LicKtciinnt  Guvcrnnr  and  Com- 
i)i(niilcr-ln-(  'liirf  in  (ind  orcr  Ihr  Jfcjcsfi/'s  Province  of  JS'ord  Scotia, 
and  its  Dependencies,  SfC.  S)-c.  S)-c. 

"We,  ILt  JNIajosty's  dutiful  and  loyal  subjects,  the  undersigned  magis- 
trates and  yeomanry  of  the  county  of  Kings,  beg  to  welcome  Your  Ex- 
cellency once  moi'e  to  the  ''  Garden  of  Nova  Scotia,"  and  to  express  our 
unfeigned  pleasure  at  beholding  among  us  your  amiable  and  accomplished 
lady. 

We  have,  on  I'urnier  occasions,  while  expressing  respect  lor  the 
Queen's  rc[)resentalive,  been  hap[)y  that  we  could  also  ajiprovc  of  the 
policy  of  his  administration;  but  now  we  feel  it  to  be  a  duty,  i)aramount 
to  all  others,  to  assure  Your  Excellency  that  we  have  viewed  with  sor- 
row and  deep  regret  the  course  pursued  during  the  past  eight  months,  by 
which  Your  Excellency's  administration  has  been  weakened,  party  spirit 
promoted,  and  the  real  friends  of  British  institutions,  and  of  a  liberal  and 
enlightened  policy,  thrown  into  opposition. 

While  we  deplore  tliese  events,  we  would  respectfully  and  earnestly 
pray  x'our  Excellency  to  listen  to  the  counsels  of  those  who  are  truly 
and  sincerely  interested  in  the  peace  and  prosperity  of  the  country,  and 
who  have  earned  our  conlidence  and  gratitude  by  an  arduous  and  elfect- 
ual  struggle  in  defence  of  our  dearest  rights,  and  especially  for  being 
instrumental  in  introducing  and  securing  to  us  those  Constitutional  [irivi- 
leges  recently  conceded  to  us  by  the  parent  state,  and  now  universally 
I'ecognized  as  the  only  true  basis  of  Colonial  government. 

Should  this  independent  expression  of  our  opinion  tend  to  convince 
ITour  Excellency  of  ihe  real  state  of  feeling  in  the  rural  districts,  we 
shall  rejoice  to  see  Y'our  Excellency,  ere  long,  again  surrounded  by 
those  who  i-eally  possess  the  confidence  of  the  great  mass  of  the  people. 

Kings'  County,  August  10,  ISil. 

In  tlie  county  of  Hants  tlio  people  spoke  out  with  equal 
plainness.  The  following  address,  signed  with  one  thousand 
and  sixty  names,  was  presented  at  Windsor :  — 


COUNTY   or  HANTS. 


425 


:ll 


lowiui^ 


.BLE 


r  Mnjes- 
nd  C")n- 
a  Scotiit, 


i'our  Ex- 
press our 
juiplislicd 

t  for  the 
)vc  of  the 
)tiriimount 
with  sor- 
nonths,  by 
larly  si)U'it 
ibcriil  and 

earnestly 
are  truly 
imtry,  and 
lud  ell'ect- 
br  behig 
onal  privi- 
miversally 

o  convince 
;ti-icts,  we 
landed  by 
.he  people. 

iih  equal 
Ihousaud 


TO    HIS    EXCELLENCY    THE    RIGHT    ITONOPvABLE 
LUCIUS    BENTICK,    VISCOUNT    FALKLAND, 

Kiufjld  Grand  Cross  of  the  Guclplilv  Order,  and  Jllcmhcr  of  IRr  Mojrs- 
fi/s  Most  Ifonorahle  Prirtj  Comiril,  Lleiitj ikihI  Gorcnior  oii/f  ('mn- 
7)iaiidcr-in-C/ii('f  in  and  over  Ihr  Mnjcstifs  Province  of  Aova  iScotia 
and  its  Dependencies,  S)-c.  Sfc,  S)-c. 

IMay  it  Plkasi-,  Youh  Exckllkxcy,  —  ^Vc,  Her  Majesty's  dutiful 
and  loyal  subjects,  the  freelioUlers  and  inhabitants  of  Hants  county,  who 
have,  for  m:niy  years,  deemed  the  most  enthusiastic  loyalty  to  comport 
with  steady  adliercnce  to  British  Constitutional  princii)les,  beg  leave  to 
approach  Your  Excellency,  and  welcome  you  to  "Windsor. 

We  have  viewed  with  de(>p  interest  the  events  of  tlic  last  four  years ; 
we  have  coiiperated  Avith  Your  ICxcellency  in  working  out  a  system 
which  is  calculated  to  bind  this  Colony  to  the  parent  Stat  :  for  an  indefi- 
nite period  of  time.  "Wo  have  hailed  with  delight  and  confidence  the 
sentiments  expressed  by  Sir  Ivobert  Peel,  and  Lord  Stanley,  in  the  re- 
cent debate  in  Parliament  —  sentiments  which,  if  acted  upon  in  good 
faith,  are  calculated  to  foster,  on  this  side  of  the  Atlantic,  feelings  which 
shall  rear  "  a  wall  of  fire"  around  the  prei-ogatives  of  the  crown,  and  se- 
cure for  ages  the  unity  of  the  British  em[)ire. 

But  we  feel  it  our  duty,  at  the  present  time,  to  state,  in  all  sincerity, 
to  Your  Lordship,  that  this  country  can  never  be  peaceful,  contented,  or 
happy,  while  those  who  have  been  the  subtle  and  intriguing  enemies  of 
responsible  government,  and  popular  rights,  exclusively  surround  Your 
Excellency;  and  those  who  liave  been,  for  years,  recognized  as  the 
leaders  and  guides  of  this  peojde,  are  opposed  to  your  administration. 

We  pray  Your  Excellency  to  pause,  —  to  remember  that  we  would 
gladly  see  you  return  to  meet  your  sovereign  triumphant  and  successful, 
while  many  who  surround  you  are  inveterate  enemies  of  the  system 
which  we  will  maintain  to  our  latest  hour,  and  which  you  can  onlv  gather 
laurels  by  administering  in  all  its  integrity.  We  respectfully  intbrm 
Your  Excellency  that  our  representatives  have  deceived  both  you  and 
us,  and  we  pray  that  Your  Excellency  will,  by  an  early  dissolution,  give 
us  an  opportunity  of  showing  our  attachment  to  those,  wdio,  though  ex- 
cluded from  your  Councils,  and  apparently  from  your  confidence,  possess 
our  unbounded  attachment  and  esteem. 

A  pmall  party  in  Truro  having  made  an  attempt  to  misrep- 
resent the  opinions  of  the  people  of  Colchester,  a  deputation 

3G* 


.  ■  Jl 


;    I 

i: , ; 


:,«  : 


I 


'i  '■' 


'fi»' 


'i  ^  ■' 


w 


"H 


•'if    ' 


wm 


ff  ('-.'i.,;; 


•ilJi' 


ill  ::  r 


42G 


COUNTY  or  COLCHESTER. 


was  snit  forward  who  presented  this  address  to  Lord  Falkland 
in  the  capital,  signed  by  on6  thousand  five  hundred  jjcople  :  — 

TO    IITS    EXCELLENCY    THE    RIGHT    IIONOKALLE 
LUCIUS    15ENTICK,    VISCOUNT    FALKLAND, 

Kniyht  Grand  Cross  of  the  Gaclphlc  Order,  and  Member  of  Her  Majes- 
ty's most  Ilonorahle  Prlry  Cunncil,  Lieutenant  Governor  and  Com- 
mander-in-Chuf  hi  and  orer  Her  Miijesti/s  Province  of  Kvva  Scotia 
and  its  Dependencies,  S)-c.  ^-c.  ^-c. 

IMay  it  Please  Youn  Excellency,  —  TVc,  Her  IMajosiy's  diitlfiil 
and  loyal  siiltjccts,  mngistnUcs  iuul  ycoiniinry  of  the  county  of  Cololiestor, 
deem  it  of  the  utmost  iraj)ortance  that,  in  the  present  position  of  aHaii'.'s, 
Your  ICxcellciicy  should  be  accurately  informed  of  the  state  of  public 
oiiinion  in  the  rural  districts. 

We  have  viewed  with  much  concern  the  attempt  made  to  construe  the 
congratulatory  address,  presented  to  Your  Excellency  during  your  I'ccent 
visit  to  Colchester,  into  an  approval  of  the  policy  of  your  government, 
and  we  are  apprehensive  that  should  Your  Lordship  take  that  view  of 
it,  you  may  be  led  into  error. 

While  wo  owe  to  Your  Excellency  the  respect  duo  to  Ilcr  Majesty's 
representative,  and  would  gladly  bear  testimony  to  your  high  personal 
character,  we  regard  it  as  a  duty  which  Ave  owe  to  our  sovereign,  to  Your 
Excellency,  and  to  the  Province,  to  state  firmly  but  respectfully,  that  the 
policy  of  the  administration  for  many  months  has  been,  in  the  deliberate 
judgment  of  a  large  majority  of  the  constituency  of  this  county,  injuri- 
ous to  the  best  intex'csts  of  Nova  Scotia. 

"We  therefore  pray  Your  Excellency  either  to  surround  yourself  with 
those  who  enjoy  the  eonlidence  of  the  country,  or,  if  any  doubt  exists, 
to  give  the  people,  by  an  early  dissolution,  the  opportunity  of  expressing 
in  the  usual  constitutional  manner,  the  sentiments  which  we  believe  are 
almost  universally  entertained. 

This  deputation  was  entertained  by  the  Halifax  liberals  at 
Masons'  Hall,  and  new  spirit  w*as  infused  into  the  friends  of 
responsible  government  in  the  capital,  by  finding  how  well  the 
questions  at  issue  were  understood  in  the  interior. 

Lord  Falkland's  answers  to  these  addresses  were  poor  aflairs. 
In  phraseology  involved,  pompous,  and  inelegant ;  grossly  inac- 
curate in  statement,  and  displaying  no  conmiand  of  temper. 


LORD  Stanley's  speech. 


427 


kkuul 
Ic :  — 

iLE 


Majes- 
d  Com- 
I  Scodu 


\  ilutiful 
Icluvtor, 
f  ulVuirs, 
)t'  public 

struc  the 
ur  recfiit 
eminent, 
t  view  of 

Majesty's 
personal 
,  to  Your 
,  that  the 
Icliberatc 
ty,  injuri- 

irsclf  with 

.ibt  exists, 

xprossing 

)clieve  are 


bcrak  at 
donds  of 
r  well  the 

or  aflaivs. 
s<ly  iiiac- 
)f  temper. 


They  cannot  be  read  now,  by  anybody  in  North  AmiTiea,  with- 
out roars  of  laughter.  Soinc;  of  llie  more  salient  points  of 
them  were  admirably  hit  oil'  l)y  Mr.  llowe  in  a  speech  made 
at  a  public  diimer  given  to  him  at  Amherst. 

JNIr.  Howe's  opinions  upon  Canadian  allairsj  and  also  the  real 
state  of  matters  in  this  Province,  having  been  misrepresented  in 
Canada,  in  tlu;  spring  of  this  year,  he  addressed  a  letter  to  the 
late  Inspector  (leneral.  It  is  imi)ossil)le  to  read  this  letter  now 
without  perceiving  how  ch-arly  he  discriminated  the  i)oiiits  of 
controversy  in  both  Provinces,  and  with  Avhut  frankness,  mas- 
tery of  the  subject,  and  thorough  iiide[)endeiice,  he  gavi;  to  the 
Canadians  the  benelit  of  his  experience  and  knowledge  of 
general  principles. 

In  June,  an  interesting  debate  on  Colonial  alfairs  occurred 
in  the  House  of  Commons,  in  the  course  of  which  Lord  Stan- 
ley knocked  the  ground  from  under  Lonl  Falkland's  feet  by  a 
sentence.  "He,"  Lortl  Stanley,  "  would  Jiot  enter  into  tlic 
question  as  to  whether  ti  responsible  government,  ])y  which 
must  be  meant  a  party  goveriunent,  was  not.  the  most  likely  to 
be  conducive  to  the  happiness  of  the  people  of  Cuiiada.  He 
would  not  ask  which  was  most  likely  to  enlist  in  the  pul)lic 
service,  men  of  talent,  honor,  int(\grity  and  station  ;  that  princi- 
ple had  been  fully  and  frankly  conceded  oa  the  part  of  the  Gov- 
ernment here  and  in  Canada." 

Yet  in  Nova  Scotia  Lord  Falklaul  was  contendimir  that 
party  government  was  tyranny,  and  that  we  must  be  content 
with  administrations  made  up  of  all  parties,  of  men  who 
neither  liked  each  other,  lived  together,  or  agreed  about 
public  measures. 

In  the  autumn  of  this  year,  Mr.  Howe  attended  public  meet- 
ings at  Wilmot,  Windsor,  Newport,  Maitland,  and  at  the  Nine 
Mile  River;  at  Parrsborough,  Macan,  Amherst,  Wallace,  Mus- 
quodoboit,  and  other  places,  everywhere  explaining  and  enforc- 
ing the  principles  of  responsil)le  government,  laughing  at  the 
supporters  of  the  administration  v.'herever  he  met  them,  and 
carrying  conviction  of  the  value,  and  perfect  applicability  to 
Colonial  life  and  business,  of  the  new  system,  into  the  hi'arts  of 
his  countrymen  in  all  directions.     To  ride  forty  or  fifty  miles 


M 


1 

:  ■<■ 

j 

(> 

ii 

M|=-^^''1 

•     . 

i     u  ,1 


!;  ;i 


"i 

1.;.; 

,1 

i 

ill 

li 


III 


m^m 


If 


t'^t 


1 1 


f'!;^' 


428 


DINNEH   TN   rrMDERLANO. 


on  hor?f(>l)a(k,  nddrcss  ihrro  mrctinj^s  in  a  day,  and  allciid  a  pub- 
lic dinner,  or  a  (•(•inilry  ball  or  i)arty  in  ilic  cvrnini?,  were  iliPii 
fi'ats  of  such  couiMiou  occurrence,  that  his  friends  thoui^dit  little 
of  them.  JJeforc  the  year  ended,  it  was  apparent  to  every  keen 
observer  that  the  f^'overiinieiit  had  lost  all  hold  on  the  conlidenc(! 
and  allections  of  the  j)(>ople.  That  Lord  Falkl-and  mii^dit  still 
flounder  on  with  his  majority  of  one  or  two,  was  possible,  l)ut 
that  he  uuist  either  cpiit  the  country,  or  take  the  liberals  back 
into  the  Council  with  their  ''  pretensions"  considerably  enlarged, 
he  could  scarcely  disguise  from  himself. 

Jjiit  few  of  the  spei'ches  delivered  by  I\Ir.  Ilowe  in  those 
rural  excursions  were  ever  reported  or  written  out.  lie  always 
spoke  extemi)oraneously,  and  what  he  said  was  rarely  preserved 
in  any  connected  form  ;  but  his  biu'iiing  words  stirred  the  hearts 
and  sunk  into  the  memories  of  thousands,  and  were  repeated 
by  the  yc^omanry  at  their  iiresides,  iu  their  iields,  and  in  their 
workshops.  We  give  a  few  specimens  of  tliese  oil-hand  ad- 
dresses. 

His  health  having  been  drank  at  a  ])ublic  dinner,  given  to 
him  ])y  the  peo[)le  of  Cumberland,  he  thus  expressed  him- 
self :  — 

]Mr.  Cliairman,  —  I  shoulil  iiidei'd  bo  ovcrpowcrcil  with  the  Avclcnme 
I  liavc  r(>cciv('(l  in  this  noljlc  county,  uml  by  tlio  spontaneous  expressions 
of  I'ecling  ealletl  forlli  by  tlic  (oast  mid  sculiments  jnsl  iriven  from  tlie 
Chair,  if  I  was  cpiitc  certain  tliat  the  majorities  wlio  have  sustained  me, 
and  the  i^cntleinen  wlio  jri'ace  this  festive  seene,  really  knew  what  tliey 
were  about  ;  if  I  wa>  entirely  satisliiMJ  tliat  tlien^  was  not  some  strange 
delusion  —  some  grave  mistake.  There  was  a  time  wIk.mi  the  yeomanry 
of  Nova  Sculia  li;id  some  credit  lor  .-hrewd  eonunon  sense  :  for  consistent 
adherenci.'  to  political  iirineiples  ;  for  sagacious  reliective  familiarity  with 
their  own  allali's.  But  all  liiis  it  ap[)ears  ha-^  passed  away.  A  few 
Aveeks  ago  eiglit  liimdred  of  the  gentry  and  fai'uu'rs  of  King's  county, 
roused  by  a  lbt)lisli  attempt  to  misrejjresent  their  opinions,  rose  in  their 
majesty  and  respecti'idly  intbrmed  the  Lieutenant  (lovernor  that  he  was 
misled  by  evil  advisers,  and  that  they  disai)proved  of  the  policy  of  his 
government.  His  Kxeelleney  regretted  that  they  were  so  ignorant  of 
his  benevolent  intentions;  that  they  did  not  nnderstand  his  policy;  that 
they  had  been  misguided  and  deceived.  A  week  after  lii>  own  ex[)lana- 
tion  of  his  views  and  feelings  had  been   laid  belbre  the  country,  one 


PINNER   IN  ClJMnEnLAND. 


420 


I  a  pnb- 

rht  littlo 

•ry  keen 
ii1i(Umu'(' 
\<j}\t  still 
^ihlc,  l)nt 
■Ills  back 
DuUirgcd, 

ill  Ihoso 
[(;  always 
preserved 
ihe  hearts 

repeated 
d  ill  tlu'ir 
f-haud  ad- 

;,  iriven  to 
rised  him- 


wclcome 
■xprcs.-ions 
iVoiu  the 
;laiiu'(l  mc, 
what  they 
Muc  strange 
yeomanry 
ir  cdnsisti'nt 
iliarity  with 


0'' 


A  few 


>'s  comity, 

ro-t.'  in  their 

that  he  \v;w 

)oliey  of  his 

ignorant  of 
polioy;  that 
wn  cxithma- 
•uuntry,  one 


tliou^antl  nml  sovonty  of  thr  yi.^onianry  of  Ilant-  connty  ranic  fiiruanl 
to  tell  him  ihat  il  \va>  not  satisfactoi'y  ;  thai  the  o[iiMions  of  the  rnral 
districts  hail  rca«'hetl  him  througli  pcrvcrled  mnlia,  and  that  they  could 
have  no  conlidciUM;  in  his  admini.-tralion  wliii-t  it  wa-;  comiio-cd  of  the 
intriguing  enemies  of  r<'s|ionsiIdc  government.  Insteail  of  receiving  this 
rcspectfnl  aihnonition  with  tiie  courtesy  wliich  llie  wi'ighl.  munlx'i's, 
and  g(»od  inleutionsof  the  parlies  cliallenged,  His  Kxcelleucy  was  ailvi.-ed 
to  say  that  thi^  signature- iiad  heen -inTeplitiou-ly  ohtaiued  ;  that  llie  peo- 
jde  did  not  know  whal  tliey  were  .-igning  ;  that  >ome  of  (hem  thought  it 
■was  a  complimentary  address,  and  others  tiial  it  was  a  peliliou  ahout  a 
sclioolhouse.  Again,  when  lifteen  hundred  of  the  yeomen  of  Colchester, 
with  twenty-tlu'co  magistrates  at  their  heail,  prerfeuted  their  hiuulile  hut 
constitutional  remou.-l ranee,  what  was  the  rei)ly  ?     That  Hi-  Mxceljeuey 


Lad  h 


•en  n\isrepn 


■scnied  in  the  '"remote"  districts  of  the  I'rov 


nice 


that 


the  press  had  f'eceived  them;  that  they  were  under  a  delu.-ion  and  did 
not  know  what  iliey  weri;  ahout.  Having  it  on  such  high  anthoriiy  (hat 
the  jieo[)le  of  Hants,  and  Kings,  and  Colchester,  are  .-o  ignorant,  iU'O 
such  dunderhead-,  how  can   I  disuii-s  fi'om  my  miml  llie  su-[iieioii  that 

ire   "  remote  "  i'rom  the  great 
centre  of  intelliu'ence  and  civilization,  i\n\  under  the  same   delusion; 


the  people  of  Cumhcrlanil,  who  are  still  mi 


that  you  who  siiri'ound  this  hoai'd,  all  intelligent  and  euergi.'tic  as  you 
appear  are  overclouded  with  error,  and  requin;  to  he  "lectured"  by 
the  Governor. 

But,  sir,  if  yon  are  quite  certain  that  there  is  no  mistake,  that  this  Is 
really  not  a  meeting  to  build  a  sclioolhouse  or  assess  the  township,  let 
me  return  my  sincere  thanks  for  the  high  honor  you  have  done  me  this 
night,  and  for  the  ardent  and  enlliu-iastie  welcome  everywhere  ri'ceived. 
It  has  been  said  that  prophets  receive  no  honor  in  their  own  coimiry,  but 
I  am  hapiiy  that  the  rule  does  not  alwaj's  apply  to  politicians ;  for.  lieyond 
the  boundaries  of  my  own  country  I  have  no  ho[)es,  and  no  amliition, 
and  the  applause  of  all  the  world  beside  would  be  to  me  as  nothing  if  the 
approbation  and  affectionate  attachment  an<l  confidence  of  my  own  coun- 
trymen were  not  mine.  These  1  believe  I  have,  and,  strong  in  that  faith, 
I  can  afTord  to  smile  at  the  malignity  of  the  foes  whom  a  consistent  piilj- 
lic  walk  luis  overwhelmed  with  envy  or  disapjiointment ;  and  at  tin;  impo- 
tent attempt  of  one,  at  whose  hands  I  deserved  better  things,  to  crush 
me  by  the  magic  of  a  name  that  others  have  illustrated,  and  the  weight 
of  an  authority  which  I  devoted  the  prime  of  my  manhood  to  strengthen 


and  adorn.  AVliatever  may  be  said  of  me,  IMr.  Chairman,  this  I  may 
say  of  myself,  That  born  in  an  humlde  sphere  1  have  cndeavoreil  lo  ex- 
tend it ;  heir  to  no  name,  I  have  endeavored  to  earn  one  in  the  paths  of 


'  ?' 


II 


li 


430 


DlNXF.Tl   ly   rrMnERLAKI), 


m^{ 


HI 


:B      'Ml 


i  Mm 


M 


m  ' 


lieofiil  nnd  lionnr.'ililc  Ijibni-;  mihI.  Car  i'i'iiii)si(l  iVifin  lln>  stiiili'  of  my 
fiovf.Tt'ijrn,  I  have  striven  to  (li'-(i\  r  it,  Iiy  drvolid  sonico  uliilc  in  oiricc  ; 
nnil,  wliilr  in  o|i|)fi-iiti()n,  Iiy  conslitntioniil  nttcinpt-i  to  ih-p-civc  liir  piv;- 
rn^^•ltivl!  initarni-linl.  liy  rcmlcrin;^  its  IK'u  exorcijc  coniiKiliiilc  with  tliu 
st'fiirity  anil  lia|)|(ini',-.>  of  licr  people. 

IJut,  sir,  we  have  had  enouL'h  of  polities  ilurin.-i;  liie  la-1  few  days,  and 
I  woidd  ;,dadly  I'-cape  I'roni  their  hea\y  atnio>p!iere  to  hnalhe  the  pnnr 
air,  and  aiiandon  niy-eli'  t(»  llie  hi.i^hei-  exhihiralioii  of  lliis  festive  ami 
deii^rlillii!  scene.  Tlioie^ii  [\\v  intelli,uene((  and  piT-onal  independence  of 
Ko\a  ScDiians  may  he  nndervahieil  in  high  places,  I  see  hefoi'e  me  and 
iiroinul  nie  many  who  fitly  I'epre-ent  those  foi"  whcjin  I  have  toiled,  and 
whose  conddenee  1  hope  ever  to  deserve.  Ill  this  comily,  as  (dsewhere, 
I  perceive  that  the  'I'ory  parly  are  ehielly  made  iiiioi' a  lew  of  the  very 
rich,  operating:;  upon  the  fears,  or  the  intere-is,  or  the  i<;iiorancc  of  (ho 
poor.  The  liheral  party  here,  as  el-ewhere,  emhraees  the  sli.rdy  inde- 
pendence and  a.iriMciiIlnral  wealth  of  the  (.'oiintry.  It  is  often  said  hy  our 
oi)puiieiits  that  they  own  Xo\ a  Scotia,  and  that  the  liherals  are  almost 
intruders  upon  the  >oil,  and  unlit  to  iiilcM'fere  in  pnhlie  allairs.  Ihil  is 
this  nrroirant  hoa-t  founded  in  fact  ?  In  tli(!  whole  island  of  C'apc 
Brcton  .soarccly  one  linndr(>d  Tories  can  bo  found,  and  those  ehielly  clus- 
ter around  the  viilaL'i'--'.  and  live  hy  th(>  professions  or  the  oflii'es  \vhicli 
the  people  are  (axed  (o  support.  Who  cultivat<!  and  own  tln^  soil  of 
Capo  Brottm?  Who  own  tlu;  vessels?  avIio  catch  the  fish?  vlio  carry 
on  the  trade  ?  Tin'  liherals.  juid  the  only  inemhcv  from  the  i.-land  who 
supports  the  present  jrovernmeiit  is  compelled  to  acknowledge  tluit  his 
constituents  dilU'r  with  him  in  opinion.  Turning  to  Giiy-horough  we 
find  that  the  man  who  came  in  at  the  head  of  the  poll  is  a  liberal,  and 
that  the  farmers  of  St.  ]\rary's,  who  did  not  vote  for  him  before,  have 
come  forward  to  tender  him  their  independent  support  because  of  his 
opposition  to  the  ])rcsent  government.  The  county  of  Sydney,  which 
contains  the  finest  upland  in  the  Province,  is  all  our  own  ;  there  are  not 
a  do/en  Tories  in  it.  Ami  in  I'ictou  we  have  the  vast  majority  of  those 
who  read  and  speak  English,  including  a  large  proportion  of  the  most 
skilful  and  extensive  proprietors;  the  most  enterprising  ship  owners  and 
wealthy  merchants.  Do  the  fifteen  hundred  good  men  and  true  in  Col- 
chester own  no  property?  Yes,  in  that  county,  as  in  Kings  and  Hants, 
those  who  are  with  us  own  a  vast  proportion  of  the  broad  acres — the 
real  estate  ;  the  sure  foundation  of  independent  feeling  and  liberal  senti- 
ment. The  tradt'i's,  and  attorneys,  and  oilicials,  or  a  majority  of  them, 
may  be  against  us,  but  the  sturdy  yeomanry,  the  I'eal  aristocracy 
are  with  us.     The  same  may  be  said  of  Digb}',  Yarmouth,  and  She! 


I  I 


niXNi:R   1\   crMlll'IiLAND. 


431 


•  .r  my 

I  (illlClV, 

liT  pro- 
^•Uh  thu 

\y.S  nm\ 

ivi!   !ii>'l 

ll(  llfc  tii" 

.  UK'  ;ii>il 
ilctl.  mill 
scwlit'iv, 
tlio  very 
(•(>  of  the 
idy  iiulc- 
liil  l)y  our 

IT    illlllO-t 

4.  r>iit  H 
of  (':il)C 
lii'lly  cliis- 
ictM  wli'u'li 
\o.  i^oil  of 
who  curry 
and  who 
that  his 

H'ollgh  wc 

hcrnl,  und 
'ore,  have 
use  of  hi3 

ncy,  which 

cr(!  urc  not 
y  of  those 
tlie  mo-t 

:)wncr.'^  and 
uc  in  Col- 

iind  llant:?, 
,.,T3— the 
)eral  scnti- 
ty  of  them. 
Aristocracy 
and  She! 


hiirms  where  hiil  one  Tory  ha->  hccn  alilc  to  lind  a  seal  ;  and  y>  I,  mi  iI 


fi 


ice  o 


f  tl 


IC.-C 


a'Knowli'd'jrd  facts  we  are  told  that    the    lilni'al-  ha\i'  i 


10 
lO 


staki'  in  No\a  Scolia,  and  llial  llu'   prr|iondirani'i'  of  wcalih,  moral  I'lid- 


in^',  an 


d  inti'lli":rnee,  arc  on   llic  oilier  -idi 


W 


ly.  rsm   ni    ihc  ('a|)ila!, 


at    i>    the    ti'iic  .-tale  ol    the   ea«c 


with  all  their  hoa^led  re-onree 
The  'I'ories  have  Miini'  very  wiallhy  men.  a  ;uood  many  that  ha\(!  aecu- 
nndaled  property, l)nt  what  then?  "Wliliin  the  la-l  twi'nty  years,  .-lowly 
and  ^leadily,  indn-trions  and  intelli;j;eii|  men,  prol'e-dii;^  llln  ral  opinions, 
hase  rai-ed  tliini-elves  |o  iiidependenee  and  many  of  llnni  lo  allliienee. 
The  Tories  have  in<ire  wealth  in  fi\vhand>;  oar-,  is  .-pn  ad  o\er  the 
mass,  and  is  scarcely  le,-s  in  amonnt  than  theirs;  while  in  prodnclivo 
jiower,  in  f^eneral  industry  ami  i'ru^allly,  we  po-.-e-s  elenieiil^  which,  in 
tl  very  short  time  w 


ill  make  all  IIk^   hoa-ted  hoards  of  the  '1 


oriis   i^u-u 


the  heani.      Can  the  "(tvermnenl  of  this  connlrv  'sn  on.  and  a   liudy  lik 


this  he  exelnded  from  all   inlliience  w  lun   they  own   tin' 


(  r-loni 


lli>  of  the 


territory  and  i»ay  three-lltiirtlis  of  tin;  taxes?  It  may.  for  a  lime,  hiiL 
trust  me,  tho<e  who  arc  now  trying  the  exjierimi  nl  will  lind  theniMdvcs 
mistaken  ;  they  may  elinii  to  oHiee  with  a  mi-erahle  majority  of  two  or 
three,  obtained  hy  petty  intri^aies  and  a  ( loveriKjr's  per.-onal  inlhience, 
hut  the  time  is  coming  when  the  -Irenglh  of  parlies  will  he  fairl)   tried, 


.1  when  the  liberals  of  Xova  Scotia  will  make,  their  v 


ttlK 

eaiis(!  tieir  rights  to  be  resp 


olce 


heard,  and 


•ted. 


"\Vith  such  resonrces  wo  can  alVurd  to  look  calmly  on  at  the  present 
state  of  things,  and  patiently  liide-  onr  time.  Can  any  man  donbt  what 
must  he  the  result  of  the  present  .-triiggle?  "We  might  have  doubted  in 
the  s[)ring  of  ISIO,  for  then  our  horizon  was  more  den-ely  clouded. 
But  what  did  we  S(.'e  then?  A  Covernor  taught  to  di.-regard  the  voice 
of  the  peo[)h',  and  involved  in  a  series  of  blunders,  pas.-ing  away  from 
our  .shores,  while  those  who  had,  by  their  incapacity,  lowered  his  re[inta- 
tion,  turned  to  worthip  the  rising  .-nn  ;  to  abandon  his  policy;  to  con- 
demn hi.s  errors,  and  lay  the  blame  on  his  own  ob.-tinaey.  A  .-Imllar 
spectacle  await.s  us.  Is  there  a  man  who  in  1811  did  not  see  and  ae- 
hnowledge  the  anonndles  and  errors  of  Sir  Colin  Caniiibell's  adminis- 
tratk)n  from  ISoG  to  18  10?  "Will  there  lie  a  man  in  181(1  who  will  not 
look  back  and  i^neer  at  the   blunders  commhti'd  by  Lord  Falkland  in 


1811?     Ilistorv  is  said  to  be  ••  i»hilo>|)hv  teach 


4'"}' 


inc. 


Dv  cxamjiles 


the 


les.sons  .'<he  will  borrow  from  the  history  (A'  the  la.>t  twelve  months  miist 
be  a  warning  to  Colonial  Govornors  iind  politicians  in  all  time  to  come. 
Let  us  run  over  the  prominent  points  upon  which  the  parties  liave, 
during  that  time,  been  brought  into  eonllict. 

AV'ill  any  Coloniid  Governor  hereafter  dissolve  a  friendly  House,  with 


■■/  ■' 


432 


DINNER   IN   CUMBERLAND. 


-■»!■ 


;i;., 


J    ill  i'l' 


SiX 


\'l'>t,- 


n  nijijorityof  forly  (o  ('i^lit.olilainrd  \villi<>ii(  .■my  sMcrKicf  of  his  personal 
(li.LIiiily.  t(i  secure  Miiotlier.  in  wliieli  lie  eau  scarcely  <:;et  liis  addnvs  ail- 
swtM'ed,  alter  a  f'orliii^dil's  deliate,  Iiy  a  majority  ol'  one?  Trust  ine,  tliis 
great  stroke  ol"  policy  will  never  he  repeated. 

'J'hink  yon  that  a  strani^er  to  lej^nslaliun  and  to  jjuhlie  life,  will  over 
again  he  ele\ate(l  to  hoth  Coimcils,  over  the  heads  of  all  the  prominent 
men  in  the  Le^islatin-e,  who  have  heeii  re  turned  hy  constituencies,  and 
established  claims  to  regard  hy  (heir  patriotism  and  experience?  Think 
you  that  such  an  appointment  will  ever  he  Justified  hy  th(>  flimsy  excuse, 
that  the  recii)ient  of  the  Jionor  is  another  man's  ndation? 

"Will  any  (Jovernor  of  Nova  Scotia,  in  all  timc^  to  conns  ever  he  ad- 
vis(>d  ti»  h'cliM'e  three  jreiitlemeu  in  the  ni'wspa|)ers,  who  retire  from  liis 
Council,  an<l  accuse  (hem  of  wresting  liis  prer()gative  from  him,  because 
Ihey  will  not  deleud  what  is  wrong?  This  administrative  absurdity  is 
already  too  (raiisparen(  ;  oiu"  powers  of  face  are  nol  suHieient  (o  enable 
us  (o  wai(  (ill  the  (Jovernor's  back  is  turned  (o  langh  (his  poor  violation 
of  (he  proi)rie(ies  off  (he  s(age. 

Again,  (ake  (he  (pie-(ion  of  jiarty  gcnermnent,  Avhich  Lord  Stanley 
says,  and  all  men  fetl,  is  tlu'  natui'al  fruit  of  res[)oiisil)le  government. 
Who  will  come  down  and  deny  (o  (he  people  of  Nova  Sco(ia  (his  portion 
of  (heir  bir(hrigh(  in  future?  The  answer  is  j)lain.  The  very  discus- 
sion which  (he  (Jovernor's  iinpoli(ic  dennncia(ion  has  })rodueed,  has 
se((led  (h(>  cpiesdon;  i(  is  already  decided.  The  liberals  will  liavc 
party  goverumen(,  or  ample  jus(ice;  and  (he  Tories  can  form  no  o(her. 
Lord  Falklantl  has  done  moi-e  (o  advance  the  dev(dopmen(  of  this  prin- 
ciple, by  his  impolitic  attemjtt  (o  re(ard  i(,  (ban  all  (he  agi(a(ors  in  Nova 
Sco(ia  could  have  done  in  (en  (iines  (he  number  of  years.  Our  right  to 
this  possession  has  been  es(abli.-hed  by  (lie  a((empt  of  the  stewards  to 
destroy  onr  tide  deeds. 

r)Ut  (he  crowning  absui'dity  of  the  whol(>,  is  (lia(  designed  for  my  es- 
pecial benelll.  The  sovereign  in  I'.ngland  dai'e  not  point  (o  an  English- 
man, and  declare  (ha(  (hat  man  shall  not  be  ele\a(ed  (o  (he  eabine(.  If 
advised  to  commi(  so  flagrant  a  violation  of  privale  righ(s,  ami  of  (ho 
Constitution,  all  Kngland  would  ri-e  cii  iiinssr  and  bear  (he  individual 
thus  assailed  into  the  govi'iMuneiit,  with  a  triinnphanl  majority  (o  snstain 
liim.  Lord  h'alkland  has  done  (lia(  which  (he  Constitution  gives  him  no 
right  to  do;  which  (he  free  spirit  of  this  country  will  resist  ;  which  no 
one  of  his  supporters  can  justify  befon;  the  coiis(i(ueiicies  he  represents, 
when  (he  cou>e(pienees  involved  in  (his  iiii-Lugli>h  [)roserip(ion  come  to 
be  clearly  explained.  And  clearly  e\j)lained  (hey  shall  be.  This  is 
not  a  fjuestion   belwoen  His  Lordship  and  mc ;  it  is  one  to  be  setdcd 


li'M 


nrNNKIl    IN    rUMltKIlLAM). 


433 


Ircss  an- 
mv,  this 

vill  ever 
romiiicnt 
iCH's.  aiitl 
'  TliiiiU 
y  excuse, 

fVoin  liirt 
1,  because 
isurdity  is 

to  enable 
;•  violation 

(1  Stanley 
ivernniont. 
Iiis  ]>ortion 

ry  (liscuri- 
luccd,  litis 

will    liavc 

I  no  other, 
this  prin- 

i-s  in  Nova, 

II  r  ri^'ht  to 
lewanls  to 

or  my  es- 
1  Kn^'lish- 
ibinet.     If 
ami  of  the 
ii\(livi(hial 
to  sustain 
v(>s  him  no 
which  no 
represents, 
m  eonie  to 
.     This  is 
)  be  selllctl 


between  (hose  who  saiielion  il  and  the  pe()])|e  ol'  Xova  Scoda;  and  I  will 
lake  care  tliat  its  bearinj^s  are  iniderslood  in  e\ery  town  and  village  in 
tlie  l*ro\in(;e,  iMtr  niyscdl",  I  eai'e  no!  ;  biil  I  will  re-isl  lliis  inva-ion  ol' 
th(!  rii^hls  of  Nova,  Seotians  willi  all  the  lillle  eneriiy  and  ability  which 
(iod  lias  i^nven  nie.  I  may  be  .-niillen  down,  hut  a  moral  and  an  e.\- 
amph'  shall  spring  out  of  the  condici  which  will  I'nrevei'  settle  the  (|ues- 
lion.  ir  I  can  lie  pro^criiied  to-day,  for  delendimf  mystdl'aiid  my  liicnds 
in  the  newspapi'rs,  anollier  Nova  Scotian  may  be  i-ejected  to-morrow 
because  the  (loveriior  likes  not  the  color  ol'  lii>  hair.  If  unju>t  accu-a- 
lion,  unjustilial)le  abii^e,  and  idliniate  proscription,  ar<'  to  I'ollow  lliosi! 
who  retii'e  I'rom  a  (iovernor",-  Council,  becan-i'  they  camiot  di'i'end  his 
policy,  who  will  retire?  Who  will  run  the  hazard':'  No  other  man  in 
our  day,  and  responsibh;  government  will  be  a  cheal  and  a  delation. 
Kvery  Nova  Scotian  will  hold  his  public  po-ilion,  not  by  honoralde, 
service  to  his  country;  not  liy  the  trea-ured  e.\p(M'ienc(;  of  a  usciiil 
life;  not  by  pul)lic  conlidence,  and  the  '-well  umhastood  wi.-hes  ol'  the. 
peoj)le,"  —  but  by  the  frail  lemn'c  of  a  >InLde,  .-lrat._;er'>  caprice,  or  the 
uidjridled  im|»ul>es  of  any  (lovei'uoi-,  who  doi'^  not  under.-land,  or 
has  the  enterj)rise  to  violate,  iIk;  plainest  primaple.-.  of  the  I'lrilish 
Constitution.  I  may  lie  stiiick  down  by  this  boll  lo-iiay,  but  if  so, 
who  shall  <^uard  HuiiliiiLrlon,  oi'  I'niacke,  or  Yoinii.',  to-morrow'  ? 
William  the  l'\)nrth  etiuld  forj^et  the  withei'in>4  sarcasm  of  IJroULiiiani, 
ami  till!  fact  is  remembered  (o  his  honor.  I^oivl  Falkland  may  not 
hirget  the  bold  self-defence  of  a  man,  whos(!  I'e<dings  he,  ami  his  paid 
minions  had  outraged;  but  while  he  seeks  l()r  weapons  to  destroy  m<! 
beyond  the  jiale,  1  take  my  staml  within  tli<;  boundaries  of  the  Constitu- 
tion, and  have  an  abiding  liiith  in  the  intelligenei;  of  the  people,  and  in 
the  justice  of  my  .-overeign. 

While  he  shiiki's  iiis  !iL'hliiiiiL;>  o'er  my  licnil, 

I    ,<Illil(',  to  tllillk    1    JKlV'i  111)  lIKlStl.T 

Siivc  his  own. 

George  the  Second  liked  not  the  great  Karl  Ciialham,  and  he  was 
deprived  of  his  military  connnission,  and  twice,  previous  to  l?.";?,  he  was 
driven  from  oflice.  ]jut  the  people  of  Kngland  loved,  conlided  in,  and 
sustained  him.  He  was  borne  on  their  siiil'rages,  at  the  head  of  a  tri- 
uiniihant  majority,  into  the  counsels  of  his  sovereign,  against  his  will,  at 
a  time  when  disgrace  rested  on  our  arms,  when  the  (inances  were  di.-^or- 
dered,  and  when  the  i»etty  intrigues  of  Gernnm  minions  sealed  the  fiito 
of  inferior  jioliticians.  In  four  short  years,  the  energies  of  one  indomit- 
able spirit,  of  one  cai)acious  mind,  —  proscribed  at  court,  but  honored  by 
37 


m 


■| 


;  1'.  : 


III' 


■*, 


ii  1 


p. 


it 


434 


SPEECH   IN   HANTS. 


the  nation,  —  elijvatcd  tlio  liritisli  nanif  lo  tlie  liigliost  point  of  indiicnce, 
and  covered  our  annuls  with  glory.  Tiie  fleets  and  armies  of  England 
trinin|)hed  wherever  tliey  appeareil ;  eonnnen'i!  tlourishod;  great  prin- 
ci])les  were  evolved;  and  Queen  Victoria  owes  tiie  sovereignty  of  tlio 
spot  on  whi(.']i  we  siand,  and  of  all  her  Xorlli  AiniMMcan  jiossessions,  to  a 
minister  dislijved  at  court,  but  enslirined  in  tiie  hearts  of  the  jieople. 
Far  he  it  from  me  to  aspire  to  a  coi'responding  position  in  Nova  Scolia  ; 
to  a  destiny  so  conspicuous  even  on  a  stage  so  huiuhle.  Jf  1  resemble 
this  great  man  at  all,  it  is  only  in  the  folly  of  o|)ponents  whose  bluiider;^ 
have  provoked  the  illustration.  IJut,  pardon  me,  Mr.  Chairman,  T  did 
not  intend  to  have  stayed  the  wine  oup  so  long,  or  to  have  tn-spassed 
npon  your  ])atience  with  these  topics.  I  ought,  perha[)s,  to  liave  given 
vent  to  feelings  of  a  dilferent  kind,  evoked  by  the  beautiful  scenes  over 
which  I  have  jiassed  of  late,  and  the  friendly  attentions  J  have  receive(L 
I  came  to  Cumberland  almost  a  stranger;  some  portions  of  it  1  have  not 
seen  lor  ten,  others  not  for  tifteen  years ;  but  I  Nhall  go  liome  with  a 
lively  sense  of  its  great  natural  and  industrial  resources,  and  often, 
amidst  the  toils  and  trials  of  puldie  life,  shall  turn  back  to  the  hap[)y 
firesides  where  1  have  marked  the  social  virtues  of  the  people  of  Cum- 
berland;  and  refresh  my  spirit  with  the  remembrance  of  this  festive 
scene,  where  1  have  found  myself,  however  the  distinction  may  have 
been  nndeserved,  a  welcome  and  an  honored  guest. 


At  a  meeting  in  Hants  he  said : 


;  ' 


I'r 


God,  in  his  infinite  Providence,  scatters  over  every  country  the  intel- 
lect required  to  develop  its  resources,  administer  its  affairs,  and  secure 
to  its  inhabitants  that  jneasure  of  hai)piness  which  they  are  fitted  to 
enjoy.  Ikit  God  is  no  respecter  of  jjcrsons ;  the  blessings  he  bestows 
an^  common  blessings,  in  which  all  have  an  interest,  and  in  the  enjoy- 
ment of  which  the  humblest  of  his  creatures  may  be  permitted  the  most 
largely  to  participate.  The  river,  which  sparkles  along  the  vale,  stops 
not  to  inquire  wdiether  the  fields  it  refreshes  or  the  hearts  it  gladdens 
belong  to  the  rich  or  to  the  poor.  The  flower  sheds  as  sweet  a  2)erfume 
in  the  widow's  scanty  garden  as  in  the  marble-railed  parterre.  So  is  it 
with  that  sacred  fire  which  men  call  genius  —  that  quickening  principle, 
that  animates  and  governs  human  society.  A  castle  may  frown  upon  a 
cliff,  overlooking  half  a  county ;  the  lord  of  that  vast  domain  may  revel 
in  every  luxury  which  can  pamper  the  senses  or  stimulate  to  a  wide 
range  of  intellectual  activity ;  the  armed  retainers  may  tread  the  mas- 
sive wall,  or  make  the  court-yard  a  mimic  school  of  war ;  the  wise  and 


idiu'ncP, 
Kugliind 
■at  jirin- 
y  (if  the 
oils,  to  11 
■   people. 
I  Seolia  ; 
veseinlilo 
blumlers 
an,  I   tVul 
resjiassed 
.ve  given 
;ncs  over 
received, 
have  not 
lie  with  a 
Lud  often, 
he  hapiiy 
i  of  Cuin- 
lis  festive 
may  have 


the  intel- 
Liid  secure 
litted  to 
le  bestows 
the  enjoy- 
l  the  most 
vale,  stops 
ghiddens 
a  perfume 
So  is  it 
principle, 
\vn  upon  a 
may  revel 
to  a  wide 
I  the  mus- 
wisc  and 


SPEECH   IN   HANTS. 


435 


the  brilliant  may  stroll  'nealh  old  ancestral  trees,  or  enliven  the  festal 
hall  with  the  (lashes  of  wit  and  the  hoarded  treasures  of  experience  ;  a 
long  line  of  sages  and  warriors,  looking  down  from  the  walls  of  that 
^^talely  pile,  may  hire  to  elevated  thought  and  high  achievenK'iit  —  and 
vet  the  children  liorii  within  that   ea>tle,   tiuis  furnished  and  endowed. 


m 


[)y  scarcely  possess  enough  of  intellect  to  li)ld   slu'cp   upon   the   hil 


Ijiit  far  down  in  the  valley,  b(Miea(h  the  shadow  of  that  castle,  the 
peasant's  cot  may  olVer  to  its  inmates  a  scant  return  for  unreinitting  toil; 
and  yet   from  the  loins  of  that    poor  peasant  may  spring  the  youth, 


whose  ardent  soul,  iired  by  (liviiu>  inspiration,  may  point  to  nol)lest  aims 
and  achieve  the  highest  triumi)hs.  Art  may  to  him  seem  instinct ;  sen- 
ates may  hang  delighted  upon  his  accents,  or  armies  read  the  presage  of 
victory  in  his  eye.  The  Constitution  of  England  wisely  adapts  itself  ■< 
the  arrangements  of  Providence  ;  it  draws,  from  the  humbh'st  as  from 
the  highest  ranks  of  life,  the  talent  which  the  nation  jiroduces,  and  en- 
lists it  in  the  service  of  the  state.  Public  departments  are  regarded  as 
i^ublie  trusts,  to  which  all  may  aspire,  and  with  the  honors,  and  influ- 
ence, and  emoluments  of  which  a  wise  sovereign  ami  a  grateful  people 
may  stimulate  to  exertion,  and  invest  patriotic  enterprise  with  a  national 
character,  and  crown  it  with  a  national  reward.  The  "stately  halls"  of 
England  send  forth  to  the  public  arenas  the  most  aspiring  and  energetic 
spirits  they  produce ;  but,  when  there,  the  scions  of  !;ristocracy  must 
wrestle  with  the  talent  reared  in  her  '"cottage  homes,"  discii)llned  in  her 
workshops  ;  rising,  it  may  be,  from  the  lowest  form  of  the  charily  school, 
or  the  darkest  recesses  of  the  mine.     From  such  a  Constitution  as  this 

"  —  Our  oonntry's  grandeur  springs, 
Tiiat  makes  licr  loved  at  home,  revered  abroad." 

Canning's  mother  was  an  actress  ;  Pitt  was  a  cornet  of  Hussars ; 
Brougham  connneiiced  life  in  a  Scotch  garret  ;  Sydenham  in  the  count- 
ing house ;  Peel's  fat lu'r  was  a  cotton-spinner.  The  biogra[iliical  his- 
tory of  our  country  is  rich  in  such  names,  and  furnishes  on  every  ])age 
.its  animating  commentary  on  the  free  spirit  of  our  Constitution.  Had 
public  departments  descended  from  father  to  son,  as  they  did  here  until 
recently;  had  they  been  held  for  life,  as  our  opponents  desire  now, 
would  it  have  been  so  rich?  would  these  glorious  illustrations  have  been 
so  lunneroiis?  l.'nder  the  one  sy .-tem  [)ublie  spirit  would  have  died, 
under  the  oilier  it  would  have  languished.  jNIake  public  ollices  heir- 
loom-, and  tlu;  intellect  which  shoulil  be'  found  in  the  service  of  the  gov- 
ernnienl,  is  at  once  arrayed  against  it  ;  give  men   life   tenures,  and  one 


,i  1 

III 

1 

■  ■  i 

1 

■•l    -I 

'  i 


!  il 


I 


r  1 '  i 


li 


t  I' 


M    1^ 


i.':4 


,11 1  . 


'i  ilii 


mm  I 


436 


NEW  BRUNSWICK. 


generation  must  pa?s  away  before  the  ambitious  have  anything  to  aspire 
to,  or  a  nation  any  thing  to  bestow. 

Ah  event  occurred  in  New  Brunswick  about  the  commence- 
ment of  tliis  year  which  gave  an  impulse  to  the  cause  of  rc- 
sponsibh)  government  in  that  Province  as  unexpected  as  it  was 
gratifying  to  us  on  this  side  of  the  bay.  The  leading  men  of 
all  parties  having  been  drawn  into  the  Executive  Council,  and 
there  being  nothing  particularly  to  complain  of  in  tin;  adminis- 
tration of  allairs,  there  was  no  d<'sirc,  as  perlia[)s  there  was  no 
immediate  necessity,  for  any  practical  exiiibition  of  tiie  power 
which  the  people  possessed  under  the  new  Constitution  that 
had  been  evidently  conferred  by  Lord  John  Russell's  dispatciies, 
and  which  Sir  John  Harvey  liad  recognized  and  announced  in 
his  circular  memorandum.  We  were  not  unfrcquently  taunted 
with  the  quiescent  condition  of  New  Brunswick,  and  the  a})pa- 
rent  indisposit'on  of  the  people  of  that  Province,  while  enjoy- 
ing the  blessing  of  good  government,  to  waste  their  time  with 
political  theories  and  disputes  as  we  did  in  Nova  Scotia.  "  I 
am  alone  responsible,  and  my  Council  are  responsible  to  me," 
was  Lord  Falkland's  leading  idea,  and  it  was  assumed  that  all 
the  public  men  in  New  Brunswick  conceded  to  Sir  William 
Colebrookc  the  plenary  powers  which  His  Lordship  claimed. 
Sir  William  evidently  thought  so,  for  the  Provincial  secretary- 
ship becoming  vacant,  he  bestowed  that  office  upon  his  son-in- 
law,  Mr.  Alfred  Reade,  a  gentleman  who  had  only  been  a  few 
months  in  the  Province,  who  was  a  stranger  to  its  people,  and 
who  had  never  represented  a  const itiiency  or  earned  promotion 
by  any  public  service.  This  absurd  appointment  of  a  transient 
person,  over  the  heads  of  all  the;  members  of  both  Houses  of 
Parliament,  was  made,  as  it  afterwards  appeared,  and  reported 
to  the  Colonial  office,  without  the  members  of  the  Executive 
Council  l)eing  consulted.  Four  of  the  most  popular  and  influ- 
ential of  them  resigned,  nnd  refused  to  defend  it,  and  in  that 
hour  responsible  government  grew  into  almost  universal  favor, 
and  was  recognized  as  the  '•  chea[)  defence"  of  the  Province 
against  all  such  extravagances  in  the  time  to  come.  Mr.  Wil- 
mot,  in  his  letter  of  remonstrance,  addressed  to  Sir  William 


to  fvspire 

nmcncc- 
so  of  re- 
is  it  was 
men  of 
lu-il,  ivnd 
sulniinirt- 
>  was  no 
he  power 
tioii  that 
it^patchcs, 
luiicetl  in 
V  taunted 
the  appa- 
lilc  enjoy- 
timc  w^ith 
3otia.     "  I 
lie  to  mo," 
xl  that  all 
r  William 
p  claimed- 
secivtary- 
his  son-in- 
c;en  a  few 
x)ple,  and 
promotion 
I  transient 
louses  of 
n^ported 
l^xeeutive 
uiid  iuHu- 
ud  in  that 
Y<;\\  favor, 
«  Province 
Mr.  Wil- 
li- William 


wilmot's  protest. 


437 


Colebrooke,  boldly  asserted  the  principles   for  which  the  re- 
formers of  Nova  Scotia  had  battled  so  ardently  and  so  long:  — 

In  the  first  place,  1  consider  it  ju^^tly  due  to  \hv.  people  of  this  Province, 
that  all  the  oflices  oi'  honor  and  emolument  in  the  gift  of  the  administra- 
tor of  the  government  should  be  bestowed  upon  inhabitants  of  the 
Province  who  have  made  this  country  their  hom(>,  and  in  the  cases  of 
the  principal  oflices  tho^e  persons  should  be  preferred  who  have  claims 
for  public  services  rendered  to  the  Province,  and  who  can  command  the 
respect  and  confidence  of  the  country.  "With  these  views,  which  I  hope 
I  will  ever  retain,  I  must  necessarily  disapprove  of  the  appointment  in 
question,  as  I  can  only  look  upon  j\Ir.  lleade  as  a  comparative  stranger 
and  a  transient  person,  while  at  the  same  time  I  am  of  opinion  that  he 
has  no  claim  whatever  on  the  gi-ound  of  public  services  rendered  to  this 
Province. 

It  would  be  vain  for  the  parents  of  our  youth  to  make  every  exer- 
tion in  order  to  qualify  their  sons  for  the  higher  oflices  of  the  Province, 
if  the  avenues  to  honorable  and  profitable  employment  are  to  be  thus 
closed  against  them ;  and  I  thcrelbre  cannot  but  view  the  appointment 
under  consideration  as  an  act  of  great  injustice  to  the  people  of  this 
country,  and  I  can  safely  assure  Your  Kxcellency,  that  it  will  be  thus 
considered  throughout  the  length  and  breadth  of  the  Province. 

Your  Excellency  is  well  aware  that  ever  since  I  have  had  the  honor 
of  having  a  seat  in  the  Council,  I  have  api)roved  of,  and  advocate  I  those 
principles  of  Colonial  government  which  ai-e  now  in  full  operation  in 
Canada;  which  have  been  distinctly  enunciated  by  the  present  govern- 
ment in  the  House  of  Commons ;  and  which  recpiire  the  administration 
to  be  conducted  by  heads  of  departments  responsible  to  the  Legislature, 
and  holding  their  olflces  contingently  upon  the  api)robation  and  confidence 
of  the  country,  as  expressed  through  the  representatives  of  the  people. 

Still  entertaining  a  strong  attachment  to  those  principles  from  a  clear 
conviction  of  their  constitutionality,  and  from  a  conscientious  belief  in 
their  safe  and  practical  adai)tation  to  a  IJritish  Colony  enjoying  the  privi- 
lege of  a  representative  form  of  government,  I  can  see  no  suflicient 
reason  for  withholding  their  salutary  influence  from  the  loyal  and  intel- 
ligent people  of  this  Province ;  and  considering  it  more  advisable  that  a 
gradual  advancement  should  be  made  by  the  government  itself  towards 
those  [)rinciples,  as  op()ortunities  may  otter,  than  that  a  concession  in 
gross  should  hereafter  be  made  to  the  urgent  demands  of  the  country,  I 
am  of  opinion  that  the  Provincial  Secretary  should  now  be  brought  into 
37* 


I'    ''■' 


! 


V    '    '. 


438 


SESSION   OP    1845. 


'■ '  * 


Si''  '  ■: 


m 


the  executive  government,  and  slioultl  hold  a  scat  hi  one  of  the  Houses 
of  tlic  Li'irif^lalnre  —  the  tenure  of  liis  olTico  being  contingent  upon  the 
pucocssliil  aihninistration  of  goverinnent  ;  and,  therelore,  a>  tlie  appoint- 
ment ill  ([uestion  lias  heen  made  irre>|)ectivo  of  any  of  the-fo  considera- 
tions, I  am  bound  to  give  it  my  opposition. 

Mr.  C'hnrk's  Sirnontls  and  three  other  gcntU'meii  retniiicd  of- 
fiee,  dcfciuk'd  the  appoititmeiit,  and  INIr.  Simoiids  denouneed 
responsil)h*  <^overinnent,  as  inapplicable  to  CoU)nial  life  and  ad- 
ministration. Two  parties  Avere  thus  formed,  and  the  issue  was 
fairly  raised.  Before  the  close  of  the  session  the  appointment 
of  INIr.  Reade  was  cancelled ;  the  Colonial  Secretary's  disap- 
proval of  it  having  been  foriually  communicated  to  Sir  William. 

Our  legishitive  session  was  o})ened  on  the  first  of  February. 
It  was  one  of  the  most  stormy  that  we  ever  remember.  In  his 
speech  from  the  throne  Lord  Falkland  said:  "  I  shall  take  an 
early  opportunity  of  aecpiainting  you  Avith  the  eftorts  I  have 
made  to  justify  the  confidence  you  expressed  in  me  by  your  res- 
olution of  the  12tli  of  April  last."' 

Who  ever  thinks,  now,  of  expressing  confidence  in  the 
Queen's  representative  ?  What  (lovernor,  in  British  America, 
would  put  such  an  unconstitutional  paragraph  in  his  speech  ? 

On  the  7th  of  February,  the  papers  connected  with  the  nego- 
tiations of  the  previous  year  were  laid  before  the  House.  They 
will  be  found  in  the  appendix.*  Tliese  included,  tlie  letter  ad- 
dressed by  Lord  Falkland  to  Mr.  Dodd  on  the  24th  of  Feb- 
ruary, with  his  answer,  but  did  not  include  the  answer  of  the 
retired  Councillors,  which  will  ])e  found  in  IMr.  Howe's  speech 
of  the  13tli  February,  1845. 

In  .July  a  circular  had  been  addressed  by  the  Provincial  Secre- 
tary to  Messrs.  Uniaeke,  McNab,  Huntington,  George  Brennan, 
and  B,  Smith,  in  which  they  were  invited  to  accept  of  seats  in 
Council,  and  informed  that  His  Lordship  found  it  impossible 
for  him  to  include  Mr.  Howe  in  the  proposed  arrangement. 
With  these  papers  a  dispatch  was  also  laid  on  the  table,  which 
we  give  at  large,  as  without  it  it  would  be  impossible  to  un- 
derstand the  speeches  that  are  to  follow:  — 


'iWU 


*  Appendix.  —  Letters,  &c., 


LORD   FALKLAND'S  DISPATCH. 


439 


c  Houses 
upon  the 
i  appoint- 
.'onsidi'ra- 


uined  of- 
Miounoed 
.;  and  iul- 
ssuc  was 
ointment 
y's  disap- 
William. 
Fobrnary. 
r.     In  his 
1  take  an 
rts  I  have 
your  res- 

30  in  the 
America, 
speech  ? 
the  nego- 
se.  Tliey 
letter  ad- 
li  of  Feb- 
s^er  of  the 
e'ri  speech 

cial  Secve- 
Brennan, 
)f  seats  in 
impossible 
angement. 
.ble,  whicli 
ble  to  un- 


GoVEItXMKNT    TRiUSK,    TIaI,I1AX,| 

2tl  August,  IHl'l.  y 

My  Lonr>,  —  In  my  private  letter  f)f  the  2(1  ultimo,  I  announced  to 
you  my  intention  shortly  to  make  another  effort  to  induee  the  leaders  of 
the  opposition  in  the  Assembly  of  Nova  Seotia  (with  the  exception  of 
]Mr.  Joseph  Howe),  to  lend  their  aid  to  the  Provincial  administration. 

In  endeavoring  to  carry  out  this  design,  1  availed  myself  of  the;  per- 
mission kindly  accordetl  to  me  by  Your  Lord>hip,  to  augment  the  numljer 
of  the  Executive  Council  to  twelv<^  in  case  of  necessity ;  and  I  offered 
seats  at  the  board  to  Messrs.  McNab,  Huntington,  .1.  15.  I'niacke,  and 
two  Catholic  gentlemen,  jMessrs.  Tobin  and  IJrennau,  thus  placing  Jive 
seafs,  and  the  office  of  Solicitor  Ceneral,  at  the  disposal  of  those  who 
style  themselves  the  liberal  party,  and  the  sixth  1  offered  to  ]Mr.  llenja- 
niin  Smith,  an  old  and  nuich  respected  member  of  the  House.  I  in- 
cluded ]Mr.  Smith,  not  only  because  he  is  well  (pialified  to  perfbrni  the 
duties  of  an  Executive  Councillor,  but  in  order  to  sustain  the  priiu-iple 
■which  I  have  always  asserted,  that  no  i)arty  is  entitled  to  inuuerical  re- 
presentation at  the  Council  board  in  exact  pro])()rlion  to  its  force  in  the 
Assembly.  My  offer  was  declined  by  ]Messrs,  Huntington  and  MeXab, 
tut  it  was  intimat(;d  to  mc  through  ^Nlr.  Dodd,  a  member  of  tlu;  govern- 
ment, that  the  opposition  were  ready  for  the  exclusion  of  Mv.  .loseph 
Howe,  if  I  would  consent  to  the  formation  of  a  Council  of  nine,  ])rovided 
it  could  be  effected  ;  and  that  if  I  would  ])ermit  the  Attorney  ( Jeneral  to 
hold  a  conference  with  Mr.  .1.  1>.  Uniacke  (who  with  IMessrs.  Brennan 
and  Tobin  had  as  yet  given  no  definite  answer  to  my  overture),  to  en- 
deavor to  arrange  the  details,  those  who  had  refused  the  terms  i)roffered 
in  the  first  instance  would  be;  willing  to  reconsider  their  resolution. 

I  acceded  to  this  proposition,  and  the  Attorney  General  informed  Mr. 
Uniacke  that  I  had  done  so,  when  the  latter  gentleman,  after  further 
communication  with  his  friends,  stated  that  a  portion  of  them  withdrew 
the  confidence  that  had  been  accorded  to  him,  and  objected  to  support 
the  government  if  Mi*.  Howe  were  shut  out  from  the  Coinicil  table. 
Messrs.  Uniacke,  Brennan  and  Tobin,  —  the  hitler  gentleman  in  a  per- 
sonal interview, —  then  gave  their  refusals,  as  did  Mr.  Smith,  who  I)e- 
haved  in  the  handsomest  maimer,  and  rejected  the  seat  solely  fi-om  a  fear 
of  involving  the  government  in  embarrassment  were  he  to  become  a 
member  of  it  at  this  particular  juncture  ;  Mr.  Uniacke  doing  the  same, 
because  he  felt  that  if  he  accepted  it  alone  he  could  bring  me  no  efficient 
support,  but  must  abandon  his  p«rty,  and,  by  acting  independently,  di- 
vest himself  of  all  political  influence  in  the  Assembly.  Tlie  i-easons  as- 
signed by  the  other  gentlemen  to  whom  my  proposition  was  addressed, 


!''? 


ill. 


'I 


'it. 


I .  "t 

ir 


I   ■'     I 


if:  .t 


I*'  1,1 


:M  :' 


li:  .!;l 


.i 


I'.p 


f     i! 


a 


«§'■■ 

l! 


'4: If ''•.!!;.  V 


lilV 


:J,K 


t  i. 


i-' 


/'';iiv«l; 


til 


§5 '9  I)- 1 


440 


l'T\'c 


LORD   FALKLAND'S  DISPATCH. 


will  be  found  in  their  letters,  copies  of  wliieli,  as  well  as  those  of  Messrs. 
Uniai'ke  ami  Sinitli,  I  lu-rewith  transmit.  Mr.  Tobin  verbally  informed 
mc  that  lie  euuld  not  accept  ollice  unless  in  conjunction  with  his  friends, 
and  the  negotiation  Avas  linally  broken  off,  because  I  felt  it  impossible  to 
cooi)eratc  with  one  of  the  leaders  of  the  elective  branch  of  the  Lcgis- 
ture. 

I  have  reason  to  Inow  that  a  great  proportion  of  the  opposition  look 
on  the  demand  tliat  I  shall  receive  Mr.  Howe  as  unreasonable,  but  are 
unwilling  to  se[)arate  themselves  from  those  with  whom  they  had  lately 
acted;  and  I  have  the  satisfaction  of  being  able  to  state  that  it  has  be- 
come evident,  within  the  last  fortnight,  that  the  government  has  acquired 
additional  tirnniess  and  stability  in  the  Assembly,  while  the  opposition 
has  manifestly  lost  in  those  resj)ects,  and  having  no  acknowledged  leader 
in  the  House  (where,  I  believe,  as  well  as  in  the  country,  Mr.  Howe's 
inilueuce  is  greatly  diminished),  exhibit  a  want  of  concert  and  determin- 
ate action. 

In  the  country,  also,  the  government  is,  I  think,  gradually  gaining 
strength,  and  the  spirit  of  party  fast  declining  among  the  more  moderate 
and  well  thinking  of  that  portion  of  the  people  who  have  sided  with  the 
opposition ;  and  having  redeemed  my  promise  to  endeavor  to  effect  a 
coalition  by  every  honorable  means  in  my  power,  I  have  every  reason 
for  believing  that  by  continuing  to  conduct  the  government  on  principles 
of  fairness  and  moderation,  I  shall,  if  I  remain  in  the  Province,  be  able 
to  administer  the  public  affairs  succcessfully  during  the  next  session, 
though  with  not  a  large  majority. 

1  have  already  acquainted  Your  Lordship  with  my  determination  with 
respect  to  Mr.  Howe,  and  the  reasons  that  have  led  to  it.  His  conduct 
has  rendered  it  impossible  for  me  to  offer  him  a  seat  at  any  board  at 
which  I  preside,  because  the  mere  fact  of  his  being  restored  to  his  former 
position,  after  having  publicly  and  grossly  insulted  the  Queen's  repre- 
sentative, and  restored,  moreover,  by  the  very  officer  so  outraged,  would, 
in  my  belief,  degrade  the  office  I  hold  in  the  estimation  of  the  commun- 
ity, and  make  Mr.  Joseph  Howe,  de  facto,  Governor  of  Nova  Scotia. 
I  am  aware,  tliat  as  a  mere  matter  of  political  expediency,  this  viay  be 
viewed  in  a  different  light ;  that  it  vuaj  be  thought  I  can  consistently 
with  the  dignity  of  my  position,  recall  Mr.  Howe  to  the  Council  board; 
that  my  doing  so  would  neither  lower  myself  noio,  nor  the  office  I  fill 
hereafter,  in  the  public  estimation  ;  that  Mr.  Howe's  readmission  to  the 
government  would  not  be  recognized  as  a  legitimate  mode  of  opposition ; 
the  personal  insults  which  he  has,  in  his  capacity  of  a  journalist,  heaped 
on  the  representative  of  his  Queen ;  in  short,  that  I  ought,  for  the  sake 


MR.   HOWE'S  COMMENTS. 


441 


'.  i\ 


Lcgis- 


of  fonnln;r  a  slroiif^  govornmciit,  to  yicM  llic  point,  or  tluit  oven  if  T  Jira 
rij^lit  a?  regards  my  individual  position,  it  wonid,  nndri'  all  iIk;  oiiruni- 
stanccs,  Ix;  de.-iralde  that  1  should  retiiv  Irom  my  po.-t  and  malic  way  for 
some  one  to  whom  jMr.  IIowo,  would  not  ho  ohnoxious. 

Should  Vour  Lordship,  after  reading  whiit  I  hav(!  wridon,  deem  such 
n  step  likely  to  promote  |)ublie  trancpiiiily  ;  and  should  you  not  i)artieipatc 
hi  the  persuasion  with  which  1  am  dei'ply  imbued,  —  that  it  would  in  all 
probability  hav(>  an  opposite  tendeney,  and  that  even  were  it  to  be  at- 
tended with  a  momentary  appearanee  of  harmony,  that  appearance  woiHd 
not  only  be  purchased  at  the  .sacrifice  of  the  dignity  and  re-peetability 
of  the  future  Lieutenant  Governor,  but  prove  in  Itself  delusive  ;  I  need 
not  entreat  you  to  allow  no  considerations  having  reference  to  myself 
alone,  to  induce  you  to  defer  naming  my  succc.'ssor;  I'or  I  shall  in  such 
case  feel  that  my  ojiinion  ought  not  to  influence,  and  will  not  Influence 
Your  Lordship,  when  opposed  to  your  own  convictions.  If,  however, 
Your  Lordship  should  think  I  have  acted  as  became  me  under  the  difTi- 
culties  in  which  I  have  been  placed,  and  that  my  retirement  at  this  period 
would  not  be  likely  to  contribute  to  the  tramiuillity  of  the  Province,  be- 
cause it  might  give  u  temporary  trimnph  to  those  principles  against 
which  I  have  thought  it  my  duty  to  contt-nd,  and  would  certainly  mortify 
and  irritate  the  large  and  influential  classes  by  Avhom  1  am  su[)ported, 
and  thus  increase  discord,  I  venture  to  liope  that  yuu  will  give  mc  the 
advantage  of  an  expression  of  that  ojunion. 

It  is  from  no  sense  of  weakness  either  in  ParliaiiKMit  or  in  the  coun- 
try, that  I  am  induced  to  address  Your  Lordshi[)  on  this  occasiim ;  but  as 
.1  junction  of  parties,  for  many  reasons  so  desirable,  has  been  prevented 
by  considerations  involving  so  much  of  a  personal  nature,  and  reduce  the 
question  to  a  mere  contest  between  myself  and  a  political  leader  in  the 
Province  which  I  govern,  I  feel  it  right  (hat  you  shoidd  have  an  oppor- 
tunity of  pronouncing  a  judgment  on  the  coiu'se  T  have  jtursued  under 
circumstances  so  painful,  and  of  counteracting  without  delay  the  evil 
consequences  which  may  result  from  my  conduct  if  I.  have  fallen  into 

crroi'. 

I  have,  &c., 
(Signed)  FALKLAND. 


lit 


E:f 


Mr.  Ilowe  had  not  heard  all  the  papers,  sent  down  by  the  Lieutenant 
Governor,  read,  but  he  had  heard  enough  to  enable  him  to  judge  of  their 
general  tenor,  and  to  satisfy  him  that  the  course  taken  by  Lord  Falkland 
would  never  be  imitated  by  any  Colonial  (Jovernor,  certainly  not  by  any 
wise  one.     To  expose  to  the  general  eye  the  confidential  negotiations 


'>\      \ 


442 


lin.   HOWES  COMMENTS. 


iifJ 


s!i 


■,t  I 


I  r! 


iVj 


for  the  formation  of  govcniiiKMit  was  most  unusual,  Itut  to  misrepre- 
sent the  nature  of  those  nrgotialions,  for  the  i)iir|)osc  ol'  wouiKhng  per- 
sonal foi'lings,  or  misleading  tho  C'uU)nial  Secretary,  was  a  violation,  not 
only  of  duty,  but  of  all  the  dcceneies  of  ollicial  life  Tlu'  di>|)ateli  IVoni 
Lord  Falkland  to  Lord  Stanley,  a  main  assertion  in  Aviiieh  tiie  gcntle.- 
nian  beside  him  had  here  ])ul»!iely  dis[)roved,  i^lrarly  indiealcil  tiio 
nature  of  other  dispatches  which  the  Government  liail  declined  to  couunu- 
nicate,  and  of  tliose  "private"  letters,  by  which,  no  doubt,  tiie  Colonial 
offlc(!  had  been  e(iually  misled.  As  my  name,  ,>aid  Mr.  Howe,  has  been 
handled  so  freely  in  those  documents,  though  unwilling  to  anticipate,  I 
nuist  trouble  the  House  with  a  few  words  of  explanation.  So  far  from 
ever  having  pressed  my  claims  to  distinction  upon  the  parfy  willi  which 
I  act,  —  upon  this  House,  or  on  Her  Majesty's  government,  —  I  repeat- 
edly declined  seats  in  Council,  before  accepting  one.  "When  that  waa 
oflercd,  I  woulil  willingly  have  stepped  aside  that  others  might  have 
been  provided  tor.  Having  gone  in,  I  labored  for  thi-ee  years  to 
strengthen  the  government  of  which  I  was  a  member ;  for  many  weeks 
after  we  were  compelled  to  retire,  but  one  feeling  actuated  IMr.  Uniacke, 
Mr.  McNab  and  myself;  we  cared  not  for  our  personal  claims,  or  seats, 
or  ollices,  we  had  but  one  thought  only,  that  of  the  interests  of  the  coun- 
try, and  of  iiow  we  should  rescue  tlie  Lieutenant  Governor  I'rom  the  diffi- 
culties by  which  we  already  saw,  he  was  and  would  be  surrounded. 
Before  the  House  met,  and  shortly  after  Mr.  Dodd  came  to  town,  Mr. 
McNab  oflered  to  yield  his  seat,  provided  one  gentleman  would  retire 
from  the  opposite  side,  leaving  the  conservatives  five  seats,  and  the 
opposition  liut  four.  This  was  refused.  A  satisfactory  arrangement  on 
something  like  this  basis  might  have  been  had,  when  our  seats  were  ten- 
dered in  February.  It  was  again  declined.  Actuated  by  generous  and 
kindly  feelings,  which  prompted  me  to  save  the  Lieutenant  Governor, 
at  every  sacrillce,  I  subsetiuently  sought  to  do  an  act  which  the  liberal 
party  might  or  might  not  have  approved,  to  bring  about  a  compromise  at 
the  saci  'lice  of  my  own  claims  to  office  and  honor;  but  while  my  friends 
and  I  were  laboring  with  but  one  single  object,  very  different  feelings 
were  at  work  on  the  other  side ;  and  all  our  moderation  was  attributed 
to  weakness,  all  our  efforts  were  turned  against  us  in  a  spirit  of  detraction 
or  intrigue.  "When  this  impression  was  confirmed  by  evidence  I  could  not 
doubt ;  when  an  extract  from  a  disi)atch  conveying  an  imputation  which 
the  House  by  a  unanimous  vote  subsequently  wi[)ed  away,  aj)peared  in 
The  Gazette  ;  when  personal  insults  were  ottered  by  the  Lieutenant  Gov- 
ernor to  myself  and  other  members  of  the  liberal  party  ;  when  slander 
and  defamation,  intended  to  break  down  our  public  characters,  and  lam- 


JiiK' 


!^' 


Ml!.    UNIACKKM    RKSOLUTIONS. 


413 


ponn-f  aimed  nt  our  |)(M'-(in;il  trclii\;;«,  liail  Imtm  piildi-linl  I'm'  iiiinitli-  liy 
n  paiil  oHiccr  of  I^dhI  I'lillNlainr.-.  j^ovcniiiiiiil.  I  >liniil(l  li.nr  Imtii  !<'>■< 
or  inon-  lliaii  u  man  it'  I  diil  nol  n><)-iil  siicli  a  rcliiiti  tin'  all  Dur  |ia-t  cum- 
tliict,  llir  all  <iiir  rccciil  sdliriliidr.  Tin'  L'ciitlcmrii  wlm -it  ainmid  ii\c! 
know,  that  when  I  n'liinicd  In  llic  |»rc--  in  .May.  1  Iiad  no  iicr-onal  iuh  rr-l 
or  feclin;^  ill  lli<'  maltcr.  Imi  did  so  al  tlirir  dc-irc,  and  liir  tlirir  prutci;- 
tion  ;  tliat  tlicir  iiosiiion  iniirlil  In- di'l'indiMJ,  ihcir  arj^'nnn'iits  fairly  >latrd, 
slanders  rciiitiMJ,  and  llic  lani|)noii<  wlilcli  liad  hern  !i('a|>i'd  niioii  lln'Ol 
thrown  liack  upon  llic  ciii'iny.  Tliis  duty  I  have  pi  rt'oi'iiird  wiili  tlic 
little  ability  wlirrcwitli  i'rovidi'iicc  ha-  idr<-cd  nic  ;  and  it',  in  llir  dis- 
charj^o  of  it,  otrmce  lias  hccn  jrivi'ii.  lluKe  who  i,'avi'  the  provooatioii, 
vlio  rcji'i'toil  all  lair  ti'i'iiis,  who  aroii.-r<l  personal  rccliii;^-,  ami  created 
personal  <iiiarrtd--,  have  themselves  to  lilame.  'I'liat  my  friends  and  eol- 
loaf^iies  ever  conseiiteil  to  sacriliee,  or  ahandoii  me.  tin-  thus  defeiiilin!^ 
them,  may  he  helieveil  at  tlii'  C'cdonial  olliee,  on  the  a--ei-tli)n  of  an  otli- 
cer  homiil  Ity  every  hoiioralde  oonsideralioii  to  tell  the  truth  ;  Iml  it  has 
been  flatly  ih.'iiied  li<'re,  and  will  not  Ix'  hedieved  hy  ten  men  who  know 
those  ;,fenilcnien  from  one  eiiil  of  the  Province  to  the  other.  Thi-;,  and 
other  misstatements,  may  have  made  an  impression  at  the  Colonial  ollict! 
for  the  inomeiit,  hut  I  have  no  fears  of  l'orft;itInj;  l.,ord  Sianley's  t^^ood 
opinion,  when  all  tlu'  facts  are  put  het()i'e  him,  and  hefore  I  am  many 
years  older,  he  shall,  if  (lod  s|)ares  my  life,  have  the  moans  of  judging 
fairly  between  Lord  Falkland  and  Joseph  Howe. 

Oil  ilic  121  h  of  Fcbrnary,  attontioii  was  turned  to  tlio  state 
of  the  Province,  and  of  the  adininistration,  by  I\Ir.  Uniacke, 
who  moved,  at  the  elos(*  of  an  el()(|ueiit  sjM'celi,  these  resolu- 
tions, whieh  were  seconded  l)y  Mr.  Huntington  :  — 

1.  lipsoh'cd,  That  in  the  o])inioii  of  this  House  it  was  impossible  for 
the  gentlemen  who  retired  from  the  Executive  Council  in  December, 
1813,  to  have  retained  their  [daces  without  forfeiting  the  confidence  of 
their  friends  in  the  Assembly,  and  of  a  largi;  and  influential  Ijody 
throughout  iIk;  country,  without  whose  support  they  could  have  given  no 
real  strength  to  the  government. 

2.  Jicsolvecl,  That  when,  on  the  21th  of  February,  those  gentlemen 
were  invited  to  resume  their  seats,  the  terms  offered,  and  the  stipulations 
demanded,  justified  the  rejection  of  the  proposal. 

3.  liesolci'd,  That  the  propositions  made  to  several  gentlemen,  to 
enter  the  Executive  Council  in  July  last,  were  quite  as  objectionable  as 
those  before  made,  and  therefore  their  rejection  was  equally  justified. 


m 


It 


I  ' 


I  H  '    !l 


!:      I 


t1Hi 


444 


MR.   UMACKFO'S   nESOLlITIONS. 


ff 


illlii 


i  i 


i» 


•1.  Iii'snfnif.  Tlidl  lln' coiiiimmicalinii  liy  His  Ivxcclltiicy  llic  Lieut- 
enant (iovt  riior  to  lliis  IldU'C,  ol'  lln'  cornsjiontlcnt'e  ami  tli-iiatcliUf*  re- 
lating,' to  llir  otlir  of  t'ortaiii  scats  in  tin'  lOxccMitivc  Coinicil,  a|»|)t'ars  at 
variancf  with  Mtiind  iitilicy.  inilcss  willi  tiic  assent  ol"  tin.'  parties  intcr- 
eslc(l  tliciTiii;  ami,  it'c>lal»li>li('il  as  a  |in'(Ti|t'iit,  will  tend  to  destroy  the 
conli<lemx'  in<li-))eii-al>le  to  any  I'uKiru  neyotiatiun  lor  the  t'ormaliun  of  u 
government  in  llii>  I'rovinee. 

5.  lii'snircil.  That  iIk!  >latemenl  in  the  fore^'oiii;;  dispatch  of  an 
ngn'cnicnl  hy  the  opposition  in  the  Ilon.-c  to  the  cxclnsion  ofiMr.  Howe 
from  the  Executive  Coiiiicil,  is  rounded  on  niisapprelicnsion  of  the  facts, 
although  that  gentleman  had  generously  ollered  to  waivi;  his  clain),  to 
liicilitate  a  ,>ati-l'actory  arrangenieiii,  providing  corresponding  eoncessiond 
were  made  on  the  part  of  tic  government  ;  and  the  impression  conveyed 
by  the  language  and  tenor  of  the  dispatch,  liotii  as  to  the  personal  inllu- 
cnce  of  Ml'.  Howe,  and  the  position  iuid  views  of  th(!  opposition  in  thi.s 
Provinc<',  temls  to  mislead  the  Colonial  Secretary  and  Her  Majesty's 
govermneiit. 

0.  Jiisolrvil,  That  the  principles  recognized  by  the  Imperial  authori- 
ties lor  the  constitutional  iidministration  of  the  government  of  liritisli 
North  America,  place  the  representative  of  a  sovereign  above  the  strife 
of  party,  and  contemplate,  on  his  part,  in  the  management  of  their  af- 
fairs, the  absence  of  all  personal  predilection  or  hostility  in  relation  to 
public  men;  and  this  House  eaimot  but  exi»ress  their  deep  regret  that 
His  Excellency  the  Lieutenant  Governor  should  have  been  advised  to 
pursue,  on  the  i»reseiit  occasion,  a  course  tending  to  embarrass  their  de- 
libcalions,  by  ipK'stions  purely  of  a  personal  nature,  arising  from  a  con- 
test avowedly  between  His  Kxcellency  and  a  popular  leader. 

7.  Ju'su/rcd,  That  this  House  (h.'sires  to  sec  the  Lieutenant  Governor 
surrounded  by  a  full  Council,  possessing  the  confidence  of  the  people 
and  of  each  other,  who  can  command  a  parliamentary  majority,  and  thus 
be  prepared  to  introduce  practical  measures  to  advance  the  general  in- 
terests of  the  country. 


« ii 


A  debate  followed,  which  extended  over  thirteen  days,  and 
was  one  of  the  most  extraordinary  that  we  ever  remember  to 
have  heard.  The  course  taken  by  Lord  Falkland  in  proscrib- 
ing Mr.  Howe,  mixing  up  his  name  with  negotiations  to  which 
he  was  not  a  party,  and  communicating  to  Parliament  a  dis- 
patch in  which  that  gentleman  was  stigmatized,  and  his  inilu- 
ence  entirely  misrepresented,  rendered  the  whole  discussion 


i> 


F]i:PI,Y   TO   Tin:    ATTOIINKY   CKNIIRAL. 


415 


I  :\ 


ihi'  liit'Ut- 
iiitcliL-H  ri;- 
jippfar-*  at 
•I'u'rt  iiitcr- 
Icstroy  the 
iiiiliull  ol'  u 

iitch  of  iin 
Mr.  Iluwe 

A'  tli<-  i'at'ts 
lis  chiiiu,  to 

0()ll('(!Ssioll3 

111  coiivcyc'd 
I'.sonal  inllu- 
lion  ill  this 
■r  Majesty's 

rial  autliori- 
it  of  British 
vc  the  strife 
^  of  their  af- 
11  reU\tion  to 
vt'grct  that 

advised  to 
ass  their  dc- 

rom  a  con- 

mt  Governor 
"  the  people 
■ity,  and  thus 
general  iu- 


days,  and 
■niember  to 
ill  proscrib- 
ns  to  which 

icnt  a  dis- 
id  his  influ- 
discussion 


personal  and  irrcinilar,  to  a  dr^Trc  which  has  rarely  bci'n  imi- 
tated sinci-  His  li(»r(l>hip  left  llie  Pr()vinee. 

Two  speeches  were  delivered  l)y  Mr.  Ilowe,  in  the  <-oiirse  of 
this  (lcl)ale.  Tlif  skill  and  ahility  displayed  in  them  will  not 
he  (ptei*tioni'(l.  Those  who  wonid  try  them  by  lh»'  severe 
standard  «)f  l'aii,disli  parliiimentiiry  speaking',  should  renieniher 
the  peculiar  circiimstaiiees  in  w  Inch  he  was  placed,  ;iiid  how 
completely  all  the  securities  and  ^mards  of  |)iil)lic  life  had  been 
broken  down.  The  Attorney  General  having',  in  a  speech  of 
three  hours,  defended  the  government  and  assailed  the  opposi- 
tion, Mr.  Ilowe  said:  — 

Mr.  C'liainnaii,  —  Al'trr  the  elaborate  and  extraordinary  spe(>c'Ii, 
dclivcri'il  ye-tcrday  Ity  the  Attorney  (Icneral,  llie  coinniittrc  will  expect 
from  nie  a  prompt  and  fall  reply;  and  I  ri>e  to  dischargi' that  duty, 
\vhieh  I  owe  lo  myself,  to  this  House,  and  to  ihe  eoinitiy.  Uefore  the 
members  can  deal  with  the  principles  embodied  in  the  I'esohitions  upon 
the  tal)le,  the  mass  of  pergonal  mattei-s  thrown  l)cfore  them  by  the  Lini- 
teiianl  (iovernor,  and  his  chief  adviser,  mn.^t  be  swept  out  of  the  way. 
In  addressing  myself  to  these,  in  the  first  place,  the  eoininittee  will  bear 
in  mind,  that  while  my  assailants  have  had  montlis  to  prepare  the  accu- 
sation, I  lijive  liail  but  a  single  night  to  arrange  the  defence. 

"When,  a  few  days  ago.  I  found  mys(df  denounced  ami  jtrosei'lbed,  in 
the  documents  sent  down  by  tli(.'  Lieiiieiiant  (Iovernor,  I  fell  like  u  trav- 
eller overtaken  by  a  storm  ;  ami  who,  with  the  thunder  roiling  above 
his  head,  the  lightning  iiashing  in  his  eye,  finding  the  earth  trembling  be- 
neath his  feet,  pauses  to  reflect  why  the  gods  should  Ix,'  angry  with  him. 
For  a  moment  he  is  staggered;  but,  looking  into  his  own  brea-t,  where 
all  is  peace  and  sunshine,  he  views  the  storm  with  indiHerence,  conscious 
that,  however  foul  the  vapors  that  surround  him,  the  rattling  of  the  (de- 
ments will  but  purify  the  air,  and  insure  health  and  safety  when  their 
fury  is  exhausted.  "When  the  Attorney  General  rose  here  }e<terday 
and,  with  all  the  malignity  of  a  personal  foe ;  all  the  practised  wiles  of 
an  experienced  advocate,  and  all  the  influence  of  the  government,  sought 
to  overwh(dm  me,  I  would  have  doubted  the  security  of  my  position,  Init 
that  I  remembered,  that  when  the  Jewish  lawyer  Tertullus,  wiili  the 
same  insidious  art,  and  the  same  pure  intentions,  accused  the  Apostle 
before  Felix,  Paul  put  him  to  shame,  by  a  simple  narrative,  remarkable 
only  for  its  truth ;  that  Othello,  when  accused  by  an  intemperate  and 
enraged  man,  before  the  Venetian  Senate  of  "  spells  and  mighty  magic," 
38 


'I 


i<f 


%■- 


I. 

>■• 


V        ' 


WlH 


i  Ji'i 


I'!! 


^Ip  '.I. 


ml 


l'"lir!,:i!i 


1; 


44G 


REPLY  TO   THE   ATTORNEY  GENERAL. 


told,  cvon  ill  that  aucrust  iircsmco,  lii-  own  '•  rdiiiid.  uiivarnislieil  laic," 
and  tiiriu'd  liis  accuser  out  oi"  coiirl.  It  is  (liiis  lliat  I  shall  endeavor, 
sir,  to  meet  and  to  discomfit  my  assailanls.  Tiiey  have  ail  the  ad- 
vantages which  preparation,  patrona^re,  and  authority,  gi\('  them.  I 
have  only  the  answer  of  a  good  conscience,  and  the  hnmhle  aliilities 
wherewith  Providence  has  endowed  me  —  Imt  I  conluh'ntly  rely  on  the 
goodness  of  my  cause,  and  on  the  iri'e-istihle  power  of  ti'ulli. 

Sir,  a  person  less  familial-  tlian  I  am  with  tli<;  past  history  of  this 
Province,  finding  himself  formally  denouni^ed  hy  the  Lieuten;uit  Gov- 
ernor, would  probably  sink  under  wliat  might  jqipear,  at  first,  the'  start- 
ling novelty  of  the  accu:-ation  ;  but,  relying  upon  tlu;  integrily  and  consis- 
tency of  my  past  conduct,  I  am  also  reminded  that  this  is  an  old  stale 
trick,  often  resorted  to  in  former  times,  by  men  o''  small  minds,  whose 
monopoly  of  j)owei' could  oidy  be  preserved,  liy  fomenting  personal  (juar- 
rels  between  their  (Queen's  representative  and  some  jirominent  indiviiliial, 
res[)ecte<l  by  the  Legislature,  and  confided  in  by  the  ])eo[)le.  Tliis  was 
the  favorite  game  of  a  small  party  in  Halifax,  when  Sir  John  Weiit- 
worth  was  brought  into  contact  with  "Slv.  Tongc  :  when  Mr.  llobie  Avas 
brought  into  collision  with  Lord  l)alhou<ie.  AVe  smile  a!  these  things 
now,  but  cannot  forget  them.  His  Lordship  sleeps  in  an  honored  grave 
in  his  native  country,  and  Mr.  liobi(.' has  long  presided  over  the  Legisla- 
tive Council ;  it  may  be  to  countenance,  if  he  cannot  approve,  of  the  same 
petty  j)olicy  which  he  had  to  encounter  in  early  life.  Again,  sir,  in  the 
time  of  Sir  Peregrine.  IMaillaml,  Mr.  Archibald,  the  present  ]Masti?r  of 
the  Rolls,  stood  in  the  way  of  certain  parties;  [icrsonal  slights  and  accu- 
sations became  again  the  onler  of  the  day,  and  that  gentleman,  then  and 
now  enjoying  the  highest  reputation  l()r  jirofessional  and  |)()Iitical  talents, 
had  to  make  two  voyages  to  England,  to  counterac-t  at  home  the  crimi- 
natory accusations  sent  from  this  country.  The  men,  sir,  who  have 
advised  Lord  Falkland  to  ]iro-;cribe  and  to  dr'nounci'  me,  are  the  same 
men,  who,  in  Sir  Colin  Camjibeirs  time,  sent  home  charges  of  republi- 
canism and  disatrcction  against  my  friend,  the  member  lor  Yarmouth 
(Mr.  Iluntinglon),  than  whom  there  is  not  in  this  Provinec  a  person  more 
generally  respected  by  the  people.  It  is  true,  that  none  of  these  per- 
sons were  connected  with  the  [ircss,  and  therelin'e,  there  may  have  been 
some  diiference  in  the  mode  of  proced'Tc;  but  the  spirit,  the  animus, 
was  the  same ;  and  my  countrymen,  turning  l)ack  to  the  past,  will  be 
more  disposed  to  laugh  this  stale  trick  off  the  stage,  than  to  despair  of 
the  fortunes  of  an  old  frie.id. 

The  feature  which  maiidy  distinguishes  the  policy  of  the  opposition  in 
Nova  Scotia,  froin  that  of  the  gentlemen  who  now  surround  His  Excel- 


. '  u 


IJEPLY   TO    THE    ATTORNEY    GENERAL. 


447 


It'll  tiilc," 
•luk'uvor, 

I  tin-  ad- 
tliciii.  I 
•  iibilitic:^ 
;ly  on  llie 

y  of  th'H 
iiiit  (!<iv- 
tht,'  slarl- 
111(1  coii-is- 

II  uM  stale 
1(1-,  whosi} 
(Uial  ((uaf- 
iiulivitliKil, 

Thi-i  was 
iliu   "NVcnt- 
llobic.  was 
cse  tilings 
ort'(l  grave 
lie  Lcgislii- 
jf  tlio  same 
,  sir,  in  the 
]Mastov  of 
?  and  accu- 
11.  iIk'u  anil 
ii-al  talents, 
lli(>  i-rinii- 
wlii)  liavo 
c  till'  same 
of  rt'iuibli- 
Yai-moutli 
>rson  more 
those  per- 
liave  been 
le  animus, 
ast,  will  be 
B)  despair  of 

ipositiou  in 
Llis  Exccl- 


lonry,  is  this  :  wo  hold  tliat  the  (>ii('('ii'-!  r.'prosciitativo,  nvpon-ililo  to 
flic  Colonial  Si'i'i'i'tary  i'or  the  due  niainti'iiain'c  of"  the  prfrogativc.  for 
our  ohc(hcn<'i'  to  rinpcrial  law-,  and  for  the  good  government  of  thf> 
coimtrv,  should  vet  lie  held  <o  i'-.w  ahovr  the  <irit'e  and  coiifiiet  of  iiiirtv. 
as  to  serk  only  the  general  good.  r("j;ai'dless  of  likes  and  dislikes,  of  ])(■!•- 
sonal  eiiniiti.'s  or   pi-cdilcciion-.     Tliu-  hoIdiiiL''  a  high  |iosition.  with   the 


bal 


inec  ol   parties  in  In-  liand.  a  jii-l  ami  wi-e  (  xivernor  would  lie  pow- 


erful for  all  good  ]iurp 


U'l  would  tin  1  \o\a  Scotians  but   too  happy 


to  rallv  round  and  to  aid  him.  when  apiicaleij  to,  a'_^■lin-t  faction-  on  eillier 


>ide.     Our    oppoiient- 


on 


the    other    hand,   el 


largiiig    upon    ih   an    ox- 


rnor  can    do  no 


aggoratcd  applii-'di.ni  of  the  principle  that  the  (Jov( 
wrong,  wdiii'h  we  di-ny.  are  n^vcr  -o  happy  a^  when  they  can  |)rovc  him 
capable  of  wrong  doing,  by  involving  him  in  per-oual  cond'icts  wiili  which 
he  has  nothing  to  do,  and  driving  him  into  tin;  meshes  of  their  own 
party,  by  a  course  of  insult,  or  |iro-ci-iptiuii  of  those  who,  by  no  constitu- 
tional wea|)on,  could  they  overpower. 

Till-  distinction  was  iicvit  more  hajipily  or  uidia[)pily  illustrated,  than 
by  the  question  raised  in  the-e  di-palche-.  and  by  the  style  of  oratory  by 
which  we  were  ye-terday  entertain(jd.  When  I  look  at  ihe  nalun;  of 
the  charges  exhibited,  and  at  the  mass  of  rnlihish  through  wliiidi  T  am  com- 
pelled to  wade,  in  order  to  meet  them,  I  cannot  but  forget  for  the  moment 
all  sense  of  injmy.  and  himeiit  that  my  Sovereign's  representative  liafl 
been  liromiht 


Here 


belltrc  the  a-scinbled  I'arliament,  t<»  accu-e  an  indi- 
vidual of  writing  in  the  new-papers,  and  to  peril  his  public  character  on 
the  point  of  a  pasipiinade.  or  the  severity  of  a  lampoon.  Sir.  though 
this  may  be  an  old  Colonial  rus(>,  I  search  in  vain  for  any  parallel  in 
the  histoiy  of  the  mother  country.  When  1  turn  from  the  sorry  spec- 
tacle Avhicli  the  representative  of  my  sovereign  is  made  to  exhibit  in  this 
arena,  with  his  Attorney  Ccneral.  insteail  of  bringing  ns  a  good  meas- 
ure, coming  down  with  an  indictment  against  a  joke  ;  to  tlw^  position 
which  he  occupied,  when,  only  fifteen  months  ago,  th('  hmnble  individual 
xssailcd,  shared  ]u<  coalldence   and  stood  by  liis  side,  I  cannot  but 

er-.  Then  he  was  the  honored  Governor 
of  all  Nova  Scotia;  oppo-itioii.  if  strong  enough  for  watchfulness,  was 
[lowerlcss  to  obstruct  ;  and  no  man,  m-  body  of  men.  trammelled  his  free- 
dom of  action,  or  could  extract  the  hiimiliatiii'ir  confession   that  he  could 


now 

mourn  over  the  fidly  of  his  ad\  i- 


not  liU  up  his  Council, 


or  cai 


ry  oul  tliv'  |iidicy  to  which   he  was  pledged. 


Who  then  heard  of  pnlilic  olllccs  Ict'l  vacant  lor  manv  months  ;  two  ses- 
sions passed  without  a  >iimle  niea-iire  :  si'ats  in  Council  goiii'jr  bcLfiing 
for  a  year;  propositions  to  go  back  to  the  old  Council  of  twelve,  to  liny  up 
the  leaders  of  the  oppo-itioii.  and  grave  dis|iiitches  and  s[ieeclies  fliundeil 


J: 


M 


i',  I 


!V 


•  bi 


i>' 


I  ,. 


448 


r.EPLY  TO  THE   ATTORNEY   GENERAL. 


ll', 


'  'i: 


i'"'t 


I 


1  hi 


upon  a  pa'^miinadc  ?  Sir,  uImmi  T  look  back  upon  tlie  pas(,  ami  adilross 
mysciflo  tlic  laliors  of  this  day,  in  sclf-dcrcncc,  T  would  irladly  blot  out 
this  disfri'acct'ul  paujc  from  our  Provincial  history. 

I  cituffss  I  know  not  how  to  meet  this  siuuridar  attack  with  becoming 
gravity.  Jlornc  Tooko  commences  one  of  his  letters  with  "Tragedy, 
Comedy,  and  Farce;  Wilkes,  Ft)ote,  and  Junius,  all  on  one  poor  parson, 
are  tearful  odds."  And  surely  I  may  say,  a  (lovernor,  an  Attorney 
Gcnei'al.  and  all  their  adherents,  upon  one  poor  printei-,  are  fearful  odds; 
but  as  Tooke  was  a  match  for  his  foes,  I  hope  I  will  I)o  al)l(.'  to  give  a 
good  account  of  mine.  I  trust  I  shall  be  able  to  show  that  J  bore  with 
exemplary  jialience  much  undeserved  provocation  ;  that  while  I  was  for 
months  only  intent  on  serving  ami  extricating  Lord  Falkland  from  his 
emb'irra-sments.  a  very  ditlei'cnl  spirit  was  active  on  the.  oth<'r  side ; 
and  that  when,  for  the  defence  of  my  principles,  and  my  friends,  I  took 
up  ray  ]ten  on  the  Oth  of  IN  lay,  it  was  not  till  the  ollicers  of  his  govern- 
ment, and  his  intimate  associates,  had  showered  lampoons  ami  libels  on 
me  for  more  than  lom*  months.  If  I  can  prove  all  this  ;  nay  more,  if  I 
can  prove  that  each  several  passag(;  of  which  Lord  Falkland  complains, 
subse(pient  io  the  Oth  of  INLiy,  was  called  lurlh  by  some  gross  .--lauder,  or 
irritating  sipiib,  publi>lied  at  the  time  in  a  ])aper  owned  ami  edited  by 
the  Queen's  printer,  then,  whatever  may  be  the  judgment  of  this  Assem- 
bly, where  jjower  and  ))atronagc  may  secure  a  small  majority,  I  know 
what  mu<l  I'c  the  ultimate  decision  of  my  countrymen,  and  of  Her  Maj- 
esty's govermnent. 

After  serving  Lord  Falkland  faithfully  for  three  years  and  a  half, 
during  all  which  time  his  admini>tralion  was  successful,  and  supported 
by  powerful  majorities  in  this  House,  my  friends  ami  myself  retired  sim- 
ply bceaiHe  we  could  not  defend  what  we  ludieved  to  be  an  impolitic, 
and  knew  would  be  an  uni)0)»ular,  appointment  tothe  ExecutiveCouncil. 
We  hail  no  theoretical  disputes  about  general  principles;  no  personal 
complaint  to  charge  u[)on  His  l^oi'dsiiip.  We  parted  as  gentlemen 
should  part.  We,  disposed  to  remember  only  what  had  been  pleasant  in 
our  intercourse;  an<l  His  Lordship  as.-uriiig  us  "  that  he  would  take  care 
that  our  motives  were  not  misrepi'cseiui'd."  This  was  in  December. 
Hardly  had  we  retirc<l,  when  His  LoriNhij)  a'ldrcsseil  u  letter  to  us.  and 
pnbji>lied  it  in  the  newspapers,  in  which  he  miM'c  ihan  insinuated  that 
we,  who  had  served  him  faithfully,  retired  courteously,  on  a  single  fact. 
had  forced  party  government  on  him,  when  W(  lia<l  all  cou>enti'd  to  re- 
main in  a  coalition;  and  had  attempted  to  wrest  the  prei'ogativc  out  of 
his  hands,  when  we  had  ever  admitted  ami  del'ended  iis  liini  and  inde- 
pendent exercis<'.     ^'othing  could  be  nioi-e  tuijust  than  tlio-e  two  imj)lieil 


REPLY  TO   THE   ATTORNEY   GENERAL. 


449 


I  !\tl(ln>s> 
,•  l)l()t  out 

Itccomiiig 

or  pursoii. 

Attorney 
irt'iil  ciiUl> ; 

to  j^ivc  a 

born  with 
■  I  WHS  i'oi' 
il  from  h\> 
)tli(!r  side  : 
lids,  I  look 
lis  <^ovcrn- 
d  libels  on 

more,  if  I 

eoinplains. 

sUuider,  or 
d  edited  by 

his  Assem- 
ity,  I  know 
r'ller  INIaj- 

aiifl  il  half, 

upported 

etired  sim- 

n  imi>olitic, 

ve  Council. 

u)  personal 

Lrcntleiueii 
ple,i-:uit  in 
I  take  care 

1  )ceeniber. 
r  to  us.  and 
iiiiatcd  that 

-iiejle  I'aet. 
■iitcd  to  re- 
iti\f  out  ol' 
111  ati<l  inde- 
iwo  implied 


accusations;  nolhinj?  could  have  been  more  impolitic  than  their  publica- 
tion. His  Lord-hip  himself  thus  sounded  the  key  note  of  delaination, 
an<l  otiiers  were  not  slow  to  swell  tin'  strain.  Kveiy  old  Tory  merchant 
or  ollicial,  with  one  fool  in  tin;  trrav*',  wa-,  suddenly  pdvani/cd  l»y  tiiis 
shock  from  the  FiXecutivehatlery  ;  every  aspirant  to  ollice,  whoso  cltiims 
.ijust  government  might  have  overlook<'d,  nibbed  his  pen,  and  dashed 
into  the  press ;  and  His  Lord-hip's  own  ]iersonal  attendants  and  depen- 
dents were  the  fu'st  to  aim  tleadly  l)lows  at  the  characters  of  men,  as 
loyal,  and  as  observant  of  the  just  boundaries  of  {hi>  Constitution,  as  any 
scion  of  his  line. 

I  defy  the  Attorney  Tlcneral  In  put  hi-  hand  upon  an  article,  written 
liy  ine  again-l  J>oi'il  Falkland,  earlier  than  the  Olli  ol'  May.  Ihit  who 
gave  ample  provocation  fmir  inonths  Ix'fore?  As  early  as  lln.'  2>^lli  of 
Decembei-,  a  per-oii  who  hail  long  been  a  sort  of  upper  servant  about 
government  house,  commenced  the  war  in  a  Xew  York  paper,  under  the, 
signature  of"  Scrutator."  This  per-on,  well  known  as  a  friend  and  confi- 
dant ol'  till'  (ioNcriior,  has  olieii  given  the  peojile  of  New  York  the  licn- 
efit  of  State  secret-  that  oiiglit  to  have  been  known  only  to  the  (iovernor 
and  his  sworn  Councillor-,  bcibre-  ihey  were  revealed  in  the  Province 
whii'h  ihey  most  concerned.  Let  us  take  up  the  December  letter,  evi- 
dently written  for  circulaliou  in  Canada,  that  il  might  meet  the  Gov- 
ernor-C.iencrars  eye,  and  filled  with  misrepresentation  of  our  conduct  and 
positions.     As  a  specimen  of  the  hi,-lorical   accuracy  of  this  household 


^crihl 


)K'r,  let  me 


taki 


)ne  or  two  passage^ 


On   the  arrival  of   Lord 


Falkland  Ik'  says,  "Xegolialiou-  wen;  iipcned  with  iNIr.  Howe,  and  other 
leading  reformers,  and  with  the  heads  of  the  conservative  parly  ;  and  at 
length,  ]iy  th(>  exercise  of  conimendalile  l'orliearanc(>,  and  by  mutual  con- 
cessions, a  Trovincial   administration  was   formed  of  liu'   leadiniji;  irentle- 


men  o 


f  hot  I 


partii 


111 


)out  equal  number: 


The  drift  of  all  this  is  to 


show  that  great  skill  was  displayed  by  His  Lordship,  in  forming  the 
Council  which  carried  him  through  from  ISl'i  to  isb'!,  when  it  wa.s 
formed  for  him  liy  Lord  Sydenham  ;  and,  as  far  as  I  was  concerned,  he 
brought  out  the  fjueen's  command  in  his  pocket  to  place  me  in  the 
Council.  So  far  fi'oni  the  niimbeivs  lieiiig  alioiit  equal,  "  Scrutatoi-"  su[)- 
presses  the  fiict,  that  the  liberals,  though  tbrming  a  majority  in  the  House, 
never  had  more  than  three  seats  in  Council  out  of  ten,  from  tiie  time 
they  entered,  till  they  were  driven  forth  by  a  reckless  attempt  to  increase 
and  per[)etuate  the  disproportion.  Again,  the  (Governor's  physician, 
wishing  to  throw  the  l)lame  of  all  the  differences  between  members  of 
Council  upon  me,  attributes  to  me  a  series  of  letters,  under  tin'  signature 
of  "  A  Constitutionalist,"  and  states  that,  in  one  of  lliese,  a  i-eference 
as* 


•, 


r 

!    ' 


« 


(ii- 


/; 


S[ 


iiiiii 


m 


!    /:;i 


450 


RKPLY   TO    TIIK    ATTOIiNEY   GENEIIAL. 


was  iii;i(1(^  to  till'  (Icltt  <lii('t'i»i-  iiiil)lisliiiig  The  ('liri.-tiiiii  iNff.'^rn.tifr,  wliicli 
was  the  ori'.'iii  oi'  nil  tlic  tioiihli's,  Tlicrt'  is  imt  one  woi'il  of  truth  in 
this;  no  siicli  nli'i-i'Mcf  occurs  in  those  h'ttcrs  ;  and  \vh!it('\('r  a|)[>earsin 
them.  Lord  Falkland  and  his  aircuts  should  he  the  lust  to  coniplain.  But 
I  turn  now  to  a  ])a~sa.t,'c  so  incunly  false,  yet  >o  dd'ainatorv.  tiiat,  coming 
from  siicli  a  ijiiarter,  it  would,  undi'r  iill  the  circumstances,  have  justified 
prompt  and  iins|)aring  i-ctaliation.  Aftci-  rdVa-ring  to  liic  sale  of  The 
Nova  Scoiian  hy  nic,  .and  to  the  pccamiary  interest  which  1  still  had  in 
th(!  estahlishment,  "Scrutator"  savs  :  — 

'*  It  !i|i{ic;u-s  that  The  Nova  Scotian  lo-t  mucli  hy  this  change,  and  its 
charactci-  and  circulation  fell  off  when  the  puldic  missed  the  clever  arti- 
cles which  were  wont  to  till  its  columns.  I'uder  tlie~e  circiunstanccs  the 
ri-ilcniiil  editor  lieihonght  him  —  I  think  in  an  evil  hour  —  of  trying  to 
restore  its  prosperity,  and  to  hit  hard  his  political  enemies  at  the  same 
time,  hy  infusing  some  of  the  former  spirit  and  })ungency  into  the  pages 
of  the  Journal ;  and,  sooth  to  say,  no  measui-ed  portion  ol'  hitterness  also. 
This  was  (lone  liy  the  in>ertion  of  a  series  of  letters,  under  the  signature 
of  '  A  Constilutionalist,'  which,  although  nev(>r  acknowledged  hy  Mr. 
Howe,  lel't  no  doulit  of  their  authorship  in  the  minds  of  those  aciiuainteil 
with  his  style." 

The  committee  will  observe  that  here  is  the  (lovernor's  peculiar 
scribe  —  his  coididant,  —  the  msm  who.  in  .Time,  senils  to  New  York  rev- 
elations of  State  ]i(dicy,  only  given  to  i  July  —  charging  upon  me.  the 
authorship  of  tho-<!  letters;  attributing  their  [)reparation  to  mean,  merce- 
nary inotivi-;  and  to  me  the  crime  of  having  destroyed  a  government  in 
an  attempt  to  renovate  a  declining  newspaper.  Sir.  I  l)ore  this  foul  and 
most  ungrateful  accusation  for  months,  before  T  wrote  one  line  in  retali- 
ation. 1  have  borne  it  twelve  months,  while  Lord  Falklaml  and  his  agents 
have  been  defaming  me  hei-e  and  in  England.  1  mu-t  now,  however, 
avail  niy-elf  ot'  the  usual  Parliamentary  permission,  and  show  to  the 
House  what  was  the  real  origin  of  *' A  Constitutionalist's  Letters." 
"Whether  I  did  o/  did  not  write  them,  is  Ijeside  the  (piestion.  When 
'•  Scrutator"  and  his  friends  throw  aside  their  disguises,  it  will  be  time 
enough  to  confi'ss  my  sins,  liut  what  Avas  the  origin  of  those  letters? 
From  IS  10,  when  Lord  Falkland  arrived  in  this  coinitry,  to  the  summer 
of  lSt2,  the  exclusively  loyal  people,  who  are  now  his  very  particular 
friends,  had  attiicked  himself,  his  family,  and  his  administration.  His 
lady  was  coarsely  assailed;  he  was  accused  of  sending  his  servants  to  a 
concert  to  insult  the  society  of  Halifax ;  and  his  secretary  was  taunted 
with  robbing  a  jiawnbroker's  shop  to  replenish  his  wardrobe.  I  regret 
that  I  have  not  the  tvorst  of  these  papers  at  hand.     An  extra(;t  or  two 


REPLY  TO  THE  ATTORNEY  GENERAL. 


451 


I  ruth  in 
|)l»(.'in'.>  ill 
iiiii.  15ut 
t,  coming 
I  justitii-'d 
."of  The 
ill  had  in 


L',  and  its 
lever  arti- 
tanccs  the 

■  trying  to 
the  same 
the  pages 

rne^s  also. 

>  signature 

.(I  l>y  Mr. 

iKMiuainted 

's  peculiar 

■  York  rev- 
ion  me  the 

!ui,  mcrce- 
ernment  in 
foul  and 
in  retali- 
1  his  agents 
V,  however, 
how  to  the 
rs  Letters." 
(111.     AVhen 
,111  he  time 
ose  letters  ? 
he  summer 
■  parlieular 
ition.     His 
■rvants  to  a 
iv;is  taunted 
I  regret 
ua(.'t  or  two 


will  serve  as  specimens  of  the  whole.  Lord  Falkland  i>  de?oril)cd  "as 
a  AVhig  deputy  of  Lord  John  Rus>ell,  whom  a  coiiscrvulivi.'  Colonial 
miiiirter  is  most  unaceountahly  permitting  to  endanger  the  very  exist- 
ence of  the  affection  of  the  conservatives  of  Nova  Seotisi  to  the  gov- 
ernment of  the  (^ueen."  "The  most  res[>r2tahle  portion  of  the  society 
of  this  Colony  are  require(l  Iiy  u  AVliig  Governor  to  siihmit  to  every 
S])ecies  of  annoyance  and  degradation."  •'  Surely.  Sir  Kohert  Peid  and 
Lord  Stanley  cannot  think  it  wise  to  allow  a  AV'liig  Govi'riior  U>  destroy 
the  peace,  and  ultimately  stifle  the  loyalty  of  this  one.'  happy  Colony." 
This  was  written  hy  the  no-party  men,  of  a  coalition,  in  vhich  the 
llherals  had  luit  a  fiiint  representation.  His  Lordsliip  is  styled  "'a 
Whig  taskmaster,"  and  those  who  hoast  of  the  addresses  he  received 
last  Mimmer,  will  find  great  comfort  in  the  fullowing  passage :  '"  As 
to  the  addresses  to  Lord  Falkland,  tliey  niiist  he  viewed  as  a  mere 
matter  of  moonshine,  since  there  are  hmaties  and  responsibles  enough  in 
every  village  to  get  up  an  address  to  Old  Scratch  himself."  A  corres- 
pondent in  tlie  same  paper  says:  "Such  conduct  on  iIk^  part  of  Her 
jNIajesty's  rei)resentative  has  cease'  to  excite  surprise  here,  as  it  is  ([uite 
notorious  that  His  Lordslii[)  has  u^jt'  -mined  to  blot  the  sword  of  truth 
and  the  scales  of  ju.-tice  from  the  escutcheon  of  his  government,  and  to 
be  guided  solely  by  party  feeling  and  prejudice."  Thus  wrote  the  party 
now  in  power,  of  the  nuui  they  are  sustaining  in  a  vain  attempt  to  crush 
an  enemy  for  a  [)olitical  lam[)(jon.  This  wa;^  the  style  of  remonstrance 
against  an  admlinstration,  that,  sustained  by  a  liberal  majority,  luul  but 
three  liberals  in  the  Council.  But,  hear  what  was  said  of  the  Count  dc 
Ijarruel,  the  Governor's  secretaiy,  a  gentleman  of  classical  attainments, 
polished  manners,  and  guarded  cireum.  pection  :  — 

"  I  have  s<ni\\  the   Count  since  his  return  from  his  tour  to  the  West. 
You  would  not  know  him  if  he  goes  your  way  by  my  former  descrij)tion  of 
his  habiliments.    His  late  visit  to  the  clothes  slio[)  has  changed  his  outward 
man  altogether  entirely,  as  Pat  says;  but  you  will  still  recognize  him 
by  the  swagger  which  I  endeavored  to  describe  on  a  former  occasion," 

All  these  passages  are  from  a  single  paper.  I  could  pile  u[)  as  many, 
breathing  tlie  same  spirit,  and  evincing  the  same  delicacy,  as  would 
weigh  down  a  fifty-six.  Thus  it  was  that  the  loyal  men,  who  ai'(.'  my 
denouncers,  spoke  of  a  nobleman  around  whose  brow  the  royal  halo  was 
as  plainly  di.-tingulshed  in  LS12  as  it  is  In  184'),  So  fierce  and  inces- 
sant had  been  this  storm  of  invective  for  twenty  months  prior  to  I  ho 
pre[)aratIon  of  the  "  Constitutionalist's  Letters,"  that  the  e(Hi-erva'Ives 
boasted  that  the  government  was  written  down;  and  Lord  Falkland 
deemed  it  proper  to  call  the  attention  of  the  Council  to  the  state  of  the 


,    I    I 


li,   n 


>\ 


^^' 


^.  ;il 


JiJ 


mm 


111 


m 

Mm 


''ifi?H- 


I 


452 


REPLY  TO  TOE   ATTORNEY  GENERAL. 


oppo^iition  pres:J,  aii'l  to  iir;?e  that  soino  of  tlio  mfimbors  should  enter  the 
arena,  and  tlcrcnd  liiiu  and  themselves.  On  one  or  two  oeeasions  he 
called  U[ioii  the  hoiKirahle  and  learned  Speaker,  then  the  youngest  mem- 
ber of  the  Council,  to  take  up  his  pen  and  defend  the  government.  The 
Speaker,  I  helieve,  deelined ;  hut  out  of  the  feeling  displayed  by  the 
Lieutenant  (lovernor  aroM^  the  letters  of  "A  Constitutionalist,"  which 
were  writt  ji.  not  ibr  the  mcreenary  and  mean  motive  attributed,  but  to 
abate  the  nui-M!ie(,'  of  Avliieh  His  Lordship  complained.  IIow  must  I 
have  felt,  then,  shortly  after  the  retirements  from  the  Council,  to  (ind 
myself  openly  charged  with  the  composition  of  those  letters,  by  a  hanger- 
on  about  government  house,  and  mean,  mercenary  motives  attributed  to 
the  writer  ?  Sir,  if  feelings  have  been  aroused,  and  arrows  pointed, 
those  from  the  government  quiver,  sent,  with  deadly  aim,  were  lirst  dis- 
charged. '•Scrutator,"  in  this  vei-y  letter,  attributes  all  the  difliculties  to 
my  ''ambition."  I  "  could  bear  no  rival  near  the  throne,"  yet  I  went 
to  the  aitl  of  the  throne  under  most  trying  circumstances,  and  faithfully 
discharged  my  duty  until  driven  forth  by  manifest  injustice.  One  truth 
"Scrutator"  tells:  "Between  the  families  of  the  Councillors  and  His 
Lord-hip's,  a  cordial  friendship  had  subsisted,"  but  Ik;  ibrgets  to  tell 
bow  that  was  severed  by  rudeness,  which  no  gentlemen  can  defend. 

The  Attorney  General  complained  the  other  day  that  the  Halifax 
newspapers  commented  on  tl.  negotiations  of  July.  Why  should  they 
not,  when  the  Avhole  policy  of  the  government  was  disclosed  by  Lord 
Falkland's  friend  on  the  21th  of  June?  Hut,  sir,  I  have  wasted  time 
enough  with  this  scribbler,  having  yhown  that  he  commenced  the  war 
with  violating  conlidenee,  telling  gross  falsehoods,  preferring  mean 
chai'ges,  and  misrepresenting  my  pul»lie  conduct.  They  began  the  sys- 
tem of  which  the}'  now  complain  — one  which,  if  serious  notice,  is  to  be 
taken  in  grave  dispatches,  will  ultimately  result  in  trying  a  government, 
not  by  a  good  measure,  Init  by  a  good  article  —  not  by  the  wisdom  of 
its  ai»pointments,  bu;  by  the  i)ungency  of  a  jest.  As  ''Scrutator"  some- 
times says  a  good  word  of  me,  I  will  not  dismiss  him  without  bearing 
testimony  to  his  merits.  Li  an  ancient  city,  where  a  funeral  oration  was 
regarded  as  a  decent  ceremony  on  the  burial  of  the  dead,  a  body  lay  for 
a  while  above  ground,  because  nobody  couLl  remember  any  good  of  the 
decease<l.  At  la<t  the  barber  was  got  to  bear  testimony  '■  that  he  had  a 
very  ea.-;y  beard  to  shave."  Of  "  Scrutator"  I  may  say,  that  I  i)elieve, 
whatever  his  demerits  may  be,  he  i  a  very  good  lish(,'rnian  ;  Itut  I  have 
one  piece  of  advice  to  temper  the  praise,  —  let  him  hereafter  attend  to 
bis  profes.-ional  duties,  and  not  be  so  fond  of  fishing  in  troubled  waters. 

In  passing  along,  1  may  notice   that,  although   it  is   now  said  that  I 


REPLY  TO   THE   ATTORNEY  GENERAL. 


453 


staml  in  tlic  wtiy  of  a  lair  :i(l)u>(moiit,  in  The  Christian  I\rt>«scnj];or,  the 
Attorney  Gencriil'.N  or^^aii,  il  was  proclaimed,  jnst  alter  the  ntirenieiil.-:, 
''that  the  breach  \v;is  irre])aralile."  It  was  not  .-o  then  ;  il  is  ,-o  now, 
l)iit  those  who  thns  prophecied,  have  done  their  best  to  verily  the  preilic- 
tion. 

I  have  said  that  Lord  Falkland's  own  letter,  insinnaling  that  W(^  had 
attcni]>ted  to  l()ree  parly  government,  and  wre.-t  the  prerogative  I'roiii 
him,  was  a  breach  of  his  own  pledge  to  ns  when  we  retired  —  that  it 
sonndeil  tlu;  key-nole  of  di.'famation.  I  iiave  shown  how  instantaneoM>ly 
one  of  his  snile  l()llowe(l  np  that  authoritative  a.-sanlt  upon  our  charac- 
ters, by  gross  perver:-ions  of  fad,  and  the  ascription  of  unwtu'thy  mo- 
tives;  that  the  Attorney  (general's  organ  .lid  the  same.  Yon  will  bear 
in  mind  that  all  this  took  place  in  December  and  January,  '•  the  retalia- 
tion," of  which,  I  am  accused,  not  having  commenced  till  the  following 
May.  I  have  referred  to  the  ell'ect  which  Lord  Falkland's  insinuation;* 
had  upon  our  enemies  in  the  capital.  Every  man  whose  path  I  had 
crossed  in  a  life  of  publie  labor;  every  man  who  envied  the  talents  and 
independence  of  my  learned  friend  from  Ca[)e  Breton,  or  felt  rebuked 
by  the  unobtrusive;  virtues  of  my  honorable  frien<l  for  Halifax,  caught 
up  the  cry  thus  raised  at  government  hou-;<%  and  saw,  with  true  Tory  in- 
stinct, that  His  Lordship  had  furnished  excellent  materials  i'or  a  row. 
We  all  know  what  followed.  'I'hey  dared  not  call  a  puldic  meeting,  but 
they  got  up  a  private  one  at  the  hotel,  and  a  jolly  time  they  had  of  it, 
glorifying  each  other,  and  passing  addresses  and  resolutions.  At  this 
meeting  appeared  almost  all  the  old  enemies  of  the  new  system  of 
Colonial  govermnent ;  all  those  who  had  secretly  and  oi)enly  opposed 
Lord  Falkland's  administration  while  there  was  a  single  lil)eral  in  it ; 
^vho  hated  the  coalition,  because  it  was  not  a  ''paity  goveriuuenl," 
a!ul  who  raised  the  cry  of  no-party,  liiat  their  own  might  once 
more  monopolize  power.  For  what  pur[)ose  these  people  met,  or 
what  set  them  on,  we  need  not  .-top  to  inrpiire.  Li  their  address, 
they  refer  to  the  "firmness  and  delermiiiation  displayed  by  the  (Jov- 
ernor  (jreneral,  in  maintaining  tht^  royal  prerogative  i'rom  recent  at- 
tacks made  on  it  i)y  a  party  in  tiie  Canadas,  whose  objt.'cts  a|)- 
pear  calculated  to  produce  present  evil,  ami  the   uhimate  dismember- 


ment of  that  valuable  portion  of  the   em[iire 


W 


e  liave  Ion"!, 


•'^y 


they,  '•watched  with  deep  anxiety,  the  movement.-,  of  a  party,  who.  imder 
the  specious  pretext  of  increasing  the  privileges  of  the  people,  have  en- 
deavored to  undermine  the  royal  authority."  They  con)|)Iiment  the 
Lieutenant  Governor  on  his  determiuiilion  lo  -preserve  Her  3Lijesty's 
subjects  from  the  evils  of  a  "party  govermuent,'  and  hoin-  the  day  will 


wm 


ir 


1 

"1  :| 

1 

*i 

'»' 


i}  ■ 


I 


I ' 


mm ' 


V    1:  .  ■  ,' 

ik 


H 


j!j'  ' 


;■■-;! ) 


!»! 


M 


454 


REPLY  TO  Till';  ATTORNEY  ORNKRAL. 


be  distant,  wlicii  they  will  sec  tin  prerogatives  of  tlic  rrowii  iisiirpcfl  by 
tlf'!iigriiiig  inrn."  IL.tc  •Wfi-c  l.onl  Falkhiml's  own  iii>iiiiiati(His,  caught 
lip  and  cnilindicd  in  grave  addresses,  e(iii[)!ed  willi  a  bold  a-persiou  of 
our  loyally,  >!gned  by  members  of  bis  lOxeeulive  Coimeil,  ami  ^ent  for- 
ward with  great  eomplaoeney  in  Jaiinary ;  yet  these  very  men  now 
profess  to  be  horrified,  because  in  IMay,  I  tuok  up  niv  jxii  to  guard 
reputations  thus  wantonly  assailcMl.  Why,  sir,  Iiad  I  owecl  notliing  to  my- 
self, to  my  cliiidren,  I  should  have  been  indeed  a  craven,  to  have  permitted 
snob  calumnies  to  attach  to  my  honorable  friend,  Mr.  Me \ab,  —  than 
Avhoni  the  realm  of  England  does  not  contain  a  man  more  devotedly 
attached  to  liritish  institutions;  or  to  my  friend  IMr.  Uniacke,  whose  ten 
years'  services  to  his  sovereign,  as  a  steady  suppoi'ter  of  her  govermnent 
in  this  Assembly,  surely  merited  from  her  repn'sentative  a  different 
return.  8ii',  when  I  look  back  at  the  wise  sayings  of  the  s-iges  wdio 
met  at  the  hotel,  and  contrast  them  with  the  acts  of  the  administration, 
I  cannot  but  snule  :  they  denounced  "  a  party  government,"  but  have  had 
one  ever  since.  They  Avere  so  careful  of  the  prerogatives  of  the  crown  ! 
yet  have  brought  their  sovereign's  representative  before  Parliament 
and  the  country,  whining  over  a  lampoon,  and  making  war  upon  a  joke. 

Let  me  now  direct  the  attention  of  the  committee  to  anotiier  foul 
stream  of  dei'amation,  turned  by  the  government  upon  the  heads  of  the 
cx-couneillors,  months  before  one  of  those  articles  was  written,  for  which 
I  am  to  be  proscribed.  On  the  ord  of  February,  the  [lerson  who  a  few 
months  after  was  rewarded  by  Lord  Falkland  with  the  office  of  (Jueen's 
Printer,  and  avIio  has  for  twelve  months  slandered  and  defamed  the 
liberals,  published  an  article,  the  object  of  which  was  to  propagate;  the 
belief  that  there  was  an  extensive  consjjiracy  orgiuiized  in  British 
America.     I  will  trouble  the  committee  with  a  single  extract:  — 

"As  a  sincere  friend  of  the  people,  —  a  friend  of  practical  things,  —  I 
would  enquire  wdiat  is  the  use  of  transmitting  reb(dlious  intbrmation  to 
peaceable  citizens?  or  of  keeping  a  jiolitical  party  in  the  Council  de- 
nounced by  th(!  Governors;  denounced  in  popular  meetings  of  lo^'al 
subjects  ;  deiiouueid  l)y  that  portion  of  faithful  writers,  a  party  of  rebels 
against  tli(>  pr('rogative  of  the  crown?  There  are,  doubtless,  a  number 
of  rebel  scribl)lers  in  these  Provinces,  working  subtly  hand-in-hand, 
with  a  jdiahmx  of  republican  loafers  in  the  States,  in  order  to  prejiare 
the  separation  of  these  Pi'ovinces  from  the  mother  country.  Lafbntaine, 
and  his  partners  in  rebellion  here  and  there,  are  undoubtedly  men  with- 
out honor  or  shame,  who  are  trying  to  fl.-h  in  muddy  waters  public 
situations,  and  sinecures  for  themselves,  their  relatives,  friends,  and  .o 
forth;  f(jr  in  tlie  midst  of  seditious  movements,  the  worst  of  mortals  can 


REPLY   TO    TIIK    ATTOHNKV    OF.NEIIAT 


'155 


« 


\r\H'i\  by 
>,  ciui^^ht 
c'l'sion  of 
.-(•lit  for- 
mcn  now 

to    <^UiU'(\ 

iijj;ti)iny- 
pcrinitted 
1,,  —  iliiin 
devotedly 
wlio-e  ten 
ncrnmont 
t  difFerent 
-agos  who 
inistration, 
t  have  had 
ho  crown ! 
^luTiament 
on  a  joke, 
lot  her  Ibid 
pads  of  the 
for  which 
wlio  a  few 
if  Queen's 
hnied   the 
agat(!  the 
in   British 
let:  — 
lings,  — I 
nnation  to 
Ouncil  de- 
s  of  loyal 
y  of  rebels 
a  1  lumber 
d-in-hand, 
to  prejiare 
afontaine, 


men  wi 


ers  1 


th- 
lublic 


am 


1   ,0 

Inortals  can 


I-  the  uav  tlie   iiriii'i'y 


/' 

ipaiiioii- 


increase  in  power  and  ri-e  up  to  honor.     Tliat 

Franklin  made  himself  ^^  f"';/  nisra/  iwunw^^  jii-  fellow  I'llnl  c.in 

On  the  Sth  of  February,  the  very  day  on  which  the  Ilou-e  m.  i.  and 
throe  months  before  I  re.-iuned  my  e(tnneeiion  with  the  pre-<,  or  jmb- 
lished  an  article  of  which  the  Attorney  (leneral  complains,  Lord  Falk- 


land's friend   and   printer  jxave   to   il 


e    world   a   defamatory    lampoon. 


purporting  to  be  a  loiter  from   Mr.   I'apineau,  the   Canailian  exile,  to 


Mr.  Howe,  in   which,  a->umiie_''  the   liirimr 


to   b 


a   n 


■\n\,  1 


le  ailoresscs 


the  latter  al'ter  this  liishion  :  *■  Oin- former  political  inlima<'y,  the  simi- 
larity of  oui'  jjrinciples,  and  identity  of  our  object-,  i^cc."  Vei  the  men 
■who  wrote  these  liljels,ar<'  to  be  held  gniltle-s.  and  I  am  to  lie  pro-criljcd 
for  not  sitting  (piietly  under  aeensation-  .if  trea-on,  ami  kissing  the  han<l 
that  directed  the  line  of  fire,  and  paid  tor  the  mis-iles  that  rattle«l  round 
my  head.  It  was  nothing  to  accuse  me  of  trea-on.  but  it  was  .-i  crime 
for  me  to  dochm^  that  no  one  knew  belter  than  Loi'd  l''alklaiid  that  the 
charge  was  tiilse ;  il  is  a  trifle  to  damn  a  Nova  Scotian's  cliai'a(.'I.er,  but 
an  unpartlonable  (jll'eiice  to  hint  thai  a  nobleman  wears  a  shirt. 
The  learned  Attorney   (»en<'ral.  with   his  characleristie  faii'ne 


parsed   over   all    these   provocations,   and    \u\<    reasoned 


thoii! 


•s,  lias 
di   the 


liberals  had  commenced  an  unhallowocl  war  upon  Iler  IMajesly's  re])re- 
Pentative.     Surely,   surely,  the   learned   and   pious   crown   ollicei",  who 


pr 


olossos  to  ]n\  horror-stricken  at   ii 


'}■ 


coar.-e  ri 


bahh 


am 


I  "1 


)reaciies 


ofd 


oeenev  am 


1  <rood  manners,"  cannot  have  ibryrotten  the  i)umlle  of  lam- 


poons, that  issued  from  the  government  pi-e>s  i'rom  February  lo.Vpi'il,  un- 
der the  signature  of  '•  Punch,"  and  which  I  hold  in  jny  hand.  "  Coarse 
ribaldry,"  '"breaches  of  decency  and  good  manners,"  and  reckless  ialse- 
lioods,  are  the;  staple  of  these  proiluctions,  showereil  by  l^ord  Falkland's 
ollicial  servant  upon  the  heads  of  the  veiy  men  who  had  served  and 
sustained  him    honorably  for  u[twanls  of  three   years,  and  who  retired 


that  lliey  slum 


Id 


not 


10  mis- 


from  the  royal  clo-et  with  the  assurance 
roprcsonted."  lint  then,  the  Attorney  (.Jeneral  liml-  il  convenient  to 
forgot  the  four  months'  defamation  l)y  which  it  was  hoped  wo  might  be 
overwhelmed  ;  ho  can  chuckle  over  lampoons  and  jiascpiinados,  when 
they  appear  in  the  government   pre-s ;   indecency  is  a  virtue,  wlu^n  it 


raises  a  lau";h  at  an  o 


ne 


my  s  o.\|ien< 


am 


1  a  lid.-ehooil   is  no  louLjer  a 


falsehood,  when  it  makes  in  favor  of  his  own  side.  [Mr.  Howe  hero  re- 
ferred to  the  papers,  and  read  gross  ]»ei'sonal  attacks  on  Mr.  Uniacki',  Mr. 
Doyle,  Mr.  ]\IcL(dlan,  'Mr.  Uenjamin,  and  ]Mr.  Power,  the  "ribaldiy" 
being  "coarse"  enough,  and  the  wit  scarcely  atoning  for  the  malevolent 
vulgarity.  "We  omit  the  passages,  that  our  rejjort  may  be  ko[)t  within 
ordinary  limits.]     After  reviewing  these  papers,  ]\Ir.  Howe  said  that  he 


I 


;iV. 


I 


J   ! 


't    m 


b 


I 


: 


\h  '  ill!''  ' 
m 


M 


it 

I 


45G 


]fi:ri,Y   TO   TIIK   ATTOIINKV   rillNKIiAI,. 


rcully  felt  for  the  iiulileiuiiii  ;i(  tin-  licad  u\'  tlic  iinvcnimciit,  wIki,  liiiving 
bt't'ii  induced  to  eduntenuiu'e,  and  |iiiln>iii/.'.  ;iiid  pay  tor  tlii-;  iiii>ei-!il)le 
trash,  aimed  at  old  and  faithful  eoiiiieilloi-,  whose  only  eriiiie  was  that, 
they  had  eonducted  his  ^'overnnn'nt  lriuni|iliaiiliy  for  three  years,  had 
been  hroiight  down  to  I'arlianient  to  prefer  ;,'rave  ehar^'es  a^iainsl  an  in- 
dividual who  had  thrown  a  few  paper  peUets  in  return. 

This  system  of  executive  delamation.  said  Mr.  I  lowe.  continued  for 
four  months,  and  iho  liberals  treated  it  with  indilfereiiee.  From  \)c- 
ci'niln'r  till  ^lay,  the  (ire  was  inees.-ant,  when,  ou  the  (Ith  of  that  month, 
I  resumed  my  old  editorial  chair,  and  openi'd  (ire  upon  tln'  enemy.  All 
that  I  have  r^ud  to  the  House,  api)eared  in  the  government  press  prior 
to  (hut  date  ;  but  something  more  had  appeared.  The  learned  Attornoy 
General,  wiio  now  complains  of  (Ik;  press  garbling  public  documents, 
who  professes  such  anxiety  to  give  the  public  full  inlln'ination,  cannot 
have  forgotten  the  few  liiK's  extracted  from  a  dispatch,  ami  ])ubli>hed  by 
Lord  Falkland  in  The  Ixoyal  (Ia/i'tt(%  on  the  211th  of  February,  two 
months  before  I  wrote  a  line  with  which  he  here  finds  fault.  Sir,  wo 
never  complained  of  Lord  Stanley  referring  to  ''pretensions,"  that  wc 
never  advanced,  and  whieii  this  House  afterwards  negatived  by  unanimous 
vote.  His  Lordship  formed  his  ojiinion  on  the  r.r-ixirte  case;  sent  from 
this  country,  and  he  was  bound  to  believe  and  sustain  his  own  officer ; 
to  give  hiin  every  fair  chance  to  recover  his  position.  lUit  we  had  u 
right  to  complain,  thtit  a  defamatory  dispatch  was  written  to  Lord 
Stanley,  refused  to  Parli'.mcnt,  His  Lordship's  answer  also  withheld, 
and  three  lines  extracted  from  it  and  publisbe  1  in  the  news[)apers, 
conveying  a  censure  we  had  never  deserved,  and  accusing  us  of  "  j)re- 
tensions,"  wdiich,  if  Lord  Staidey  had  hail  the  whole  ca.-e  before  him,  he 
would  have  seen  we  had  never  advanced.  For  more  (ban  two  months, 
Messrs.  Uniacke,  McNab,  and  myself,  Jiad  cherished  the  most  friendly 
feelings  towards  Lord  Falkland;  had  treated  him  with  the  courteous 
observance  due  to  his  high  station  ;  had  attributed  to  others,  and  not  to 
Lim,  the  slanders  which  assailed  us.  liefore  th(^  House  met,  I\Ir.  Mc 
Nab  had  offered  to  withdraw  his  claims,  to  re.-cue  His  Lord>hip  fioin 
difficulties.  Down  to  the  very  day  on  which  this  stab  was  given  by  his 
own  hand,  I  had  but  one  thought,  how  1  could  avert  the  evil  I  saw 
clouding  the  horizon,  and  rescue,  by  any  personal  sacrifice,  the  man 
whose  temperament  and  whose  advisers  I  knew  too  well,  not  to  antici- 
pate the  mischief  which  we  have  now  to  contemplate  with  so  nuich  vain 
regret.  The  moment  that  extract  appeared,  I  felt  as  a  man  might  feel, 
on  finding  a  friend's  knife  between  his  ribs,  on  whose  welfare  he  was 
meditating,  and  for  whose  security  he  was  prepared  to  suffer  much ;  the 


lio,  liiiviii;* 

('  wiH  that 

yciir-,  liiul 

aiust  an  iii- 

lUiiuKMl  lor 
From   l)c- 

that  luoatli, 

nomy.  All 
jtrcss  iirior 

uil  Altoriioy 

(lo('UIlR'lit;i, 

Uioii,  iiaimot 
|)iil»li>li('(l  by 
•bniai-y,  two 
ill.     Sir,  wc 
ins,"  that  wc 
)y  iinaniinous 
.50  st'iit  from 
k  own  oOTu'cr ; 
ut  wc.  had  a 
•n   to    Lord 
so  withhckl, 
mjwspapers, 
us  of  "  l)i'0- 
orc  hhu,  he 
two  months, 
nost  friendly 
Hi  convteous 
,  and  not  to 
met,  Mr.  Mc 
)^d^hiI)  from 
given  by  his 
evil  I  saw 
fict',  the  man 
not  to  antici- 
so  nuich  vain 
m  might  feel, 
■Ifare  he  was 
er  luuch ;  the 


ti 


'^ 


IIEPI.Y  TO  TIIK    ATTOIiNKY  CKN'miAL. 


•15T 


iijd  lies  were  ,-c\-ered  by  (hat  >lr<ikr';  and  lhi)>e  who  advi-ed  ii  diil  more 
nii»ehi(  r  lo  the  iinlileman  lliey  mislcl,  than  llieir  live-J,  d<'vnted  to  ]m 
?ervi<'e,  ennlil  I'epair.  It  was  Inlluwed  u|>  by  aiinihi  1"  —  by  a  per-dnal 
in<ull.  whieli  no  genileinan  ouglit  lo  otfer,  mid  which  w  genthman 
veiy  patiently  receives.  I''rom  this  period,  my  feelings  towards  I.ord 
Falliland  wei'e  changed;  Imt  thongli  I  e.\pre-ise(l  tlieni  once  or  twice  in 
the  Assembly,  it  was  not  till  one  nv  iw(j  months  later  —  during  all 
whieii  lime  the  sy>l<in  ot  mw-jiaper  defamation  continui'd  —  that  I 
re~nmtil  my  connecilori  wilii  llie  prcvs.  and  [lubli.^hed  some  ol'  the 
jtrlieles  which  lia\i!  been  drawn   into  this  debate. 

In  appi-oacliing  iln'  charges  which  the  Attorney  fieneral  has  brought 
beiitre  this  coimnilii'<',  I  am  coii-traiiied  to  say,  that  if  he  does  not  draw 
tip  his  criminal  with  more  care  than  he  does  his  ])olilical  indictment-", 
there  n;u>t  be  .-irange  binndering  in  oiir  court-.  Will  it  be  belie\eil  that 
tile  fu'-l  liircc  passages  he  read,  and  upon  which  he  fivoi-eil  ns  with  au 
hour's  (lecIani;ilion,  appeared  in  The  Nova  Scolian  on  the  21)tii  of  April, 
when  my  connection  with  tiial  pa[)i'r  only  commenced  on  (he  Ctlh  of 
^lay.  []Mr.  J  lowe  hero  ret'erre(l  to  and  read  the  pa>sag<'s  having  rofor- 
ence  t(j  Lord  Falkland's  "political  facetia',"  his  "attempting  (o  bow 
everybody  to  his  will,  and  being  con>!raiiie(l  (o  bow  to  the  will  of  others,'' 
his  "  a|tpointinenl  oi'  IMr.  Dewoll'e  to  tin;  excise,"  <SiC.J  The  I'arsees, 
said  Mr.  Howe,  wei'c  con>traiiied  to  attach  their  names  td  the  arrows 
they  shot  ;  and  J,  during  my  |iui)lic  liii',  have  generally  done  the  same, 
though  at  every  step  I  have  hail  to  meet  cowardly  assailants,  shooting 
from  every  variety  of  cover,  ll'  I  am  to  be  charged,  without  pi'o  >\',  with 
writing  what  I  do  not  acknowledge,  I  may  gather  from  tin.'  press  which 
supports  him  ;i  goodly  array  of  [>aragraph,s  to  attribute  to  the  Attorney 
CJeneral.  Jbit,  parsing  over  the  paper  in  April,  let  me  come  to  the 
poetry  of  the  'JOth  of  .Alay,  to  '-TIk*  Lord  of  the  IJcdchamber,"  which 
I  am  free  to  acknowledge  appeareil  i:i  The  Nova  Scotian  after  I  resuiTiod 
the  editorial  chair.  TIk;  commillee  will  remember  that,  before  this  pas- 
(luinade  was  published,  I  and  my  I'riends  had  been  ridicided  and  de- 
fame(l  in  the  government  organs  i'or  nearly  live  month- ;  that  we  had 
stood  this  fire  with  iiilinite  forbearance  ami  com[io-ure;  that  the  dispatch 
had  been  jinblished;  that  the  Speaker  of  this  House  had  Ik-cii  debarred 
the  usual  oflicial  courtosics  due  to  his  rank,  ami  never,  ibr  half.i  ceiiliiry, 
omitted.  After  all  this  had  been  done,  and  no  pains  spared  to  make  the 
([uarrel  personal,  is  it  strange  that  wc  should  have  determined  to  retali- 
ate ;  to  show  our  opponents  the  blunder  they  luul  committed  by  forcing 
the  (Queen's  representative  into  the  political  arena;  to  let  them  see  there 
was  some  wit  and  humor  on  the  opposite  side ;  and  that  if  they  monopo- 
39 


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CoiDoration 


23  WEST  MAIN  STREET 

WEBSTER,  NY.  14580 

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458 


REPLY  TO  THE  ATTOI^NEYJ  GENERAL. 


i;;  ; 


lizecl  political  power,  (licy  -wore  not  to  have  n  monopoly  of  the  elegant 
manufacture  of  political  pasquinade.  The  Lord  of  the  Bedchamber 
dcscriljes  the  perplexities  and  conflicting  feelings  of  the  Governor  and 
his  advisers  during  the  fourteen  day.>' debate  on  the  address  in  the  win- 
ter session.  If  the  writer  has  gone  too  fai",  let  gentli'meu  Ijcar  in  mind 
the  extent  of  the  provocation.  Let  it  not  be  said  that  Lord  Falkland 
and  his  advisers  were  not  answerable  for  what  appeared  in  The  Morning 
Post;  that  paper  was  edited  and  owned  by  the  printer  of  The  Gazette. 
The  government  had  the  command  and  the  direcliijii  of  botli.  If  a  per- 
son kept  a  brothel  and  a  boarding-house  under  the  same  i-oof,  and  if  the 
former  was  a  nuisance  to  the  neighborhood,  could  those  who  frerpiented, 
and  patronized,  and  encouraged  tlie  proprietor,  plead  that  they  were 
only  accountable  fin-  what  was  done  in  a  single  suite  of  apartments  ?  I 
think  not ;  and,  acting  on  this  principle,  I  have  claimed  my  right  to  hold 
the  Lieutenant  Governor  personally  responsible  for  all  the  defamation 
published  by  the  organ  of  his  government  —  ])y  his  paid  othcial  servant. 
I  may  have  been  right  or  wrong,  but  I  fearlessly  avow  the  fact.  Mr. 
Howe  here  referred  to  and  read  the  poem*  complained  of  by  the  At- 


:y 


I  ii(. 


;  f 


V4  o.i 


*TIIE  LORD   OF  THE  BEDCKA5ICER. 

I'YTTE    THi:    riRST. 

The  Lord  of  the  Bedcliamlier  sat  in  lii>:  sliirt 

(And  D dy  the  pliiiiit  was  there), 

And  liis  feilin^^s  appeared  to  he  very  much  hurt, 

And  his  brow  overclouded  with  care. 

It  was  phiiii,  from  tlic  fhisli  tliat  o'crniantled  his  check, 

And  tiic  fluster  and  haste  of  his  stride, 
Tliat,  drown  'd  and  hcwildered,  liis  brain  had  |,'rown  weak, 

From  the  likjod  pump  'd  aloft  \>y  his  pride. 

"No  answer  !  The  scoundrels,  how  dare  tlicy  delay ! 
Do  they  tliiidv  that  a  man  who's  a  Peer 
Can  thus  be  kept  feverish,  day  after  day, 
In  the  hope  that  their  Sjieaker  '11  api)ear. 

"The  Goths!  lias  not  J ,  *  my  leader,'  so  cute, 

Stood  up  in  his  place,  and  declared 
That,  whenever  it  happens  my  humor  to  suit, 
To  do  justice  to  all  I  'm  prcjiared  ? 

"  IIow  dare  they  delay,  when  a  Peer  of  the  Realm, 
And  a  Lord  of  the  Bedchamber,  too. 
To  govern  them  all  has  ])ecn  placed  at  the  lielm, 
And  to  order  them  just  wiiat  to  do. 


llic  elegant 
Jcdcliambcr 
ovcrnor  and 
in  the  win- 
j;u-  in  niinJ 
i-,l  Fulklantl 
'he  Morning 
["he  Gazette. 
1.    If  a  pcr- 
)f,  and  if  the 
)  frequented, 
at  they  Avere 
irtment.s  ?     I 

ri"ht  to  hoUl 
,c  defamation 
hclid  servant. 

fact.  Mr. 
of  by  the  At- 


reak , 


REPLY  TO  THE  ATTORNEY  GENERAL. 


45D 


torney  Gencrah  He  kept  the  Ilon.-e  laughing  for  ten  minutes  with 
ludicrous  eoninicntaries.  Tlie  Attorney  General  hp.d  bitterly  eomplaiueJ 
of  the  opening  line :  — 

"  The  Loril  of  the  Bedchamber  sat  in  his  shirt." 


"  Go  D (ly ;  ^o  T) dy,  ami  toll  them  from  me, 

That  like  Oliver  Croni.  1  '11  come  down, 
My  orderly  sergeant  niace-hearcr  shall  be. 
And  kiek  them  all  out  of  the  town." 

Tlicn  1) dy  the  idiant  looked  puzzled  and  grim, 

An  he  made  a  salaam  with  his  head, 
But  ventured  to  hint  that  it  might  not,  for  him. 

Be  (luite  safe  to  repeat  what  was  said. 

"  They  'vc  got  some  odd  notions,  the  obstinate  cre"V, 
That  we  are  their  servants  —  and  they 
A  sergeant  have  got,  and  a  stout  fellow,  too, 
Who  their  orders  will  strictly  obey. 

"Besides,  though  the  leodcr  and  I  have  averred. 
That  justice  they  soon  shall  receive, 
'Tis  rather  unlucky  that  never  a  word 
That  wc  say  will  the  fellows  believe. 

"Their  satire  and  arguments  freely  they  pour; 
In  their  numbers  and  talents  they  glory ; 
And  your  bedchamber  title  they  '11  care  for  no  more 
Than  they  did  for  my  bedchamber  story." 

Then  the  Lord  of  the  Bedchamber  stamped  and  ho  swore, 

'Till  D dy  look'il  pale  as  a  sheet. 

And  was  ((uietly  edging  away  to  the  door, 

In  the  hopes  to  effect  his  retreat. 

"How  now,"  cries  his  Lordship,  "deserted  by  you, 
I  hope  you  do  n't  mean  '  to  retire ; ' 
Sit  down,  sir,  and  tell  me  at  once  what  to  do, 
For  my  blood  and  my  brain  arc  on  fire." 

Then  T") dy,  bi.nvildcrcd,  shrank  back  to  his  chair. 

And  protested  he  'd  fight  till  he  died  ; 
But  he  looked  like  a  beautiful  cast  of  Despair, 

With  the  Angel  of  Wrath  by  his  side. 

"  Suppose,"  and  his  voice  half  recovered  its  tone, 

"  You  ask  them  to  dinner,"  ho  cried, 
'  And  wiicn  you  can  get  tlicm  aloof  and  alone. 

Let  threats  and  persuasions  be  tried. 


I  c 


r  ;; 


^il 


■1'    Ml 


'i--  i 


•!;     } 


;l{  ■) 


Rill  /'fc  ■^  ■''       J 


»:;  'Ni!  ' 


'n'  il  :  :<■>  ■ 


I  i 


tfi;v 


D 


JU:M 


4G0 


REPLY  TO  THE  ATTORNEY  GENERAL. 


Mr.  Howe  said  (hat  it  was  the  first  lime  he  had  sii.-iicetod  tliat  to  hint 
that  noljlemcn  wore  shirt^J,  av.'b  a  grave  ofFenco,  (o  l)e  pro-eeiiled,  in  \\h: 
high  court  of  Parliament  hy  an  Attorney  General.  Had  tlic^  author 
said  that  the  Lord  of  the  Uedehambc'r  had  no  shirt,  or  that  it  stuck 
through  his  ])antaloons,  there  iniglit  have  l)een  good  ground  of  com- 
plaint.    There  was  a  little  poem  of  Hood's,  that  began  thus:  — 

•■'With  fmu'cis  weary  and  worn, 

With  cyc'Ud.s  Iieavy  and  rod, 
A  M'oiium  sat  in  unwomaidy  rags, 

riving  liL'i-  nucdle  and  tliread. 

Stitch  !  stitili !  stitch  ! 
In  poverty,  hunger  and  dirt, 
And  still,  with  a  voice  of  dolorous  pitch, 

She  sang  'the  song  of  the  Shirt.'" 

The  author  of  these  lines  has  recently  been  pensioned,  and  I  have  no 
doubt,  whenever  our  "  Song  of  the  Shirt  "  is  brought  to  the  notice  of 
Her  Gracious  Majesty,  which  it  must  be,  now  that  it  has  become  an  im- 
portant state  paper,  she  will  be  equally  mindful  of  the  merits  of  the 
author. 


"If  you  swear  you'll  dissolve,  you  may  frighten  a  few, 
You  nuiy  wheedle  and  coax  a  few  more, 
If  the  old  ones  look  knowing,  stick  close  to  ilic  new. 
And  we  yet  opposition  nuiy  iloor. 

"For  a  month  I  have  lahorcd  divisions  to  sow, 

And  S y  has  lieil  like  a  Turk, 

And  ]\r r  has  feasted,  and  J you  know 

Is  nearly  knocked  up  with  hard  work. 

"But  still,  in  close  column,  they  stand  and  they  fight. 
And  the  country  is  getting  on  fire. 
And  the  (ounty  of  Hants  sent  a  S([uadron  last  night, 
To  ask  W at  once  to  retire." 

"I'll  do  it,  my  D dy  — I'll  do  it  this  night, 

'  I'arty  Government '  still  I  eschew, 
But  if  a  few  jiartics  will  set  you  all  right, 
I'll  give  them,  ami  you  may  come  too." 


jf 


The  Romans  of  old,  Avhen  to  Imttle  they  press'd. 

Consulted  the  entrails,  'tis  said. 
Ami  aigitmeius,  it  to  the  stomach  addressed, 

]\Iay  do  more  than  when  aimed  at  the  head. 


.rUDY, 


;;«.;fi 


:ij 


II 


hat  to  hint 
Ucd,  in  IIh! 
the  iiullioi- 
iit  it  .-^tiick 
n\  of   coiu- 


1(1 1  have  no 

the  notice  of 
jcoiue  all  iiu- 
iierits  of  the 


JUDY. 


REPLY  TO  THE  ATTORNEY  GENERAL. 


4G1 


I  como  now  to  lh(!  ])MIM'1'  of  the  I'Uh  of  June,  and  mean  to  fulfil  the 
ph.'dize  Avitli  which  I  ^et  out,  liy  >Ii()wiiiLr  that  every  ai'tiele  in  Thi^  Nova 
iSeotian,  to  wliieli  the  Attorney  (ienei'al  taki's  cxeeiitiou,  wa->  caHed  foi" 
hy  an  insidious  <k'(ainat(i;'y  |>uhlieation,  put  llti'th  hy  the  otlieial  servant 
of  th(!  novenuncnt.  'l'iii>,  wliich  I  confess  I  wrote,  is  an  an^wt.T  to  a 
lonf^  one,  in  the  Ivvccuiive  organ  of  the  OOtli  of  ^lay.  That  is  eoarsc 
and  brutal  throngliout ;  it  accuses  in(^  of  wishing  to  be  "  at  the  liead  of  a 
tyrannical  and  oii[)res^i\e  gdvernniciu."  It  reiterates  th(!  monstrous 
falsehood  —  a  thousand  tiini.'s  repeated  —  that  1  demanded  leave  of  the 
Lieutenant  (ioveriinr  "to  lei  me  form  a  parly  govermncnt,"  when  I 
never  proposed  to  him  to  form  any  Council,  either  befoi-e  or  after  the 
elections,  in  which  the  conservatives  were  not  to  have  had  four  or  iive 
seats.  As  a  speelmen  of  the  high  compliments  [)aid  to  the  opposition, 
it  is  only  neei-ssaiy  to  ^ay  that  they  are  styled  "a  band  of  brigands.'' 
Was  it  to  be  expected,  tlien,  that  I  should  put  the  buttons  on  the  foils, 
in  defending  my  friends  and  my.-eU' from  .-uch  an  assailant?  Out  of  live 
columns  of  calm  and  good  Innnored  argument,  the  Attorney  General  has 
selected  a  single  passage  ;  and  tliat,  taken  in  connection  with  the  line  of 
reasoning  I  have  [)ursued,  and  the  article  to  which  it  was  an  answer, 
carries  with  it  its  own  jiistillcalion  :  — 

"  "We  shall  now  only  say  a  word  or  two  as  to  the  'personal  attacks  ' 
which  we  are  accused  of  making  '  on  Iler  Majesty's  re[)resentative,' 
and  on  this  subject  we  shall  speak  out  plainly  and  distinctly.  "When  a 
Governor  descends  so  far  as  to  publicly  accuse  men  who  have  served 
him  faithfully,  of  attemi)ting  to  *  wrest  the  prerogative,'  because  they 
differ  in  opinion  Avith  him,  and  retire  from  his  Council;  wdien  he  accuses 
them  of  '  pi'etensions, '  when  they  counsel  him  fearlessly,  as  they  arc 
sworn  to  do  •  when  he  refuses  to  the  Speaker  of  the  Assembly  the  olli- 
clal  courtesies  which  are  his  due,  because  that  officer  acts  independently 
in  the  discharge  of  his  public  duly ;  and  seeks  to  curb,  by  a  boyish  pet- 
tishness  of  resentment,  all  freedom  of  action  and  sentiment  in  politics, 
he  places  himself  upon  a  much  lower  level  than  the  liberals  of  Nova 
Scotia  think  a  Governor  should  always  occupj'.  For  our  part  we  have 
no  hesitation  in  saying,  that  he  no  longer  represents,  but  that  he  mis- 
represents our  sovereign;  and,  so  far  as  we  are  personally  concerned, 
we  would  not  allow  the  proudest  duke  that  ever  stood  behind  a  throne  to 
play  such  antics  in  Nova  Scotia,  without  letting  him  feel  that  there  was 
at  least  one  person  in  the  Province  a  little  prouder  than  himself,  and 
quite  conscious  that  — 

'  The  rank  is  but  the  guinea  stamp  — 

A  man  's  a  man  for  a'  tliat.' 
39* 


;    I 

J  1 

(     1 

:' 

jl 


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'.'ii 


?» 

>t 

1 

■I 

,  ] 

'i 

i 

1 
1  ' 

:l  ^^ 


4G2 


REPLY   TO   TIIK   ATTORNKY   GKNKRAL. 


"As  to  tlio  stiitcnK'iil  lli;it  Hi--.  Tii)i'(l.-li!|(  'liad  wi'illcii  liiinsclf  down,' 
the  ()|)iiil(iii  is  very  ciiri'fiit,  aiiimiij;  tliosc  wlio  Iiavc  cxaiiiiiictl  tin;  It'ttciv, 
spci'dies,  and  ^lal<'  papciv,  Avliicli  liave  hccii  issued  rnuii  the  Executive 
dtiriiiif  (he  last  year;  hut  it  is  well  known  that  Ave  hold  his  advisers  ro- 
sjionsihle  I'or  iIkx-,  and  ihat  when  we  speak  of  the  (!overiU)r,  in  those 
political  essays,  we  hut  rei'ei-  to  and  criticise  the  acts  ot'  his  Executive 
Council.  W  ihcy  knew  their  thily,  they  would  apply  to  themselves 
every  attack,  every  joke,  every  >arca-in,  without  thi'uslinu;  the  (Queen's 
re[)rescntalive  into  the  front  of  the  hatlle,  to  receive  the  shots,  and 
return  the  tlr(>." 

Let  in((  now  direct  your  attention  to  the  paper  of  the  I.">lh  July,  and 
ask  aj^aln  what  <lre\v  Ibrlh  the  article  which  it  contains  ?  The  answer 
is  —  another  lm'oss  iihel  on  the  relireil  Councillors,  in  the  government 
organ.     Sir  Charles  jMetcall' had  written  to  Loi'd  Slaidey  :  — 

'•I  am  re(inired  to  give  myself  up  entindy  to  the  Council;  (o  submit 
absolutely  to  their  dictation;  to  have  no  judgment  of  my  own;  to  be- 
stow the  jiatronage  of  the  govci'iunent  exchisiv(dy  on  their  partisans;  to 
proscribe  their  oi)poiu'nts  ;  and  to  mak(,'  some  public  and  une(iuivoeal 
declaration  oi"  my  adhesion  to  these  conditions,  involving  the  eonipletc 
ludlilication  of  ller  .Majesty's  goverinnent." 

Lord  Falkland's  olllcial  scribe,  commenting  on  this  passage,  had  said: 

"This  is  what  Lord  Falkland  is  re([nired  to  do  by  his  opponents; 
the  enemies  of  justice  to  all  parties,  and  to  constitutional  freedom.  Ls 
this  disputed?" 

"What  was  my  answer  ?  The  passage  garbled  and  complained  of  by 
the  Attorney  General.  The  committee  will  pardon  me  for  quoting  the 
Avliole  :  — 

"So,  then,  Lord  Falkland  has  been  re(piired  by  Uniackc,  Howe,  and 
!Jrc>»'ab  '  t(j  sid)mit  absolutely  to  their  dictation  ;  to  have  no  judgment 
of  his  own  ;  to  bestow  the  ]iatronage  of  the  govt'rnment  exclusively  on 
their  partisans ;  to  proscribe  their  opponents,  and  to  make  some  public 
and  unetpu vocal  declaration  of  his  adhe>ion  to  these  conditions,  involv- 
ing a  comi)lete  nullification  of  Iler  ]\L'tjesty's  government.' 

"  Surely,  surely,  Lord  Falkland  cannot  wonder  that  these  gentlemen, 
and  their  friends,  are  not  very  measured  in  their  expressions,  Avhen  his 
paid  official  servant,  the  mouth-piece  of  his  government,  puts  forth  such 
barefiiced  lies  as  these.  The  epithet  may  be  strong,  but  it  is  the  right 
one  to  use  in  such  a  caic.  In  the  name  of  the  ex-Couneillors,  on  the 
house-tops,  before  Lord  Falkland's  face ;  aye,  in  the  presence  of  the 
Queen  herself;  wdiercver  and  Avhenever  this  charge  is  brought  against 
James  McNab,  James  B.  Uniacke,  and  Joseph  Howe,  to  our  dying  day 


ItEPLY   TO    Tin:    ATTOltNEY    (lENF.RAL. 


403 


H'lf  down.' 

tll(!   It'tlOlV, 

KxiM'iitiv<^ 

or,  in  tliose 
I  Kxoc'Utive 

tlicmsc'lvcs 
ho  (iucen's 

shots,  rnul 

li  July,  and 
The  iinswor 
jiovcnimcnt 

11 ;  to  submit 
own;  to  be- 
)!irtisuns;  to 
uno(iuivociil 
the  complete 

gc,  bail  said: 
^  opponents : 
ireedom.     Is 

dained  of  by- 
quoting  the 

e,  IIowc,  and 
no  judgment 
'xclusively  on 
c  some  public 
itions,  involv- 

e  gentlemen, 
ons,  when  his 
luts  forth  such 
it  is  the  rigbt 
cillors,  on  the 

cscnce  of  the 
rought  against 

our  dying  day 


wo  will  pronounce  it  ii  l)as(',  b];ick  lal.xhooil,  without  a  >ha(lo\V(ir  I'oinuln- 
tion  ;  y('<,  and  add.  that  no  man  knows  bttli'r  tlial  il  i>  >(),  than  thi' 
'loiilchian  wlio  thus  instruct-  or  pmnils  his  underling  to  dri'anie  men, 
whdii)  tiic  plain  uii\  arui.-Iicil  irulli  cduld  not  iniiii'c." 

AVas  tills  language  too  ^li'iniu?  What  was  the  eharge  ?  Treason, 
disloyally,  utter  prostration  nl'  the  royal  authority,  and  "  base  black 
falsehood,"  wnsth(M»nly  term  to  apply  to  such  a  slandei-. 

Let  me  cpiole  the  proof  thai  it  was  so,  which  the  Attorney  (icneral 
conveniently  forgot  to  give  :  — 

"  Xow  what  are  the  facts?  We  speak  of  (»ur  own  personal  share  in 
this  charge,  and  of  oiu'  own  expei'ience.  \\\\\  tlu!  public  bidievc^  that  in 
three  yi-ars  and  a  half  but  one  apiKiintment  was  made  Iiy  our  tulvice 
to  which  Lord  Falkland  evinced  the  .-lightest  repugnance,  and  that  that 
was  the  re;i])pointment  of  an  old  servant?  Will  they  believe  that  in 
every  other,  for  reasons  deemed  satisfactory  to  'his  own  juilgnient,' he 
gave  a  cheerful  and  full  concurrence,  and  that  these  amounted  to  hun- 
dreds? 

'•  AVill  the  country  l)elieve  that  in  every  act  of  administration,  through- 
out the  whole  period  that  those  gentlemen  thus  deliuned  were  members 
of  Lord  Falkland's  Council,  a  most  res[)ectful  deference  was  paid  to  His 
Lordship's  feelings  and  opinions;  that  in  no  one  instance  was  any  thing 
pressed  upon  him  to  which  he  entertained  a  decided  and  strong  objec- 
tion." 

I  come  now  to  another  of  those  satirical  poems,*  which  the  Attorney 
General  declares  is  "so  indecent"  that  it  cannot  be  read;  and  really,  if 
it  were  not  lor  wasting  your  time,  ]Mr.  Chairman,  with  such  trifles,  I 
would  read  the  whole  of  it,  and  let  the  connnittee  judge  of  the  text  and 
the  commentator.  It  is  a  letter  in  humorous  verse,  supposed  to  be  writ- 
ten by  Lord  Falkland  to  L(jrd  Stanley.  It  appeared  in  The  Nova 
Scotian  on  the  20th  of  November;  but  the  connnittee  will  bear  in  mind 
that  it  was  })rovoked  by  two  letters  of  the  same  description,  ])ublishcd 
at  my  expense  by  the  ollicial  printer  just  ten  days  before.  It  com- 
mences — 

"Jh-  Lord,  I)y  this  mail,  wliicli  I  luivo  not  dotnincd, 
A  few  linos  iiiiu-kcd  '  private,'  to  write  I'm  constrained." 

This  was  only  a  fair  hit  at  the  government  for  the  detention  of  all  the 
corres])ondence  of  the  lower  Provinces,  because  the  Governor's  advisers 
were  too  careless,  or  too  stupid  to  Avrite  in  time  an  official  letter  to  the 
oflicer  in  cliarge  of  the  steamer.  We  have  asked  for  the  correspondence 
on  this  subject ;  it  has  been  refused.     When  it  is  necessary  to  denounce 


i  :!|   i, 

■    I     I 


t       if 


I L; 


*  Sco  Append 


IX. 


401 


iM'rLV  TO  Tin:  attornky  (jknekal. 


'Vil,! 


mi0i 

9'  :■■   II    '     . 


!'■ 


!i  !;nii|H)oii,  or  drpiMNc  llr  r  M.ijrsiv's  li.'L^rs  of  III.'   iiiiiocciit  privilof^o  of 
lauuliiii.--.  \vc  li;i\c  u'lavc  di^palrhc^  in  aliiinilaiirr  ;  wlicii  llinii-aiids  of  lot- 

Irrs  ami  liiiii(li-(i|>  oC  ll siikI- dl' pounds,  in  orders  I'oi- iiisiiraiicc  and  l)ills 

(li   r\<'liaii::(',  arc  ilclaini'd  here  a  lol•tlli^■Ilt  Iiv  'jross  i^noraiicf  or  di'i'clic- 
lioii  ol'  duly,  iiiliirnialioii  is  denied.      I'li;  Id  (irocccd  willi  llie  nuL'try  :  — 

"  III  my  |iiililii'  cli<|i:ilrli,  my  |Mi--iiiiiii,  cii  licau, 
Is  set  ell'  III  (III'  ^^-ciitc^i  :iil\iiiit:i-,i',  yi>ii  ki.uw  ; 
WlicM  ymi  rciiil  ii,  you'll  tliink  I  liMvo  iiotliiii;;-  to  Ikhv  me, 
r.iil  .nil  diiviii--  liliii'  N.iM's,  like  |,(.n!in,  lidurc  iiii.'. 
1  am  Mirry  In  dwn,  lnu  llic  tail  miisl  Ijc  slaicil, 
'I'lic  ;:ami'  is  all  ii|i,aiiil  I'm  laiii^  clu'ck-iiiiitiil. 
'I'iic  I'eailiiT  ill  ('liiiiici'i'   wiiii  |:ii(i>c  ill  iijs  hrccclics, 
Was  l.iMiaynl  Ky  ijn'  iii'i  K  iiccjiiii^''  tlinuii^li  tin"  loose  slitelics  ; 
Aiil  I  iiiir-t  acknowledge,  iiiilortiiiiale  .-iiiiicr. 
As  my  t:riel's  are  eiilar^iii;:-,  my  lireeclies  ;;-ei  iliiniior ; 
j\ii(I  1  t'cel,  if  I  ilo  iim  Mioii  make  a  (lean  lireast, 
Thai,  t'niiii  wlial  yon  oli.-erve,  you  will  -iie>s  at  tlie  rest." 

I  f'cai- lli.at  tliis  tdliisioii  !.i  His  lv\<'(dlency's  hiTcclies  1^4  I'cgai'ilctl  by 
tlio  .Ln.vofiiineiil  with  ;is  mneli  alai-ni  as  llu-  Ibniicr  rclcrcucc  to  the 
startling  i'act  ol'  his  ufarin^ir  a  shirt. 

"  Unt  while  talkiiii;-  of  j^cese,  it  is  said,  in  some  rnelioii, 

'i'hat  luiiiu',  liy  llieir  eaekliiii:-,  was  .saved  from  destruction; 

The  link  of  the  IJonian  runs  not  in  mvliiie, 
For  I  am  destroyed  liy  the  caekliiii;'  of  mine." 

When  this  was  written,  liohlly  as  I  fstimalcd  the  discretion  of  Lord 
Falkland's  iidvisers,  1  did  not  think  they  w<'i'e  .stieh  geese  as  to  come 
CiK'kling  to  the  Asscnihly  over  siieli  vi:<i:i  as  these.  There  arc  other 
passages,  perhajjs  a  little  liroad,  htit  siitrly  not  half  so  bad  as  dozens 
that  tii-e  to  he  toniid  in  Shakspeare,  Swift,  Stefiic,  riiuhir.  or  in  llanbury 
AVilliains'.s  politieal  pas.piiiiades,  all  ol"  which,  I  donht  not,  are  to  be 
found  on  the  Attorney  CuMicral's  hook-shelves.  If  this  sipiib  is  to  be 
condenined,  let  diidge  Slick,  whose  volmnes  abound  in  broad  humor,  pre- 
side at  the  trial,  and  1  doiilit  if  the  crown  ollicers  can  oldaiii  a  verdict. 

Mr.  Ilowe  lie  t  read  and  reviewed  the  tirticle  of  the  2d  of  Decem- 
ber, which  he  proved  was,  like  all  the  others,  called  ibrth  by  a,  violent 
and  scurrilous  attack  on  himself  and  on  the  Speaker  oi"  the  Assembly. 

I  have  now  gone  through  all  the  articles  on  which  this  solemn  Exec- 
utive proscription  is  Ibiinded,  and  I  m:iy  say  at  the  end  of  this  review, 
as  I  stiid  at  the  beginning,  that  I  mourn  over  the  spectacle  which  the 
Governor  of  my  country  presents ;  coming  down  to  rarliament  with  a 
ease,  at  which  Lord  Stanley  and  every  clerk  in  Downing  Street  would 
laugh,  if  the  pleadings  on  both  sides  were  before  them.     Nova  Scotians 


PI 


IIKPI.Y   TO   Tin:    ATTCIJNT.V    CIINKKA  I,. 


'105 


vilop;o  of 
ids  ol'  lot- 
■  iiiulliilla 
iiMlcrclic- 
octry :  — 


?gav(le(l  by 
iicc  to  the 


1 


on  of  Lord 
;  to  corac 
arc  otlicr 
ur^  dozens 
11 II  anbury 
are  to  be 
1)  is  to  be 
luiiior,  prc- 
a  verdict, 
of  Dcccm- 
)y  a  violent 
Vssenibly. 
emn  Excc- 
his  review, 
which  the 
nent  with  a 
treet  would 
va  Scotians 


were  wniil  lo  oc('ii|iy  hluli  ^'riMiml  for  -Iciidy  Inynlly  ;  I'nr  liiiii  iidlirri'iici- 
lo  |iriiicl|i!i' ;  llir  jn'iilr  circiim-jiccliciii  in  llir  inaiiaL'i'iiiini  uf  iliiir  jillairs. 
liiil    I    diiulil  if  llii-  -ciliiuii   iiii|ii',icliiiiiiil  (if  a  |ii(|iiir;il    iMw -|i;ii)iT,  ilii-; 


war  ii|Miii  llii'  >alii'i(' nni-r,  will  <li 


\.'il('  iH  iiiiicli  I'll  I  Id'  a  I  Ik  line  or  iiliroaii. 


])('|!irc  |ia>:~iii,;j;  rnmi  llic-r  lopii'-.  in  jii-llci'  lo  iiiy-<'ir,  I  nni-l  make  (Hic, 
or  two  (discrvatloiis.  'I'lial  I  know  wliat  i--  diU'  (o  my  -c>\  iTci^n'-;  rr|irc- 
sciilalivi'  wlini  llir  dl'iiiily  ol'  lii>  Iil^'li  elation  )■;  ai|ri|iiati'ly -iHlaiiicd  ; 
wlii'ii  poliiical  warl'arr  I-  coiiiliicli'd  witliiii  lln'  Imiindarir-  of  iIk,'  ('nii-li- 
lulinii;  wlicii  |)(r~oiial  )ccliii,i:>  an'  ii<il  oiiliaLrcd  and  |MiI)lii'  |irinci|ili' 
is  nol  .'•oiiulil  lo  Ijc  (  iii-1ic(|  liy  Mxri-nlivc  drrainalioii,  iIk'  iiicinltri's  of 
this  coiniiiilli'r,  and  llic  |i(  (i|dc  ol"  llil-;  l*roviiifc,  know  ri^lil  wrjl.  I-'roiii 
LS;!(')  lo  IS  |(i.  al  llic  lii'ad  <ii'  a  aia/)orily  in  lliis  As-cm!ily,  and  willi  a 
press  al  my  command,  I  coiidncli'd  an  oiipo-ilioii  lo  Sir  Colin  ('ain|pl)cirs 
admini-lralion,  and  iicvcr  wrolc  a  line,  or  iillcred  a  syllalilr,  |ici'.~onally 
olfi'ii-ivc  lo  lliat  liailanl  old  soldier.  AVIiy?  IJecan.-e  lie  (rea(e(l  tlic 
inembers  oi'  llie  o|>i»o^ilioii  like  ,^eiilleiiieii,  and  becaii-e,  Iiy  llic  men  who 
stislaiiied  liiiii  under  the  leailersliiii  oi'  my  learned  liieiid  i'rom  ('a|)<; 
IJrelon.  and  llio-e  who  dilfei-ed  with  ihem  on  iirinciple,  all  llie  courteous 
observances  of  chivah'oiis  waiTar(!  were  maintained  ;  we  .-ahileil  each 
other  as  the  liist  volley  was  lired,  and  drank  at  (he  >ami!  stream  when 
the  balth;  was  over.  I-'or  the  more  harharoiis  style  oi'  warfare  which 
has  come,  lately  into  voi^ne,  the  o|i|iosition  ai'c  not  to  Idaiiie  ;  they  lail,  fol- 
low the  mode  sel  liy  His  Lord  lii[rs  advisers.  I  re;_M'el  the  ehaiiL^e,  for  I 
well  remember,  when  standing  in  (he  crowd  a(  l.oid  falklanifs  first 
levee,  Sir  Colin  Camplxdl  thus  addres.-ed  me  :  ''Mr.  Howe,  (hen;  is  my 
hand,  we  fouifla,  it  out  bravely,  for  each  (houj^ht  he  was  ri;rh( ;  you 
treated  me  like  a  f!;en(lemaii,  and  1  cheri-h  no  unkind  I'eelin.i;."  Such 
are  (lu^  (erms  upon  which  llrilish  (ioveriiors  and  l»ritish  colonists  shoiiiu 
part;  it  will  be  always  so,  wdien  those  wdio  represent  the  sovereign  r«;- 
speet  themselve-;,  and  respect  the  I'eeli  igs  and  the  rights  of  otlua's. 

Ihit  it  is  said  I  praised  Lord  l-'alklaiu!  ii"  18  12.     1   did  ;  he  had  (hen 
done  nothing  undeserving  of  commeiidati  ■  I  sjioke  as  I  felt.     I  speak 


now 


IS  r  feel,  with  (wo  years  of  ailded  exj.   Me 


nee  ;  und  aflei",  misled  by 
bad  advisers,  he  has  i-ominitlcd  innnmerahle  hhuKh^rs.  II"  I  |irais(;d  him 
in  18-12,  (he  Attorney  ( Jencrafs  friend  hissed  him;  surely  theri;  is  as 
mueh  inconsistency  in  flii^  one  ca~e  a>  in  IIk'  other.  ]\Ii'iii!)ers  of  Council 
lauded  my  magnanimity  in  Is  12,  who  are  now  parties  to  this  miserable 
proscription.  The  papers  that  sustain  Ilis  Lordship  in  IS  IT*  tcenieil 
■with  scurrilous  imcctive  in  IS  12.  AVIial  ha-  produced  the  change  ?  Am 
I  ihiMinly  inconsistent  party  of  the  whole -^  2s'cillier  are  inconsi.-tent  ; 
His  Lordship  has  forfeited  (he  coufideiiee  of  his  old  friends  by  the  very 


il  ;'  : 


^Mi¥ 


:      l  ?  i 


■il*t 


M 


,1-  i 

'Pi 


1 1 


<i 


n  ■   I 


m.  i! 


I,:        hi 


mm 


w:''iS  :^ 


•:  I  i  'i'iii' 
..-    ii,..v- 


III 


wi 


■'s.i 


i'l 


it 


'■!!!: 


4GG 


IICPLY    TO   TIIK   ATTORNEY   CKNI'lIAL. 


policy  wlilcli  lias  (lcli;_'li(c(l  Iii-:  olil  cuctiilcs.  Circiiin-laiicis  di-vtlopc 
cliurai'tcr  ol'U'ii  vriy  i'a|iii||y.  Saul  \va-<  tin*  saiiic  Saul  al'irr  lie  liail 
laiiiK'lH'il  liis  JaviTni  al  Davit!  tliat  lie  was  ItcrmT,  A  Irillr  had  loiiclit'd 
liis  vanity  and  ai'oii-cd  liis  |)ri<I(',  Yet  David  coidd  liai-dly  lie  t'Xpi'otcil 
to  ft't  1  or  speak  ol"  liiin  as  lie  fell  and  >p(il\('  iM'furc  liis  liCc  was  ni<'na(X'il. 
The  ]Moor  is  tlic  same  man  in  llic  lil'lli  llial  lie  is  in  tin'  (iisl  aiM  of  ihc 
play  ;  Itiil  liis  wlmlc  fliaraclcr  lias  Iicen  clianjjjci' :  tlie  wily  laifo  lias 
poni'cd  a  leprous  disiilnicnt  into  Ids  car,  lias  so  pracliccd  on  his  nublo 
iiaUirc  llial  ho  I'anis  like  a  maniac,  and  dolroys  ilic  wile  of  his  liosom 
in  his  ra;^e.  A  man  may  have  praised  a  rnu!  hors<!  (hat  he  would  hai'dly 
know  again  when  driven  I'rantie  and  blown  by  a  nettle  tied  to  hi,^ 
tail.  .Sir,  I  have  always  done  Lord  Falkland  jus)ic(.' ;  I  will  do  him 
justice  now,  ihoiif^li  he  has  taken  the  soverci^^n's  name  in  vain  and  pros- 
tituted her  authority  to  crush  me.  Tic  knows  me  well  ;  I  know  him  pcr- 
liaps  belter  than  he  does  liims(df.  lie  has  many  high  (iiialilies  of  head 
and  heart ;  but,  as  a  noble  jjoet  said  of  his  relative,  a  "  host  of  passions  ;" 
and  by  playing  upon  an<I  inflaming  these,  the  men  who  surround  lilm, 
have,  in  one  short  year,  led  him  Crom  blunder  to  blunder  until  the  spcc- 
taclt!  of  degradation  is  completed  by  this  i)ersonal  squabble,  cxcithig  the 
compassion  even  of  the  indivitlual  he  would  destroy. 

Though  the  reU'rence  to  the  new  api)ointinent  to  the  excise  ofllcc  ap- 
peared in  the  [)aj)er  with  which  I  had  no  connection,  the  Attorney  Gen- 
eral has  thought  ])roi)er  to  attribute  it  to  me,  and  boasts  that  he  will 
justify  the  appointment  by  its  frints.  Sir,  I  neither  oonn)lain  of  the  ap- 
pointment, nor  doubt  that  the  duties  have  been  properly  discharged;  but 
if  the  Attorney  General  wishes  to  discuss  the  past  or  present  manage- 
ment of  the  oiilce,  when  the  pa[)Crs  arc  printed  and  on  the  table,  I  am 
ready  to  meet  him ;  and  I  think  it  will  then  appear,  that  if  the  tree  has 
yielded  fruit  abundantly,  my  honorable  friend  from  Yarmouth,  tlio 
Speaker,  an<l  others,  who  dug  around  the  roots,  and  applied  the  manure, 
arc  entitled  to  a  share  of  the  praise. 

Sir,  I  have  now  got  out  of  the  newspapers  brought  here  by  the  Attor- 
ney General,  and  tui-n  to  the  dis[)atches  and  documents  laid  on  the  table 
of  the  House  by  eonmiand  of  His  Excellency,  the  Lieutenant  Governor. 
Though  some  of  these,  in  accuracy  and  dignity  of  style,  arc  below  the 
ordinary  level  of  newspaper  compositions,  yet  they  wear  the  form  of 
public  documents,  with  which  alone,  and  not  with  squibs  and  lampoons,  a 
legislator  should  deal.  The  letter  of  the  21th  of  February,  handed  to 
the  retired  Councillors  by  Mr.  Dodd,  has  been  read  to  the  House,  and  is 
a  singular  composition.  Lord  Falkland  is  made  to  say,  that  his  "  sole 
object  is  to  do  e(pial  justice  to  all  parties,"  yet  the  leaders  of  the  liberal 


TiF.rLY  TO  Tin:  attorni-.y  cr.NinjAL. 


4G7 


(lovflopc 

•    lir    Iliul 
1   liUII'llt'll 

ni'iiaci'il. 
Id  of  the 

his  nohlo 
Ills  bosom 
lid  hanlly 
c'd  to  hi.^ 
ill  do  him 
and  pros- 
iv  liiiu  per- 
ils of  head 
|)assion9;" 
(Hind  him, 
I  the  spcc- 
xciting  the 

p  oflicc  ap- 
»rney  Gcn- 

at  lie  will 

of  the  ap- 
arged;  hut 
it  managc- 

ible,  I  am 
le  tree  has 
iiouth,  the 

le  manure, 

the  Attor- 
)ii  the  table 

Govcruor. 

below  the 
le  form  of 
arapoons,  a 

handed  to 
ousc,  and  is 
t  his  "sole 
'  the  liberal 


parly  wtM-'  driven  oiil  liy  an  aci  of  Ln'o.--;  injir-liri' ;  ;iiii|  in  tliis  Irttcr, 
writleii  after  the  wlmie  inllnencc  ol"  the  i;nverinnein  cciiiM  nnlv  -ccin-e  a 
bare  majority  of  one,  ilic  leinis  oU'rrril  wonlil  have  |il;ini|  iIhui  in  a 
j)0\vcrlos.s  and  eonteinplilile  ininoi'ily  al  the  ( 'uinicil  lioaril.  W'r  nii'j-lit 
have  ;ri>ni' baek,  after  a('i'e[iiing  the  term-  and  ('(indilion^  of  the  iinn- ; 
but  if  we  iiail,  om'  eharacnrs  wonid  have  been  wi'eclxcd.  and  we  wnnlil 
have  had  as  mucli  inllnenee  a^  lhre(!  nd  lienin;_r<.  Ili-  i'lxeelleney  is 
also  indueed  to  assnine  ;ireal  credit  for  laKin;^- '•  llie  Iniliiilive  >ie|i."  in 
this  neifotial ion.  Why,  who  .-lioidd  ha\eiaken  il  r  wlioeonld  lia\e  taken 
it  l)nt  His  I'vXeelleney  ?  Sappo-e  an  I'lni^di-ii  .-lale,~nian  were  m  lake  ihe. 
''  initiative  >lei),"  and  tinMistinic  hini-ell"  into  ihe  royal  elo-el,  dt  -ire  lea\  e 
to  l()nn  a  ealnnel.  Would  he  nol  be  kiiked  unl  ?  Snppo-e  we.  iiavini^ 
retired,  had  gone  up  belitre  any  ne^jjolialions  iiad  been  o|ieiied  wiih  \\<, 
and  olfered  a  proLirainnie  of  ;i  Couneii.  wliat  would  Hi-  i-ni'd-lii|i  have 
said?  Sir,  the  ''initiative  ~lep,"'  in  liuinini;  a  ( Jo\ei'nnienl,  nui-l  lie 
taken  by  the  sovereijj;n  or  her  repi'ecnIatiNc  ;  and  to  boa-l  of  takiii'j,-  it, 
i.s  abunt  as  wise  as  it  would  bi;  for  a  ueiulenian  in  a^kiuLr  .a  lady's  hand, 
to  desire  her  to  behold  the  highest  ]iroof  of  his  alfeetion  in  the  faet  of  his 
"taking  the  initiative  step." 

Then  we  are  told  that  His  Ivxeelleney  is  apprehensive  that  the  pulili(' 
good  will  be  sacrilieed  "at  the  shrine  of  ()arly  eonllici."  When  IMi-.  Al- 
nion  was  appointed,  it  was  to  prevent  the  inirodiu'iion  of  "  party  jiovern- 
inent,"  and  to  "allay  party  I'eelin;^'."  Ii  ha-,  as  we  warnecl  His  l^xcel- 
lency,  established  party  ^ov<'rinnent  ami  exasperali'd  pai'ties,  williouf 
being  approved  eviai  by  tho.-e  who  Jiave  been  indneed  to  sanelion  il 
by  the  pressure  of  executive  inthienoe.  I  know  not  how  l>rili-li 
institutions  arc  to  be  worked  in  this  or  any  other  country,  wiiliont  parly 
feelings  and  attachments;  and  surely,  the  nobleman  at  the  heail  ol'  the 
govermnent  >hould  regard  these  necessary  evils  with  indulgence,  seeing 
that  he  beh)ngs  to  a  party  that  convnlseil  all  I'higland  to  earrv  a.  public 
measure,  and  gave  IJristol  Wn-  two  days  into  the  hands  of  a  lawless  mob. 
But  if  we  examine  this  story  of  "justice  to  all  parlies"  a  little  closer, 
throwing  all  Lord  Falklamfs  projects  for  the  formalion  c)f  a  government 
together,  what  do  we  find  ?  That  the  old  Tory  party  would  have  had 
twenty  seats  in  Council,  and  the  \yivd  frienls  of  the  new  system  twelve; 
lliat  in  no  one  proposition  were  the  liberals  to  have  had  justice.  Look 
to  the  ap))ointments  throughout  the  year;  every  olfice  of  emolument 
given  to  their  own  party;  five  magistrates  commissioned  in  this  county, 
four  of  them  on  the  same  side,  liut  mark  the  stipulation-;  demanded  of 
us:  the  Attorney  General,  who  set  the  exampht  of  agilatiun  in  1810, 
required  us  to  promise  that  we  would  not  agitate  the  country  ;  all  our 


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108 


nr:pi,v  to  Tin:  mtorxky  (iknkral, 


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In-:  I    .11  ■;■''' 
I '.  Iff  i,.'i,i    . 

mm 

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k^  ''1 


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Jlin  1 


tncn^iin'-;  wcit  to  ! |»o.||kiiici1  lill  tliii->'  riniiiiMliii;.'  fVoiii  iIh'  I'-xcciilivc  " 

wrif  di-po-cd  of.  ^\'lly.  >\v.  We  liaxi-  Wiiili'il  l\vi»  criliiT  >( --ion-.  miuI  not 
II  siii;.''li'  iiic'i-iirf  li;i-  liirn  prnilin'cd.     ()iliri-i  wniilil.  ilun,  li.ivi'  liciii  iri- 

(h'liliili'ly  |i(i-t|Hiiiiil.      Iiiil    we  wci't'   |(»  1 viiiilnl    ill  ccrlaiii  iiiMllfis  " 

by  lliDH'  wii'iiii  wr  Kmw  wrrr  no  .^mI'i'  uiiiilc-;  \vc  witc  "lo  >lMtt'  oiir 
roiiciiiTciicr  on  iiinlhT-  oC  iiii|iortiiiii'i' "  \(yy  (jiinily  >li;i(lo\V((l  I'orlli;  to 
jrlvc  "  M  ilirrcj  i(iiiiiicI;ition  ol' a  <loctriiic  "  wliicli  was  iiiicr  noii-rn-c, 
and  a  *•  iVank  iccoM^nitioii  ol"  iIm'  ( iovcnior's  riulit  "  lo  srjiTi  a  mixed 
incdlry  ol'  111(11  tVoin  all  -ide-.  lioldiiiL'  no  o|)iiiioii-  in  coiiiiiion,  lo  ^il  in 
hU  Kxcciilivc  Council.  Tnily,  if  wr  had  acci'iiird  -I'at- on  -ncli  Icriiis, 
we  slionid  liMVc  ranicd  (he  coiitcmpt  and  cxccralioii  ol"  every  man  in 
Nova  Scolia.  'I'lie-e  sli|Hilalioii-  eiilier  nicant  .-(»nietliin.i.r.  or  lliry  meant 
notliiiiLT;  il'llicy  meant  noliiin'r.  iIh'v -lionid  not  Iiavo  lircii  made;  il'lliey 
nieanl  any  tllillL^  it  wa-;  the  alijeel  and  mean  -nri'eiider  ol' every  valiialtU; 
principle  that  we  liad  contended  for  all  our  live-,  liiit.  it  i-  said,  we 
ini;:lit  lia\('  ailirmed  or  denied  ihem.  \V<'  did  deny  tliem  ;  hut  we  feared 
that  the  ohjcct  was, —  if  we  ailirmed  llieiii,  to  entrap;  and  if  we  denied 
them,  to  inisrepre-enl  us.  What  ocenrreil  ?  This  very  h'tler  was  sent 
to  the  Colonial  Secreiary,  ;iiid  piilili>lied  to  the  world  as  eviih-nce  of  onr 
heterodox  opinions;  our  phiin  t'raiik  aii-wer  lieini:  ■tiulionsly  williladd. 
We  were  in  the  situation  of  jrciiilemen  invited  to  a  dinner,  luil  rcipiired 
to  pledge  ourselves  that  we  would  neither  pick  our  teeth  with  the  forks. 
nor  spit  on  the  drawiii,g-i'ooni  fender.  The  olfen-ive  laiiizMaL^c  of  the  in- 
vitation preelndecl  the  possibility  of  its  acceptance.  "We  re>pectl'iilly  de- 
clined ;  liiil  where  is  our  answer ':*  AVe  wrote  one  :  where  is  it  i:*  Why 
was  it  not  sent  to  the  Colonial  Secretary?  l'"or  the  he.-t  of  all  [lossihlo 
reasons,  —  beeanse,  if  il  bad  been,  it  woiilil  have  been  no  Ioniser  ])ossiblo 
to  misrepresent  llie  moderation  and  eonstitntionality  of  our  opinions. 
[Blr.  Dodd  here  explained,  that  he  was  only  empowered  by  Lord  Falk- 
land to  require  a  simple '*  yes  ■' or  "  no."J  I  diil  not  so  understand  it 
when  the  letter  was  delivered;  I  did  understand  that  the  learned  {gentle- 
man liful  no  authority  to  enter  into  a  j^enerai  negotiation,  to  propose  or  to 
accept  otlier  terms.  The  best  prtiof  that  we  did  not  eon.-ider  ourselves 
debarred  I'roni  giving  the  reasons  of  our  refusal  is,  that  a  letter  was 
drafted,  copied,  and  handed  to  that  gentleman.  It  is  said  it  was  not 
shown  to  Lord  Falkland.  Why?  The  conniiittee  will  guess  the  reasons 
when  they  hear  the  letter.  Mv.  Howe  then  produced  and  read  the  fol- 
lowing letter:  — 

IlaUfa.r,  -11  th  Fehn/ari/,  ISM. 
Sir,  —  We  have  maturely  weighed  the  jiroposition  made  to  us  in  the 
letter  from  the  Lioutcuaut  Governor,  put  hito  our  hands  yesterday,  and 


XCClltlVC 

I-.  mill  not 

(•  licill   ill- 

1  iii;ill<'l's  ' 

>i!ih'  tiiir 
1  I'orili;  to 

lioli-i'list', 
el  a  ini\<'"l 
1,  In   -il   in 

licll  IrrillS, 

I  ry  man  in 
lliry  meant 
lie;  if  they 
ry  valiialilt^ 
U  said,  wo 
It  we  feared 
[■  wv.  tleiiiecl 
IT   was  sent 
ciiei'  of  oiir 
ly  willilK'ltl. 
l)iil  re(|uirecl 
ill  I  he  fork-. 
"  of  the  in- 
)eetfiilly  lie- 
it?     Why 
all   [lossihlo 
l^er  jtossililc 
ir  oiiinioiis. 
Lord  Falk- 
iiderslaiid   it 
irned  ji;entle- 
iropose  or  to 
•  !•  ourselves 
I  letter   was 
il  was  not 
;s  the  reasons 
read  the  fol- 

Kiri/,  1841. 

to  us  in  the 
eslerday,  and 


lit 


iti'.ri.Y  TO  Tin;  ATT(ti!Ni:v  (;i;m;i:.\i,. 


4G9 


our  il"]il>eiiiic  jud;,'menl  I-  thai  we  ouuhl  iini,  iiinli  r  pii  cut  eiicuiu- 
slaiiee-.  Ill  jilin  ihe  e\i-lIiiL;  Council  ii|inM  till'  term  |ii'i>|iO'i  il  ;  ;iii,l  that 
if  we  dill,  ill-lead  of  |iermaiiiiii'e  and  liainjuilily  heiii;.'  the  rc-iili,  wi 
sIkmiIiI  liiit  e\|io-e  oiir-(d\e<  |o  a  lo«-  of  eoiifnlenee  and  inlhieiH'r  in  the 
lloiix'  and  in  ihe  eoiintry.  wilhoiit  luiiiiriii;.'  any  I'eal  >li'eii^'!hlo  ihe  ^'ov- 
ernnieiil.  Il  i-  not  iien--ary  lin'  u-*  to  -lale  at  larire  the  vironnd-i  upon 
wliirli  llii-  o|iiiiion  ha-  linn  fnrmnl,  ■,\<  we  are  reluelani  lo  -rem  lo 
freneli,  in  the  >liulile-l  de'.'i'ie.  npoii  iIh'  iiiile|ii'iiiliiil  e\trei-r  oi'iln'  pre- 
ro.L'Mlive.  We  have  not  only  no  de-ire  "to  -aniliee  the  u'ciieral  ;:ood  at 
the  .shrine  of  parly  eonll'M't,"  hut  may  add,  that  il  would  tilve  ii>  L'r<'at 
plea-nre  to  he  ah|e,  with  eoii-i>|eney  and  honor,  to  ;.'i\e  III-  l'',\eellciiey 
the  |,iiiit('iianl  ( !o\  ciiioi'  our  he-l  a--i-lani'e  in  the  eon  duel  of  iln'  adniin- 
istralioii.  provideil  -neh  ehaiiue  were  made  a-  would  olniale  thr  appear- 
ance ol'  a  party  lrinmi>h,  woiiiidimLT  to  our  feeling;-,  and  di  la-teful  to 
those  whose  feidinjis  and  intere-ts  we  repre-eiil. 

AVilh  rcL'ard  to  the  jj;enei'a!  princi|ilcs  of  iroveinineiit  appliralde  to 
these  Colonic-,  it  i<  only  neccs-ary  liir  n-  lo  ,-iale,  that  we  ha\c  always 
adhereil  to  tho-c  llowiii'i'  naturally  from  the  impnrtanl  dl-palehe-;  com- 
mmiicated  to  ihe  puhlic,  «anclIoiiiil  hy  the  <  lovcriior-( 'eneral  of  Canada, 
always  frankly  a\(iwed  hy  Lord  I'^alkland  ^ince  is  |il,  and,  in  |.s|:>,  cni- 
hodicd,  wilh  his  eon-eiit,  in  the  wrillcii  -talemeiil  eommnnicaled  hy 
yourself  lo  the  A-semhly.  '•  Xmnerical  rcpreseiilalioii  "  al  ihe  Coniieil, 
has  never  hecn  in<i-leil  upon  hy  u<  ;  Im!  we  hold  ihal  ii'  a  I'o.iliiion  is  to 
lie  formed,  hoth  parties  to  it  ou,L.dit  to  he  -ali-fn  d,  and  lliat  any  ;idniinis- 
fration.  to  he  iiseihl  and  ellicieiil,  >liould  possess  so  much  of  piihlie  eonli- 
deiice,  and  ('ordial  and  ireiieroiis  snp[iort,  as  will  lead  to  the  hariuonioiis 
t'ondiiet  of  pnhlie  adiiirs. 

We  tru-t  we  need  not   enlarj^e  on   thee  lopics,  a<  we  have  iVeipiciilIy 
discussed  them  with  you,  Jiiid  are  not  awan.'  that  there  exi-ts  helwee 
any  serious  dill'erenee  of  opini 


n  us 


on 


We  have  the  honor  to  he,  sir,  yom-  ohedient  servants, 

Ja^iks  1).  Umacki:, 
.Tamks  MeNAi',, 
do.-i.i'U  llowi:. 

If  th.'it  letter  had  jrono  to  the  Colonial  Soorotary,  wc  eould  not  have, 
been  aeeused  throiii^hout  the  year  of  wi>Iiing  to  "wrest  ihr  prerogative," 
"  the  in(h'[)endent  exercise"  of  which  we  fully  n-eovrni/ed.  Wo  eould 
not  liave  been  eharaed  with  forcing  "]i!irty  govcrnmeiil,"  whin  wt-  had 
declared  onrs(dves  tmly  desirous  to  '"ohvialethe  apjiearanci!  of  party 
tnuini)li."  That  letter  would  have  furnished  oui-  ju-tilieation  to  all  the 
40 


I   '      '.] 


,    I 


t    J 

r-' 

^■i^^ 

P 

1  It" 

h'w' 

n 

') 

1 

i 

13 


If 


»;}.: 


i 

i  l!;f 


■i'  1-- 


Hi 


470 


KEPLY  TO  THE  ATTORNEY  GENERAL. 


workl,  unci  the  Ilou.-e  and  tlic  country  will  rc(iuire  lu  know  why  it  has 
t-lept  Ibf  a  year  in  the  Sohritor  Gent-ral's  iiookct.  [Mi',  llowo  al^o,  at 
Mr.  Dddd's  r('(nic'st,  rd'crrcd  to  ami  read  a  note  from  that  gcntk-raan, 
ckilcd  :2Sth  February,  giving,  as  a  ica^on  for  not  prosintiug  tlie  k'tter  tu 
the  Governor,  tlial  lie  consiih'red  the  negotiali(jii  closed.]  There  were 
two  passages  in  the  original  ih'al't  of  the  h'tler,  >aid  IMr.  llowe,  which 
ivcre  struck  out  of  the  copy  handed  to  the  k'arned  Solicitor  General,  be- 
cause we  did  not  care,  in  such  a  nfgotiati(jn,  to  nndli[)]y  words,  or  accu- 
mulate debateable  nuUter.  As  tliey  convey  our  c)pinion.s  upon  two 
points  touched  iu  the  letter  from  Lord  Falkland,  more  co;  '.  dy  than  I 
can  express  tlieni,  with  the  [)erniission  of  the  committee  I  shall  read 
them :  — 

"Agitation  of  the  country  upon  any  topic  not  involving  the  char- 
acter (jr  measures  of  the  government,  we  deprecate.  Two  of  us  have 
never  been  pai'ties  to  any  su'-h  movements,  and  the  third  was  i-eluctantly 
compelled  (wiih  His  Kxcellency's  permission)  to  follow,  U[)on  the  ques- 
tion of  education,  a  vicious  example,  set  lor  lour  or  live  months,  by  a 
prominent  menJjer  of  the  present  ICxecutive  Council. 

"That  a  Colonial  (iovernor  stand.-,  in  all  resjiects,  in  the  same  relation 
to  the  Assenil)ly  that  the  sovereign  does  to  the  House  of  Commons,  -svc 
believe  is  not  held  to  be  sound  doctrine  by  any  partv  in  our  Assembly, 
that  he  "  can  do  no  wrong,"'  in  the  comprehensive  .-  use  applied  to  the 
sovereign,  we  have  never  heard  advanced.  Acts  f  Parliament,  dis- 
patches, and  instructions,  nnist  bind  all  Governoi's,  iri  ijendent  of  Pro- 
vincial legislation,  and  the  responsibility  to  his  sovere  n,  which  a  Gov- 
ernor can  devolve;  on  no  man,  includes  the  possibility  <  wrong-doing,  of 
which  he  from  whom  his  authority  is  derived,  only  cai  udge.  The  doc- 
trine, as  stated  in  the  recent  debates,  we  understood  be  this:  that  the 
members  of  Council  are  bound  to  defend  the  Gov(  lor'a  acts,  and,  in 
Parliament,  and  elsewhere,  ought  to  be  charged  will  vhateveris  wrong 
in  the  conduct  of  the  administration,  in  order  that  the  representative  of 
Majesty  may  be  at  all  times  ]»laced  in  the  mo.-t  exalted  and  gracious  as- 
pect before  the  people  over  whom  he  preside>." 

Here,  then,  is  our  view  of  the  doctrine  of  Fxecutive  responsibility. 
It  coincides  with  the  opinions  of  all  the  leading  Canadian  statesmen,  on 
all  sides  of  politics  ;  and,  at  the  time  it  was  wrilten,  we  had  in  our  pos- 
session a  {)amphlet,  prepared  by  Sir  Charles  ^letcalfs  government,  in 
■which  it  was  stated  with  clearness  and  precision  —  a  i)amphiet  said  to 
have  been  sent  to  England  with  his  entire  approbation.  1  put  it  to  the 
committee,  then,  ilj  under  all  the  circumstances,  we  did  not  act  with 
llrmness  and  discretion,  holding  stoutly  to  our  own  rational  opinions, 


li!l 


'  why  it  has 
lowo  also,  lit 
t  gentleman, 

the  k'ltcr  to 

Tlioro  were 
[lowe,  uliieli 

Gciieial,  1)C- 

;nl.-,  or  aeeu- 

is    ni)on   two 

:  'Ay  tlian  1 

I  shall  I'caJ 

ng  the  ehar- 
o  of  us  have 
as  reluetantly 
[)()n  the  ques- 
uiunllis,  l»y  a 

same  relation 
Connnons,  avc 
)iir  Assembly, 
iipplied  to  the 
irliament,  tlis- 
dent  of  Tro- 
whleh  a  Gov- 
ong-doing,  of 
re.     TIic  doc- 
this :  that  the 
lets,  and,  m 
tever  is  Avroiig 
escnlative  of 
id  gracious  as- 

rcsponsibility. 

talesmen,  on 
id  in  our  pos- 
overnment,  in 
nphiet  said  to 
I  put  it  to  the 

not  aet  with 
onal  opinions, 


nEPLY   TO    TTTE    ATTOT.'NEY   GENERAL. 


471 


ho'^ed  upon  sound  ]iriniMples  nnd  llie  best  authority,  and  declining  to 
swalii»\v  tlin<e  of  our  opponeiil-;,  whieh,  from  the  exposition  given  of 
them,  no  liiunan  Ix'ing  could  iiiidersland. 

1  eonie  now  to  a  eireinn-lanee.  wliieii  ]  shouM  nevov  have  mentioned, 
bur  tiir  the  M-ry  exti'aoi'dinary  eoiu'se  whieli  Lord  Falkland  ha>  been  ad- 
vised to  pursue.  I  entered  his  govermnent  in  ISlO,  under  difheidtie-^ 
which  i'fW  [xililic  men  would  have  encountered,  with  no  other  object  than 
<o  assist  in  working  out  new  principle-;,  which  I  b(dieved  lay  at  the  foim- 
dation  of  good  govermnent,  here,  and  the  permanence  of  liriti-h  do- 
minion on  the.  American  continent.  I  served  him  twoyeiirs  without  any 
ollice  of  emolument,  or  any  peeimiary  advantage.  An  ollico  fell  vacant ; 
he  olfered  and  I  accepted  it.  lie  subse(|iiently  eonnnitted  errors  which 
I  could  not  defend.  1  resigned  my  ollice,  and  retired  from  the  govern 
ment.  All  tliis  gave  rise  to  no  feeling-:  of  resentment  on  my  part ;  it 
was  the  natural  o[ii'ration  of  tlie  sy>tem  to  which  my  public  life  is 
pledged.  AVhatever  may  be  thought  or  said  by  my  enemies,  it  is  not  in 
my  nature  (o  have  conlidenc(>  and  kindly  intercourse  with  any  man, 
without  f('eling  an  interest  in  his  ■\vellare.  From  what  I  know  of  Lord 
Falkland's  peeidiar  temperament  ;  IVom  what  I  know  of  those  who  sur- 
roundi'd  him;  from  what  I  saw  in  the  papers,  and  in  the  letter  of  the  21th 
of  February,  I  was  (piite  satisfied  that,  unless  some  vigorous  step  was 
takcTi  to  prevent  it,  he  would  be  brought  into  violent  collision  with  the 
wliole  liberal  party;  and  that,  from  tliat  moment,  the  character  and  efli- 
ciency  of  his  administration  would  be  at  an  end.  Down  to  the  close  of 
the  negotiation  with  Mr.  Doild,  and  f(tr  some  days  after,  though  I  could  not 
sacrifice  public  principle,  I  would  have  burnt  my  house  over  my  chil- 
dren's hea<ls  to  have  saved  or  to  have  served  Lord  I'alkland.  The  nature 
of  my  feelings  was  well  known  to  my  political  and  personal  i'riends.  On 
the  morning  of  the  2!Uh  of  February,  some  <lays  after  the  comnnmication 
was  made  through  INIr.  Dodd,  I  met  a  personal  friend  of  Lord  Falkland's 
and  my  own,  in  Dutch  Town.  "We  discussed  the  state  of  affairs,  iuid  ex- 
pressed similar  o[)inions,  as  to  the  per[ilexed  a-pect  which  they  presented. 
I  had  meditated  on  a  mode  of  extricating  the  (iovernor.  by  a  sacrifice 
purely  personal,  which  I  then  resolved  on.  ]My  friend  consente(l  to  carry 
a  note,  which  was  to  be  Iturnt  if  tlie  [)roposition  was  rejected  —  to  be  re- 
turned if  His  Lordship  decli.ied  to  entertain  it.  The  note  which  1  hold 
in  ni}  hand,  was  written  and  sent  that  t()renoon.  The  pledge  of -ecrecy 
required,  and  which  was  essential  to  the  success  of  the  measure,  wa-  re- 
fused, and  the  note  returned;  whether  for  His  Lordshi})'s  advantage,  or 
the  petice  of  the  Province,  the  coimnittee  will  judge  by  its  contents:  — 


!^:i 


mi 


If 


'H 


y  'I 


M||i,:| 


r  i 


472 


REPLY   TO    TTFE    ATTORNEY   GENERAL. 


M<M  ,' 


M 


I  i>i 


'i',i'  ' 


\rpmn 


1  I 


p 


\i 


^Sfv  Loud,  —  Tlif  small  niajoi-iiy  whicli  supports  your  govornmont, 
and  liic  strcuLrlli  oi'tln'  njipD-iiiou,  make  it  (li'siralilc.  Tor  tiic  jd'acc  of  the 
oountiy,  that  thoro  should  he  sueh  an  an-augcinciit  hetwccn  the  couteiKl- 
hig  purtii's  as  will  give  (he  recpiisitc  support  to  the  adiniui>t ration,  and 
at  the  same  time  he  satisliiclory  to  the  eountry.  This  eould  not  he  done 
on  the  hasis  pr<:)[)osed  in  Your  Lordship's  letter,  for  various  reasons.  I 
think  it  may  he  accomplished,  if  two  imlividuals,  oik"  oh  each  side,  to 
•whom  .-troMg  exceptions  ar(>  taken  hy  the  advers<'  parties,  uere  to  waive 
their  claims,  for  the  sake  of  peace,  nn<l  then  the  dilliculties  would  he 
over. 

As  Your  Lordship  is  aware  of  the  delicacy  necessary  in  making  these 
suggestions,  and  as  I  have  yet  no  assurance  tluit  others  woidd  concur,  I 
have  laucn  this  mode  of  ascertaining,  whether,  in  the  event  of  my  yield- 
ing any  claims  I  may  he  supposed  to  have,  to  some  other  liheral  less 
ohjectionahle.  Your  Lordship  would  he  disposed  to  consult  (he  feelings 
of  the  opposition,  hy  a  corresponding  removal  of  an  individual  on  the 
other   side. 

I  (rust  Your  Lordship  will  do  me  no  injustice,  hy  supposing  that  I 
have  any  interest  in  (his  mat(er;  as,  in  the  event  of  such  an  ar- 
rangement heing  mad<%  I  have  other  views,  which  would  preclude 
me  from  accepting  oilice  in  a  government,  of  which  I  was  not  a 
member. 

I  have  the  honor  to  he.  My  Lord, 

Your  Lordship's  obedient  servant, 

February  29.  JosKrii  Howe. 

This  was  the  temper  and  spii-it  in  which  I  acted,  with  one  single 
object,  down  to  the  :-".hh  of  February.  The  "pretensions"  dispatch 
appeai-ed  in  The  Gazette  that  evening.  The  note  was  read  to  Mr. 
Dodd  the  next  morning;  but,  after  that  ill-judged  publication  in  The 
Gazette,  the  whole  I'eeling  of  the  lib(>ral  party  was  changed.  "With 
these  plain  facts  before  them,  this  committee  will  judge  whether  I  have 
deserved,  at  the  Lieutenant  Governor's  hands,  (he  treatment  I  have  re- 
ceived ;  whether  the  charges  of  selfishness  ami  ambition,  showered  upon 
me  by  the  government  scribes,  require  any  other  answer. 

Let  me  turn  your  attention.  Mr.  Chairman,  to  the  subsequent  negotia- 
tion in  .Tidy.  The  responsibility  of  rejecting  the  overtures  made,  rests 
not  uj)on  me.  I  do  not  complain  that,  in  this  case,  the  notes  which 
passed  are  published;  although  I  nuist  confess  that,  in  my  judgment,  (he 
mode  will  be  i'ound  strangely  inconvenient,  if  it  is  to  be  Ibllowed  here- 


Dvonimont, 
cacc  of  the 
lie  contcnd- 
l ration,  and 
not  be  ilonc 
r('a>ons.  I 
ach  side,  to 
■re  to  waive 
s   Avoidd  be 

laking  the.-c 
lid  eoneur,  I 
of  my  Yi<'ld- 
•  rd)cral  lesr? 
tlie  feelings 
idual  on  the 

losing  that  I 

such  an  ar- 

nld   pveeliide 

;   wari   not  a 


•ant, 

'II  Howe. 

1  one  singh"! 
,ns"  dispateh 
read  to   ^Ii'. 
ition  in  The 
mged.     AVith 
ther  I  have 
t    I  have  re- 
lowered  upon 

[uent  negotia- 
vs  made,  rests 
notes  whieli 
judgment,  tlic 
bUowed  herc- 


RKrLY   TO   Til  10    ATTOIJXKY    GKN'KRAI. 


473 


after.  At  home,  negotiations  for  the  foi'ination  or  strcngthcuiii,'  of  a 
government,  are  eondiiclcd  by  the  sovci'cign  in  the  royal  clo-cf,  or 
throiigii   some   distinguished   jiersoii.   in    the   mo-t    eoiilldi'ntia!   manmr. 


Tlie  main  liicts  involved  in   those  ne'jrotiati( 


)ns  are  ( 


liscIo<cd   to    Parlia- 


ment, if  ther(!  exists  a  paramount  neee-sity  ;  but  tin'  eommunieations 
Avhieh  pa-is,  and  -which  often  in<'liide  much  euriou-;  matter,  are  rarely 
iriven  to  the  world.     If  thev  \\eri'  to  be,  in  all  <'a-es.  the  conlidenee  so 


e-senlial  to  the  secui'ity  and   iudepeiidiait  action  of  tlie  crown,  wonlil  b 
destroyed.     A  flovernor,  who<e  advisei's  hav 
tion,  will  eonduci   his  negotiations   in   sue 
are  not  renioveil,  his  i'mbai'ra<sments  will  n 


ave  ordniai'v  tact   and  <li-cre- 
h  a  wav  ihat,  if  his  dillicidtie^ 


.t   1 


i)t    he  nirrea^iM 


1.     W 


lat  was 


done  in  this  (vwe  ?  Five  notes  \\cvr  wi'illen  to  live  diU'ereut  gentlemiai, 
otiering  seats  in  Council,  in  which  the  name  of  a  per-on  was  meiuioned, 
and  markeil  with  disapprobation,  who  sought  no  iavoi-  from  the  (lo\ei-- 
nor,  and  whose  conunou  lights  of  (•ilizcnshi[)  were  violated  by  this 
gratuitous  attack  upon  him.  Tlio-e  who  advised  this  course  had  their 
own  peculiar  objects.  'I'o  proscribe  an  op])ouent,  lhe\'  thonglit,  was  to 
crush  him;  to  break  down  the  ln'idge  behind  Lord  I'alklaml,  was  to 
prevent  the  po~si 
to  the<e  absnrd  I 


bility  of  his  e-cape.      When  Ilis  Lordship  put  hi-  i 

d 


ir.nu! 


eller-. 


nlure  wa^  stamped  upon  tli"  whole  negotiation  ; 
a  crime  was  im[>uled  which  had  been  coniirmeil  by  no  tribunal;  the 
crown  was  made  to  accuse  a  suliject,  without  staling  tin  grounds  of  the 
accu-allon.  Apolitical  parly  was  aske(l  to  countenance  ;  to  lie  parlies 
to  this  strange  impeachment  ;  to  come  inio  the  go\ ci'iiment,  ami  aitl  their 
old  enemies  to  plant  their  feet  on  the  neck  of  an  old  friend.  "What  fol- 
lowed ?  I  speak  not  now  of  the  conversations  which  oc(airre(l  lielwei  n 
the  Attorney  C^'ueral  and  my  friend  ^Iv.  Luiacke  ;  of  the<e  I  know 
nothing;  but  T  am  talking  of  what  passed  when  the  liberal  pai'ly  met  to 
consider  the  proposition.     AVith  one  voice  they  i-ejecled   it,  wilhonl   my 


mterterence 


Tl 


II'  wnoie  aim,  and  scoite,  am 


d  ob 


nr 


etralived  by  the  combined  action  of  tin 


entire   part}'. 


this  dispatch,  is 
The  neu'o'.iation 


was  at  an  en<l ;  it  had  failed  ;  and  Lord  Falkland  was  slill  more  deeply 
oonimilled,  without  being  velicveil  from  his  dillicnltie-.  "What,  again, 
was  the  conduct  of   the  man  he  dilliihls   to  deuoiiiice   and   proscribe? 


his  hoii-ehold  scril 


ililel'-  .'    WllO 


whose  grasping  amlntion  is  Hie  tlieine  < 
he  proclaims  to  Lord  Stanley  has  no  infliience,  and  yet  will  be  ilc-fxiio 
Governor,  if  1h!  admits  him  to  his  Conncil?  Finding  this  (diim-y  intrigue 
unanimously  resisted  by  the  lilierals,  T  thought  only  of  the  peace  of  the 
eountry.  I  then  stated,  that  though  I  eared  nothing  for  the  public  pro- 
scription of  myself;  the  precedent  was  dangerous,  and  ought  iiol  to  be 
sanctioned.  That  i(  it  was  withdrawn,  and  power  given  to  the  Aitorney 
40* 


! 


I  ■■■■     \ 


'.; 


Vi 


/  i  .! 


47t 


IIEPLY   TO    THE    ATTOKXEY   GENERAL. 


u 


m 
jiff 


:!»' 


i? 


I 


(ii'iicral  :m'l  ^Fr.  1 'iiinrkc,  to  form  a  ('oiiiicil  of  nine  or  ten  (Voin  tlin 
two  parlies,  that  uiy  claim-!  slioiilil  not  >taii(l  in  tlic  way  ol"  any  I'aii-  and 
lionora!)I('  aiTaiiiicniciit.  Fi'orn  tlui  trralnnMit  I  liad  rccciscd  from  liord 
Falkland,  I  had  much  to  I'orirct  hcf'oi-c,  I  t'onld  cntci-  hi<  irovcriimcnt, 
bat  that  T  would  suppoi't  if,  ciihei'  in  or  out,  if  my  friends  were  salisdcd. 
On  this  basis,  Mr.  LJniackc  was  cmitowcrcd  to  ncifolialc  ;  and,  whatever 
may  have  passed  between  him  and  otla-rs,  1  am  (jnite  satisfied  that  lie 
acted  honoraiily  up  to  the  spii'if  of  his  insfrnelions.  FindinLT  that  the, 
proscription  wa-*  to  be  a<l!iered  to,  and  that  the  liberal  parlv  would  not 
jirocecd  a  sle[)  till  it  Avas  wilhdi-awu.  he  commmiicaled  the  fact,  and 
abandoned  th(>  negotiation.  These  are  the  facts,  as  far  as  they  came 
to  my  knowledge,  and  the  committee  and  th(.'  coimtry  can  now  judge 
whether  '•the  opposition  were  ready  to  agree  to  the  e.\(•lu^ion  of  'Sir. 
Jose|)h  Howe."  ]\Ir.  Howe  was  willing,  as  n-^ual,  to  agi'ce  to  his  own 
cxt'lnsion,  but  Lord  Falkland's  .-a'jfe  Councillors  thought  more  of  revenue, 
than  of  his  honor  or  the  peace  of  the  country. 

]Mr.  (.'hairman,  1  fear  not  the  Judgment  of  the  Colonial  Secretary,  nor 
of  th(!  country,  when  my  conduct  throughout  this  trying  year,  is  fairly 
stati'd.  The  lime  has  come  when  I  must  do  mvself  iusti<'e.  An  honest 
fame  is  as  dear  to  me  as  Lord  Falkland's  title  is  to  him.  His  name  nuiy 
be  written  in  Uurke's  Peerage;  mine  has  no  record,  but  on  the  hills  and 
vallcjys  of  the  country  which  God  has  given  us  i'or  an  iidieritance,  and 
must  live,  if  it  lives  at  all,  in  the  hearts  of  those  who  ti-ead  them. 
Their  conlideiiceand  i'e>[)ect  nuist  be  the  reward  of  their  public  servants. 
Ibit  if  these,  noble  Pi'ovinces  are  to  be  preserveil,  tho.-e  who  represent 
the  sovereign  must  act  with  courtesy,  and  digiiily.  and  truth,  to  those 
who  I'epi'esent  the  peo[)le.  AVho  will  go  into  a  (Joveruor's  Council,  if, 
the  moment  he  retires,  he  is  to  have  his  loyalty  impeached  ;  to  be  stabbed 
by  secH't  dispatches;  to  have  his  family  insulted;  his  motives  misrepre- 
sented, and  his  character  reviled':'  "What  Xova  Scolian  will  be  safe? 
What  Coloni-t  can  defend  himself  from  such  a  system,  if  a  CJovernor 
can  denounce  those  he  happens  to  di>like,  and  get  up  ]>ersonal  quarrels 
■with  individuals  it  maybe  <'ouvenient  to  di'stroy?  Put,  sir.  the  gross 
misrej)reseulatiou  of  my  conduct  and  position,  in  th<>  dispatch  of  the  2nd 
of  Angn.-t,  is  nothing  to  the  dishonor  it  heaps  upon  the  lil)eral  party.  It 
jiainls  them  as  ready  to  sacrifice  me  i'or  defeiidmg  them;  as  without 
leaders,  principles,  or  union.  Now,  sir,  is  this  ti'ue?  "Was  it  true  in 
August  ?  And  if,  without  a  shadow  of  i'oundatiou,  should  it  have  been 
palmed  olf  on  the  Colonial  Secretary,  under  the  sanction  of  the  (Jover- 
nor's  name  ?  "We  are  told  that  the  government  "  had  ac(|uired  addi- 
tional firnmess  iind  stability,   uilhiu   a  fortnight."     If  so,  how   did  it 


11  from  tho 
my  liiir  ami 
I  from  Liinl 
niVfriiHiciit, 
■re  salisli'''!- 
Ill,  wluiti'vci- 
tli'd  that   lie 
iiiix  that   the. 
V  would  not 
;li('   i'act.  and 
^   iht'V  caiiic 
1   now  jiahio 
wAim  of  ^Ii". 
L!  to  his  own 
re  of  revongo, 

;cciTtary.  nor 
year,  is  faiHy 
'.     An  honest 
Tm  name  may 
1  ilie  hills  and 
herilanee,  and 
tread  them, 
hlie  servants. 
l;o  represent 
■nth,  to  those 
■\s  Council,  if, 
to  be  stabbed 
ves  misrepre- 
^vill  be  safe? 
f  a   (lovernor 
onal  (piarrels 
>ii-.  the  ji'ross 
!eh  of  the  2nd 
>ral  parly.     It 
m  ;  as  -without 
iVas   it   true  in 
1  it  have  been 
of  the  (iover- 
ae({uired  addi- 
so,  how   did   it 


RKPLY   TO    THE   ATTORNEY   GENERAL. 


4  ^  ." 


l.a 


ppon. 


that,  in  the  summer  session, 

del 


but 


one  ([ur-iioii  was   rai-cil  ?  and 


upon    that  one,  alter    a  deliate   m  wlni'li   their    leaiiers  took    tiie   most 
prominent   part,  the  views  of  liii'  oppo.-iliou  wer<>  adop;ed? 


r>ut  tiiey  Iiave  no   "aeknowledLjed  lead 


er, 


II 


ive  they  not 


Tl 


leii 

let  there'  be  no  mistake  about  that  point  liereafl<'r,  for  tiie  oppo-ilioii 
"acknowledge"  the  Iioiioral)le  and  h'ai'iieil  member  for  Cape  Ureion  as 
their  leadei'.  AViiellier  iIktc  is  a  waul  of  "  eoncerl  "  ami  "  delerminate 
action'"  this  divi-iou  will  >liow.  Ihit  "IMi'.  IIowe"s  iulliience  is  greally 
diminished!"  ]*ei'liapSM);  Iml  was  this  proved  Iiy  the  addre-~es  pi'e- 
sented  to  his  Kxeelleiiey,  or  liy  ihe  eigiit  or  nine  |iublic  nieeiings  siil)-e- 
qu<'ntly  held?  I  think  not;  and  if  there  i~  still  auy  doubt,  when  the, 
S])ring  opens  [  shall  have  no  objections  to  lake  my  rod  and  go  angling 
■with  "  Scrutator,"  east  or  west,  and  di\ide  with  the  governmiul  ihe  suf- 
frages of  any  county  we  may  visit,  if  J  do  nol  beat  them  iu  them  all. 
Sir,  the  only  "  influence"  1  have  ev(.'r  sought,  or  now  po->es<.  i-  iIk?  in- 
fluence arising  out  of  principles  steadily  au<l  c oii.-i-leiilly  adhered  to. 
If  the  liberal  party  had  niediialed  oi'  done  what  is  charged  upon  llieiu 
in  this  dispatch,  the  di-honor  would  have  i-e-led  upon  tliein.  and  n(jt 
upon  me.  Uiit  a  cartload  of  dispatches  would  not  make  nie  belimi;  it, 
or  induce  me  to  harbor  a  su-piciou  llial  my  learneil  friend  from  Ca[)e 
l)reton  acted  unfairly  in  the  negoliation  into  which  he  was  drawn.  That 
gentleman    and   I   started   from   diflerent   points    in    life,   wilh   diirerent 


frieiK 


stood  each  oth 


and  adverse  oniuions;  \v( 


contended  In  this  arena  1 


ill  we  umler- 


<■!•,  and  iiiilil   the   true   pruicip 


les    of   C 


olouial   e'o\('r;iment 


were   develope(l  liy 


our  colli>ions 


111    ]''S  |0  we  embraci 


,1 


hem   111  a 


11 


sincerity;  for  three  years  we  worke(l  harnionioudy  in  ihe   same  govern- 
ment,   retired  for  ihe   >ame  cause,  and  ali!iouL:li  1  know  and  aniireciate 


the  diiricullies  and 


the  a 


rls  liv  which   mv  leariie(l    friend    ha-    been    sur- 


roum 


led,    I    must    have  l)(,'lter  evidence  lliaii  the  te-1 


imiiiiv  ol   our  oiiiio- 


iients,   wiio<e    o 


biecl    is   t( 


)  sow  dissension,  lieion 


■t  1 


u-peci  mm  ol  dis- 


honor, 


inucli  im 


'J'o   h 
lebte.! 


1111   ainl   to   all    Willi   whom 


lia\('  lieeii  a-socialei 


1,1 


im 


)!•  the  manly  lirmne-<  they  havi;  di-played. 


I  feel,  sir,  that  I  h; 


ive 


tre-passt'd   too   long  on 


the    1 


line   ol    tins  com- 


mittee, and  thank  tla'm  for  ihe  attention  with  which  I  hav 


e    hei'ii 


heard. 


Let  me  say  in  conclu-ion,  that,  as  throughout  my  life  I  have  valued 
olfice  and  honors  lightly,  so,  at  this  moment,  there  is  nothing  of  p(.'r>oiial 
terest   that   would   induce  me   to  oppose  the  government  t()r  an  hour. 


Ill 


I  have  conttMided  —  I  am  now  contending,  for  jirineiple-,  liir  a  .^y.-lem, 
•which  I  believe,  if  worked  out  with  discretion  and  good  liiiili,  will  bind 
these  Colonies  to  the  parent  state  lor  a  century  to  come.  It  i,-  liecaiise 
these  princi^iles   have   been   violated,  because  their  old  enemies  are  in 


[ 

■': 

'I 


ill,,! 

- 1  i 


I  ■'    I 


i»t   1 


1 1    '11 
I  'I 

I 


(, ' 


.,1      ' 


^[ 


!i 


in 


m 


47G 


REPLY   TO   Tlir:   ATTORNEY   GENERAL. 


power,  lliat  I  am  in  opposition.  It  is  by  a  (Icpartiirc  from  j)rinriplc, 
ami  ail  alt('mi)t  to  proscrihc  a  llrilisli  siihjcct,  tlint  I  Iiavc  liccn  drivin  to 
this  (Icrciu'c.  Tlie  priM('i|»k's  involved  licrc  arc  illiisiralcd  Iiy  the  history 
of  our  race.  Had  Charles  the  First  not  acted  on  likes  and  dislikes  ; 
had  he  not  yielded  his  eontideiiee  to  supple  I'avoriles,  and  proserihed  the 
men  aoeejjtahle  to  lln'  nation,  Lord  Falkland's  ancestor  miirht  have  died 
a  minister  of  state  instead  of  on  tin'  lii'ld  of  l)attle,  and  the  nioiiarch 
might  have  saved  his  head.  "What  was  the  princifjle  settled  in  1088? 
It  was  this,  —  that  no  man  should  thereafter  he  [iroseriljed  i'or  opinions, 
or  crushed  hy  court  intrigiK!  ;  that  every  llritish  snliject  should  he  eliirl- 
blo  to  ollice  who  possesseil  the  conlideiice  of  the  nation.  H'  the  sover- 
eign were  to-mori'ow  to  announce  that  siie  would  not  have  a  particular 
statesman  in  her  Cal>iiiel,  the  i)eo|)le  of  Kngland  would,  with  one  voice, 
address  Iier  tiiiis  :  "  JMea.-e  Ytiiir  ^lajesty,  we  care  not  for  the  man,  but 
there  is  a  i)rinciple  involved  in  tiiis  [iroscri[)tion  which  lies  at  the  foun- 
dation of  our  freedom."  It  is  thus  I  feel.  I  care  not  for  myself;  liut 
let  the  people  of  Nova  Scotia  show  less  firmness  and  intelligence,  and 
there  will  tdways  he  somebody  to  hate,  or  to  proscribe;  the  sovereign's 
representative  will  never  be  IVee  from  personal  s([iiabbles,  and  constitii- 
lioiial  goverimient  will  be  at  an  end.  Sir,  I  deny  not  to  Lord  Falkland 
the  I'ight  to  govern  this  eoimtry,  >o  long  a-  u  majority,  however  small, 
sustains  his  adiniiii>tration.  I  ([uestion  not  his  right  to  u<e  every  consti- 
tutional means  to  foi'in  a  Council  wllhout  me,  or  any  other  man  whom 
lie  believes  ought  not  to  be  included.  Ihit  1  deny  his  right  j>ubricly  to 
denounce  a  Urili^h  siiliject,  within  or  beyond  the  limits  of  his  govern- 
ment. I  question  tiie  policy  of  splitting  (\)uneils  by  injustice;  j)ro- 
jiounding  j'rinciples  and  denianding  stipulations  which  nobody  can  un- 
derstand;  employing  government  scribes  to  defame  public  men,  and 
then  proscribing  them  for  manly  self-defence.  I  question  the  policy  also 
of  conducting  public  business  with  slender  majorities.  "We  have  the 
outhorily  of  Lord  ^Melbourne,  eontirmed  by  Sir  Ivobert  Peel,  that  a  weak 
governnu'nt  is  u  bad  government.  A  contrary  opinion  has  been  ex- 
pressed here,  founded  on  the  belief,  that  I'rom  a  weak  government  any 
man  may  get  what  he  desires.  The  same  may  be  said  of  a  weak 
woman  ;  but  surely  the  strength  of  virtue  and  of  principle  is  to  be  pre- 
ferred—  strength  to  do  what  is  right,  to  resist  what  is  wrong.  In  con- 
clusion, allow  me  to  say,  that  whatever  may  I)e  the  decision  of  this  com- 
mittee, where  I  stand  opposed  by  the  whole  influence  of  government,  I 
believe  that  I  have  met  every  charge  by  a  triumphant  answer ;  that 
those  who  have  forced  this  defence  upon  me,  and  not  T,  will  live  to  (ind 
their  conduct  universally  condemned.      For  my  part,  I  feel  as  a  man 


principlo, 
I  driven  to 
ho  history 
I   (lisUkcs  ; 
;cril)('(l  the 
litivi'  dicil 
('  nioiiiirc'h 
in   KIHS? 
r  opinions, 
1(1  he  cliiri- 
tlic  i^ovcr- 
particuhir 
I  ono  voioc, 
k;  man,  hut 
t  the  foiin- 
nysclf;  hut 
iiit'uce,  and 
r^()V(,'rcij^n's 
nd  constitu- 
•d  Falkhuid 
vcver  small, 
veiy  consti- 
nian  Avhom 
|)uhlicly  to 
his  govern- 
ustiee ;  pro- 
lody  can  un- 
mcn,   and 
policy  also 
e   hav<>   the 
that  a  weak 
;is  hccn  ex- 
rnment  any 
of  !i  weak 
s  to  he  prc- 
r.      Til  con- 
ot'  this  com- 
)vernment,  I 
mswer ;  that 
ive  to  lind 
L'cl  as  a  man 


'i'T 


e 


OENEHAL  r.nrLY. 


477 


may  feel  across  Avhose  path  a  nolile  tree  ha-  i'alliii ;  iIkiIIuIi,  in  il-  de- 
scent,  his  ffanneiits  may  have  liccii  -dilcd,  ami  hi-  life  cnilaiiurrrd.  he 
turns  III  <<;v/.i'  with  regrd  on  the  pi'idi'  ol'  llie  Hire.-I,  I'allen  linm  \[<  hiiiJi 
c.-lalc,  ils  root-  lacerated  and  lorn,  ils  >tately  Itranches  cru:-lu'd,  and  its 
foliage  (hiltering  on  every  passing  hreeze. 

Ten  days  of  aniiiiaiiNl  dljictissidii  l'oll()\vc(l  the  diTivery  of 
Ihis  sjx'ccli,  and  into  \vliicli  all  sorts  of  topics,  ri'lcvaiit  and 
irrclfvant,  \\vyv  draw  ii.  Mr.  ]Io\v»>  was  not  spared.  I'iVcry 
iiuMiiber  and  snpportcr  of  the  administration  had  a  llini,'  at  Iiiin, 
and  a  slrani,rer,  Avlio  wandered  into  lin-  lobby  miifjit  have  sii})- 
posed  that  he  was  a  maniae,  who  had  attempted  to  ent  Ijord 
Falkland's  throfit,  instead  of  a  well-disposed  person,  as  is  now 
universally  admitted,  who  was  teaeliiiii,'  His  Lordship  the  lirst 
])rineiples  of  julministration  —  the  scieneo  of  Colonial  iroycrn- 
nient.  On  th(>  eleventh  day  of  ihc  debate,  Mr.  Howe  took 
the  floor,  and  for  some  hours  made  the  House  nn-rry  at  the  ex- 
pense of  the  Goverinnent  and  its  sujiporttu's  : — 

jMr.  Chairman, — 'riicre  Is  a  good  -loi-}-  tuld  of  an  Trl-liman.  who 
was  put  in  the  pillory  i'oi-  saying  that  the  city  aulhorilics  were  no  hettor 
than  they  should  he.  He  hore  the  inliicllon  willi  exemplary  patii'uce, 
and  severe  enough  it  was;  for  every  silly  fellow  who  expected  an  invi- 
tation to  the  ^Mayor's  feast  ;  every  servile  creatui'e,  who  a,-pired  to  a 
civic  odice,  strove  to  win  favoi',  hy  pelting  him  with  conspicuous  activity. 
"When  liie  hour  expired,  and  a  goodly  ai'ray  of  mis>iles  iiad  accumulated 
upon  the  stage,  the  culprit,  taking  off  his  hat,  and  howiug  polllejy  lo  the 
crowd,  said, '•  Now,  gentlemen,  it  is  my  turn  ;"' and,  conuneiiciug  with 
lii.s  worslii[).  jielted  the  crowd  with  great  dexterity  and  ellecl.  The 
Irish,  ' -lio  always  nTi-h  humoi',  were  so  plea-ed  v.ilh  the  joke,  that  they 
carried  the  man  home  on  their  >houlilers.  I  have  no  ex|)ectation  that 
my  I'ate  will  he  quite  so  triumphant,  hut  no  geulUinan  will  ([uestion  my 
right  to  follow  the  exam[)le.  I  have  sat  l()r  ten  days  in  this  polilicul  iiil- 
lory  ;  missiles  of  eveiy  calihre  ha\e  hurtled  around  my  head;  they  have 
accumulated  in  great  ahundaiice,  and  if  my  turn  has  come,  llio.-e  hy 
"whom  they  M"(;r(!  showered  have  no  right  to  com[)lain.  As  lir.-t  in  digni- 
ty, if  not  in  accuracy  of  aim,  perhaps  I  ought  to  connnence  with  the 
learned  and  honorable  crown  ollicers  ;  hut  there;  is  an  old  Warwick-hire 
tradition,  that  Guy,  hefore  he  grappled  with  the  dun  cow,  tried  his  hand 
ujwn  her  calves ;  and  perhaps  it  would  he  as  well,  helbre  touching  the 


ii    ^ 


'•!  I 


■■  It 


i"^     II 


I    ! 


m :  ■'■«  ' 
}i{/  'ill  ' 


»1 


s  'J  ' 


•>' 


f!|: 


t 

3 
s 

478 


oi;ni;i:al  i:i:i'LV. 


loarnccl  Altonioy  (lonoi'Lil,  tli;ii  I  -IhmiM  dispose  of  tlic  slraii^fi^  pni^f^ny 
liis  jiolilical  sy~i(iii  li;is  wariiitil  iiilo  cxi-lciico.  The  ciijilc,  iM.'I'on'  ho 
liiis  Ills  cyt!  lo  llic  iiici'idiaii,  Ii'iinis  to  gazij  with  stt^'aihiicss  on  the  k'sscr 
lij,dils  liy  which  Ik;  is  .■.iirroiiiidi'd ;  amh  as  ", love's  sattcdiles  aiT  h.'.-s  ihiui 
Jove,"  so  nw.  tlic  Icariii'd  leader's  disciples  iMl'erior  to  their  master. 

1  coiil'c.«>  lliat  I  am  a  litlie  at  a  lo.-s  with  wluch  to  '.»e;j;iii  ;  bul.  roIh)\v- 
iiig  the  order  iiiMlucii  tiieyhave  .-pokeii,  the  first  favor  is  due  to  my 
lu)i>orabl(!  friend  from  the  coiiiily  ol"  I'iclou  (^Ir.  Ihdme.^).  That  j:;eii- 
Uemaii  aii<l  I  liave  long  heeii  opposed  in  this  Assen\l)ly  ;  we  nevei"  agreed 
bat  once  or  twice,  when  I  was  in  tlie  government  ;  and  then.  I  fear,  I 
owed  his  snpport  lo  his  lialiilual  reverence  for  the  pow<'rs  that  he.  Ihit  I 
t'onfe»  thai  I  received  il  with  strange  nusgivings  ;  fmding  mysell"  seated 
he>ide  him.  once  or  twice,  in  the  edg(;  of  the  evening,  I  half  fancied  I 
must  he  wi'ong,  for  din'ing  a  very  long  experience  I  had  rarely  known 
him  right.  He  told  me  there  Avas  "nothing  in  my  s[)eech  ;  "  I  will  not 
pay  so  poor  a  compliment  to  his  own,  hut  may  say  it  was  very  like  a  page 
of  0:<.sian,  smacking  of  '"the  times  of  old,"  but  having  nearly  as  juueh 
bearing  on  I  Ik;  practical  business  oi'  lii'e.  To  my  honorable  friend's  man- 
liness and  courtesy,  I  am  willing  to  bear  testimony ;  but  his  reverence 
for  the  past  makes  him  a  very  poor  judge  or  expounder  of  the  new 
princi[>lcs:  like  Old  Mortality,  he  delights  in  haunting  ancient  places, 
and  refreshing  broken  tomb-stones;  while  the  stream  of  life  goes  by,  and 
the  ilowers  bloom  unheeded  at  his  feet.  lie  fears  that  we  dislike  "  the 
ungenial  soil  of  ojjposition,"  but,  we  stand  upon  it  still,  regardless  of  the 
cxamph;  he  set  us  in  1812,  when  we  tbund  him,  despite  the  admonitions 
of  his  friends,  abandoning  (he '*  ungenial  soil,"  and  coming  over  to  the 
richer  mould  of  the  administration.  He  proclaims  that  tlie  liberals  are 
c'harg(,'able  with  the  public  debt.  This  I  deny.  The  whole  public  debt 
■was  created  in  those  good  old  times  on  which  he  loves  to  linger,  by  the 
very  party  with  which  he  has  ever  been  connceted.  Has  the  honorable 
gentleman  ibrgotten,  that,  in  those,  halcyon  days,  £30,000  was  lost  in  a  sin- 
gle year,  by  a  contest  about  fourpenct'  a  gallon  upon  brandy ;  that  .i'OO,- 
000  more  was  wasted  upon  the  Shubcnacadie  Canal,  and  no  man  called 
to  account?  Froni  18o7,  when  the  liberals  acquired  the  ascendancy  in 
the  House,  down  to  the  i)rcsen't  hour,  not  a  pound  has  been  added  to  the 
permanent  burthens  of  the  country;  while  the  expenditure,  on  all  lilting 
occasions,  has  been  carefully  reduced.  The  principle  which  we  avowed 
eight  years  ago  is  the  principle  Avhich  guides  us  now.  We  shrink  not 
from  anticipating  revenue  ibr  im[)ortant  public  improvements,  but  con- 
tract no  debt  that  is  not  to  be  paid  off  within  two  or  three  years.  It 
would  have  been  well  if  those  who  are  so  lauded  by  my  honorable 
frien.l,  had  been  governed  by  as  wise  a  rule. 


lit.-rorc  lio 

the  U'SSLT 

li.v-s  ihiia 

lit,  Ibllow- 
Aiic  l()  my 
That  j;cn- 

1.  1  f.Mr,  I 
he.     r.iit  I 
self  seated 
I'  i'aiK'ii'<l  I 
fly  known 
1  will  not 
like  a  pago 
y  as  nuic'h 
ieiid's  nian- 
■;  i-everenoe 
LiC  the  new 
iont  platT'S, 
oes  by,  anil 
islikc.  ■■  the 
ess  of  tho 
uhnanitiond 
over  to  the 
ibei-al^  arc 
ublic  debt 
;er,  by  the 
e  honorable 
ost  in  a  sin- 
ihat  .£30,- 
laan  called 
.•endancy  in 
idded  to  the 
m  all  litting 
wc  avowed 
shrink  not 
its,  but  con- 
years.     It 
y  honorable 


]\h 


(!i;ni:i;.m.  I!i:im.v.  179 


iniKiralile  IVieiid   i'oiMid  I'aiill    willi  nu'   I'oi-  niv  nTi  rnicc  lo  David, 


and  loll!  nie  llial    Ihal 


am 


man 


rai 


,-d 


not  hi-  li;iiid  a'-ain-t 


the  liOrdN  ainioinled."  Neither  havi'  I.  I  have  not  killed  l.urd  Falk- 
land, but  1  have  shown  hitn,  as  David  did  Said,  the  Inlly  anil  ne::;liireiicr  of 
liis  advixTs.  AVheii  the  drow.-y  uiiard<  lej'l  the  master  ihey  .-lionld  have 
l)roteoted.  al  his  mercy,  in  the  cavi'  of  Mniredi,  David  cut  oil"  the  >kirL 
of  his  uarmeni,  lo-lmw  the  imlieciliiy  of  the   stale>meii  and  warriniv  hy 


whom 


was  SI 


riMiinded.     .\iraiii.  when   his 


crown  otlici'i 


s  ,-le[)l 


III  the 


Irencli.  David  removed  the  pitcher  and  .-iiear  fiom  the  Kiii,if'.>  .-ide,  to 
prove  their  incapacity.  'I'hesc  innocent  contrasts  between  the  vigilance 
of  the  man  he  had  injured,  and  the    parasites  who  inllamed  his  pas-ions, 


had  the  desireil   etl'ect  ;  iljr  we   find    Saul  exehiim 


111''-, 


and  who  knows 


but  that  His    Lordship  may  follow    his  example,  —  ••  reliiiii,  my  .-on  Da- 
vid; behold  I  have  [dayecl  the  (liol.  and  have  erred  exceedingly." 

The   honorable   gentleman    rcmiiideil   th.;    oppo-ilion  that   Lord  John 

■It  J'eel  brillL''s  tllelll  doWll. 


Kll.- 


-III) 


pports  good  niea>iires  when  Sir  1{ 


"We  would  do  the  same,  if  any  were  ln'oiight.  Ihit  our  complaiiil  is, 
that  His  Kxcelleney  coiidiicls  the  government  <il'  thi-  coiinliy  with  Iiall'a 
Council,  who,  in  two  .-e-.-.ioii>.  have  inlrodiieed  no  niea-ure-  al  all.  Ibit 
did  niy  honorable  friend  ever  hear  of  Sir  llobert  Feid  complaining  that 
lie  could  not  coiidiiet  the  govei'iinieiit  on  his  own  principles,  becaii-e  the 
Whigs  would  not    hel[)  him?   did  he   ever  oiler  them    -(.'als   in   the  cabi- 


net lo  saci'ilice  a 


ader, 


aiK 


1   ll 


leii  uenoiinci'  mm,  am 


1  al 


»U.-e  them,  when 


the  sag(!  proposition  Avas  refu.-ed?  "We  an'  told  that  my  i'rii  nd,  ^Ir. 
Uniackt',  wa.s  not  the  leader  in  the  last  House.  He  was;  if  he  bore  his 
honors  with  less  ostentation  than  his  successor,  he  was  the  acknowledged 
leader  of  the  government  ii'om  ]»>  10  to  IS  {.'j  ;  and  that  rank  was  cheer- 
fully yi(dded  by  his   colleagues.     IMy  h()iioral>le    friend   fell<  u.-,  that  my 


popul 


larily  has  d(>clined.     I'erhaps  ^o  ;  but  he  i 


or; 


•Is  loadil.  that  if  it  1 


las 


I  lost  it  I)y  supporting  Lord    Falkland's   niea-nres,  and  Lord  F'alkland'.'^ 
govorninenl  ;  by  >liiiriiig  the   nnpopnlarily   of  those   with  whom  I  was 


associated,  and  who   have 


niaue   so  untrra 


teful 


II 


a   return. 


lint 


IS  t bl- 


ouse the  test  ot  any  mans  poi)ularity  now.-'  W  c;  ail  know  it  was  ro 
tiirned  before  ]Mr.  Almon's  apfioinlmint,  bei()re  the  retirements,  before 
the  proscription.  The  people  of  Xov;v  Scotia  have  hail  no  opi)orlnnity 
of  pronouncing  a  judgment  n[)()n  these  aclsof  iblly;  when  they  have, 
Wv",  shall  see  whose  po[)ularity  and  iiilluence  have  declined.  The  honor- 
able gentleman  gave  ns  a  lecture  oi\  decency,  but  if  he  turns  lo  my  com- 
parison again,  he  will  iind  nothing  which  the  most  fastidious  taste  would 
reject.  His  namesake  was  condemned  by  the  liuialics  of  l^dinburg,  foi* 
writing  the  play  of  Douglas ;  the  critics  have   perished,  but  the  drama 


:!:i 


i 


l«t 


l!;t'; 


HiM 


I 


i'  li 


'•  i 


i5'  '  ! 


^^;,::i. 


V'ili^   i 


480 


(IKNKRAI,   I!i;ri,Y, 


.■<lill  live-.  I  iiiii  .-iir|iri-i  i]  thai  ilic  IidiKiialilr  iiniiiliii'  rrai!^  no  IccIiiim's 
to  lii-<  Iciiniril  iVicnil-.  w  lid  an'  lircalir  traii<;.'n'.-i<<)is  lliaii  I;  ami  tliiit 
lie  .-linllld  lia\  I'  rdl'l^cllcli  ilia  I  'I 'lie  I'irliiij  (  )l)Hr\  cr.  I  lie  ol'u.HI  of  hi-  own 
]i;iilv,  \\:\-  iciiiarl.alilr  lni-  (lis.ju-iiii;^  oli-ci'iiii  \ .  I  mii-l  liow  pail  willi 
my  IioiioimIpIi'  tVicinl.  who-c  joKc  at  Mv.  rniacKr's  cxiicii-c  iiii;j;hl  h;i\ii 
liccii  -|iarci|.  hail  llic  iiiciiihrr  I'nr  I'icioii  rciui'iiilHiTil  thai  llic  rcllcciioii 
coiu  i'\  ol  oil  till'  pKly  ami  -iiu'crlty  of  ihr  l'r(-1p\  ici'ian-'  ol'  llial  liiii; 
t'oiiiilv,  \\a<  iiio-l  iimh'-i  r\  nl  ;  alllioiiLih  lIicwaLT-^  ilo  ,'-a\.  thai,  in  his 
own  |M'r-(in,  hy  a  ,-iniilar  >lr(iki'  of  |iolic\,  llic  AnlilairLici"-  lo-i  a  luciii- 
licr.  and  liu'  ICirk  sccnrcij  a  drai'on. 

Lrt  MIC   now    (ui'ii   lo   an   o|iiiomnt  of  a  dill'ciN'iil    -lyh'   of  miml  ;  oiui 
Avitli    Ic-s    oi-i;iinaiily    lait    hiuhiT   '•  iirdcnsions."     That    I    ,-lioiild    liavc. 


li\('d  lo   111'   char: 


•d  wiih   '•  \  apid   dcclamalioi 


hv   the    hoiiorahlc   and 


learned  iiicinlHr  for  Haul-  [Mr.  Wilkin-]  was  iiio>t  indookcd  liir.  I 
liad  ncr\cd  iiiy-clf  jiir  c\ci'y  ihinu'  cl>c,  hiil  thai  i|iiilc  o\crcanic  inc. 
lie,  whom  I  lia\c  -ccii  dav  ai'lcr  dav  clcai'  llio-c  hciichcs,  iinlil  \(iu,  Mr. 


Chairman,  sat  like  a  -olilai'v  \i<'l 


nn  ;   lie.  w 


lioin   tlic  vcncralile  I'rc-idcnt 


of  the  I. ct:'i>lali\  e  Council  a>>iireil  thai  he  was  imi  ihc  only  .-nll'ci'cr, 
^vIle|l  he  coiiiplaiiied  of  I'aliLiiie  afler  a  lom^  oralioii  ;  he,  whom  I  hcai'il 
thus   aceo>icd    hv   oiu' of  hi-   own   con-liliieiils   al    tin'   nine  mile   river: 


A 


re  M'  nc\  er  ua\\  n    lo 


he    d 


one.  -ir.  and    let    liie   itiier  man  j'le   n-   ;i 


•reed?"      Ila--   il   lieen   my  mi-iiirlniic    to  oiiiIk  rod   Herod?  lo  appear 


tedious  lo  the   ears  of  him  who   wear 


man    ami 


1  met 


on    >e\cral   occa-ions 


ies  e\  eryhody  cl:-e  ?     That   gciitle- 
la>t    Summer,  and   altlionirh  llio 


ar;::iiincnl  ma\'  liaxc  been  all  on  his  >ide.  the  tVeelioldcrs  were  j;'cnerally 
on  inii'c.  lie  piilili-hi'd  his  speeches  -iil).-ei|iienlly,  and  1  was  stroni^ly 
tempted  to  i-;snc  a  new  cdilion  of  llicm  with  this  liilc  ;  "  Spceclics  of  L. 
31.  "Wilkins,  y.-t[.,  >\Iiieli  did  nol  convince  llie  people."  A'apid  doclainii- 
tion  I     Oh,  no.  >ii'.  I  caimol  ailinit  llie  learned  geiilleman   to   be   a  judge 


even  ol  llie  arliele  in  \\ 


Iiich  he  deals.     It  lia<  lieeii  said  that  lan''iiau:cMV 


13 


riNcii  us  lo  conceal  our  ihoiiLihls;   it    so, 


there  has  been  sinful  iirofiision 
in  the  ca-e  of  the  leai'iied  irentlcman,  \vlio  lias  one  livinu;  laiiiiiia'je  and 
two  or  three  dead  ones;  yet  so  very  few  llionglits  to  conceal.  He  said 
(hat  I  irave  the  Ilon-e  .-nccimens  of  traL'i'dv,  comedv,  and  iiirce.      I  re- 


"rct    ihal    111'   has   i^iv 


en    lis    nei! 


lii'r.     The  onlv  characler  to  which  he 


aspires  is  that  of  ihe  line  Lic'iitleman  ii\  the  Vaudeville  ;  but  even  that 
he  (h'esses  with  too  much  preten-ion.  and  plays  with  lilllc  case.  His 
Ibria  wants  the  rounded  symmetry  ;  his  features  the  (h.irnilied  rejiose  ; 
his  mind  the  j)layful  cnci'L'y  Avhicli  are  cs-eniial  to  the  character,  lie  is 
too  "fussy."  He  initihl  pass  lor  a  scholar  but  for  his  jicdantry,  aiul  for 
a    luie   gciUlemau    but    I'or    his    pretensions.     The    learned   jjenllemau 


;?'-'  1-t 


GENERAL   REPLY. 


481 


)  Iccliirrs 
i|'  lli-  nWU 

jkuI  witli 
li.ilil  li;i\i' 

ivllrclioii 

■  lliiil    I'llH! 

Ii;il,  ill    l'"'"^ 
I    a   iiuiii- 

iniuil ;  ono 
loiiia  liMVii 
(iialilc  :iiul 
,(•(1  I'm-.  I 
•  i-caiiu:  me. 
ill  villi.  Ml". 
,.  I'rc-lilciit 
ulv  .-utVcrrr, 

iiiili"   river: 
1,11    |j;'ic    ii>    ;i 
V  to  ajUtfiU" 
riial  ^ciillc- 
lilinui:li  llic; 
re  jfcuorally 
vas   stroii.v'ly 
(.(■(•lies  dl'  L. 
pill  .Icclama- 
l.c  a  .in<l.u;c 
uigiiairc  was 
'ill  prol'iision 
an;j;iia;jre  and 
al.     He  said 
aire.     T   ve- 
to wliii'li  ho 
lit  even  lliat 
case.     His 
ilird   repose  ; 
aeter.     H*-'  i^ 
\iitry,  and  for 
xl    •reiUk'iiuiu 


appears  to  liave  leaned  over  tlic  Castalian  Spriii;^,  not  to  slak(>  li'is  thirst,  or 
urraiiyeliis  robe  to  set  olF  the  harinoiiies  of  naliire,  hut  to  Tall  in  h)ve,  wn 
?s'areissiis  did,  with  his  own  iiiiai^e,  and  (he  with  adMiiialinii  of  hiniseU'. 
Tht;  learned  <:entlenian  favored  iis  with  a  leetiin!  on  j,'ood  lireedin;;;,  the 
gist  being  snnnned  up  at  the  entl,  where  he  declared  tlial  any  man  wan 
a  gentleman  who  took  oil'  hi-;  hat  to  him.  One  thing  whieii  he  <aiil  cer- 
tainly did  astonish  in(; ;  "  I  will  not  extend  my  hand  to,  or  .-It  at  the  Ibs- 
tive  boiutl  with  the  man  who  lampoons  a  (Jovernor."  Here  is  a  social 
proscription  with  a  vengeance  !  How  shall  any  man  exi-t  who  has  to 
ont  his  nnillon  wilhonl  the  light  of  the  learned  gentleman's  cnuntenance, 
and  from  whom  his  gloved  fingers  are  withdrawn.  Ihit  is  the  learned 
gentleman  consistent  in  his  revercnci!  for  aiithorlly  —  wiih  his  vir- 
tuons  hatred  of  those  who  write  lamponns  ?  This  connnitd'c,  thid 
connniinily,  know  who  was  the  reputed  editor  of  The  Picloii  Observer, 
and  they  will  jinlge  by  a  very  few  passage's  whether  that  gentlo- 
man's  own  near  relative  has  not  committed  tin;  nnpanlonablc  oO'encc. 
[Here  ]Mr.  Howe  read  a  variety  of  extracts  fiom  Tiie  I'iclou  ()I).-erver, 
a  paper  said  to  have  been  edited  by  ^Ir.  "Wilkins's  brother,  in  which 
Lord  Falkland  was  ai'cnsed  of  degi'ading  his  ollico  by  uncovering  his 
head  and  holding  the  Prince  de  Joinville's  .stirrup  while  lie  mounted  his 
horse;   of  going  in  plain  clothes  to  a  ball  on  the  (Jueiii's  birthday,  and 


hav 


ing  a  foreigner  for  secretary  who   might    purloin  olllcial  corresponi' 


x\- 


cnce  ;  of  endeavoring  to  concentrate  all  the  [lower  of  g<n'ernment  and 
legislation  in  his  own  hands,  &.v.  He  also  read  scurrilous  extracts  rellect- 
ing  on  the  House,  the  Legislative  Conned  and  the  Colonial  Secretary.] 
Now,  jMr.  Chairman,  will  it  be  believed  that  the  learned  member  from 
Hants   has  maintained  a  brotherly  intercourse   with    the    person   wl 


10 


openly  cotmtenancc( 

attacks  n[)on  the  Lieutenant  Goveri 


I,  if  ho   did   not  write   these 
lor  ?     But,  si 


and   dozens  of   other 


tl 


lere  is  anoiiicr 


th 


pas- 
sage in  which  it  is  said  Lord  Falkland  "  has  not  only  the  bend  sinister 
on  his  escutcheon,  but  on  his  heart."  I/ittle  skill  in  heraldry  is  required 
to  understand  the  malignant  indelicacy  of  that  alliisii^n;  and  what  shall 
we  think  of  the  man  who  wouM  introduce  tlie  slanderer,  not  to  his  own 
board,  but  into  the  bosom  of  the  Lieutenant  Governor's  family,  after  such 
an  outrage?  This  was  submitted  to  because  the  learned  mendjcr's  vote 
could  not  be  done  without.  I  leave  him  and  his  party  to  reconcile  these 
facts  with  tlieir  vehement  regard  for  the  honor  and  feelings  of  the 
Lieutenant  Governor.  The  people  of  Xova  Scotia  will  probably  come  to 
the  conclusion  that  jokes  and  lampoons  arc  very  innocent  things  when 
they  come  from  the  right  side  and  the  right  family. 

All  this  has  been  forgiven  and  forgotten  ;  but  I  am  to  be  remembered 
41 


1.  M 


•i^     '»' 


% 


:    \    II 


482 


GENERAL   nEPLY. 


Mi 


(K 


till 


ilH 


111*  :.  •■ 


'"■ii  ■ 


¥h 


.•  vt'n  when  a  now  Govomor  nrrivc.-t.  TIi()m;,'1i  Iio  may  *'  n(it  know  Joseph," 
liC  U  to  be  told  ol'  his  inistlocd:^,  lhoii;^h  Marlin'.i  an;  to  he  "  cast  ili<(;n'<'(l)r 
in  the  .shade."  Tlie  h-ariuMl  j^'entlcinan  tt-lls  ni<!  thai  I  closed  the  door 
npon  inyseh';  hut  what  arc  the  facts?  That  my  friends  and  niy-elf 
walki  tl  out  of  the  door  h(,'causi!  we  (hd  Jiot  like  the  doinj^s  wilhin  tlie 
premises  ;  when  innncdiat(dy  a  cry  of  hur;;Iary  was  raided.  "  Is  not  the 
Governor  to  bo  the  judj^c  of  his  own  honor  ?  "  th(!  learned  genlk-niiui  asks. 
Were  wo  not  to  bo  the  judj^es  of  oun?  when  false  and  defamatory 
charj:;es  were  raised  a<;ainst  us  ?  were  we  to  shrink  from  necessary  self- 
defence  ?  ]t  is  said  that  President  Polk  woidd  not  admit  a  man  to  his 
cabinet  who  had  laughed  at  him ;  hut  what  does  this  prove?  'J'he  sup(!- 
riority  of  British  to  American  institutions,  making,  as  they  do,  the  will 
of  th(!  nation  .superior  to  that  even  of  the  chief  magistrate.  TIk; 
learned  gentleman  favored  us  with  the  case  of  a  gallant  colonel,  known 
to  us  all ;  hut  T  intend  to  show  that  it  was  a  most  unfortunate  illustration. 
His  was  an  otlence  against  majesty;  against  a  lady  and  a  sovereign,  un- 
provoked, gratuitous,  gross.  IJut  even  that  has  been  forgiven  and  Ibr- 
gotten  in  the  pame  reign  ;  the  oiricer  is  at  the  head  of  his  regiment 
again,  and  Her  Majesty  has  one  soldier  the  more,  and  one  sullen  and  dis- 
contented subject  the  less.  But  what  was  said  of  the  informer?  What 
does  Sam  Slick  say  of  him  :  — 

"Tho'  I  was  born  in  Connecticut,  I  have  travelled  all  over  the  thir- 
teen united  universal  worlds  of  ourn,  and  am  a  citizen  at  large.  No, 
I  have  no  prejudice.  Now,  men  that  carry  such  tittle-tattle  ;  no,  I  won't 
say  men  nother,  for  they  ain't  men,  that's  a  fact ;  they  don't  desarve  the 
name.  They  are  jist  spaniel  puppies,  that  fetch  and  carry,  and  they 
ought  to  be  treated  like  puppies  ;  they  should  have  their  tails  cut  and 
ears  cropt,  so  that  lh"y  anight  have  their  right  livery. 

"  Oh,  how  it  has  lowered  the  English  in  the  eyes  of  foreigners  !  How 
sneakin'  it  makes  'em  look !  They  seem  for  all  the  world  like  scared 
dogs  ;  and  a  dog,  when  he  sneaks  off"  with  his  head  down,  his  tail  atween 
his  legs,  and  his  back  so  mean  it  won't  bristle,  is  a  caution  to  sinners. 
Lord,  I  wish  I  was  Queen ! 

"But  without  joking,  though,  if  I  was  Queen,  the  first  time  any  of 
my  ministers  came  to  me  to  report  what  the  spies  had  said,  I'd  jist  up 
and  say,  '  It's  a  cussed  oninglish,  onmanly,  niggerly  business,  is  this  of 
pumpin',  and  spyin',  and  tattlin'.  I  don't  like  it  a  bit ;  I'll  neither  have 
art  nor  part  in  it ;  I  wash  my  hands  clear  of  it.  It  will  jist  break  the 
spirit  of  my  people.  So,  minister,  look  here ;  the  next  report  that  is 
brought  me  of  a  spy,  I'll  whip  his  tongue  out  and  whop  your  ear  off,  or 
my  name  ain't  Queen.     So  jist  mind  what  I  say ;  first  spy  pokes  Lis 


'^M 


CENEnAL  REPLY. 


483 


)\v  .Tos(^pl>," 
1  di-t:n'(«lly 
,.,l  tlx-  (loni* 
1111(1  my-rir 

williiii  tlni 
t'  Is  iiol  llio 
U'lnsm  ivsU;*. 

dframiitory 

posssiiry  scll- 
i  umii  ti>  li'iA 
The'  siii»<!- 
'  do,  llic  will 
■truto.      Tli(! 
loixl,  known 
I!  ilhistriition. 
Dvcroii^n,  uii- 
I'lvcn  uud  I'oi*- 
hirt  regiment 
ullcii  iuid  dis- 
luor  ?     What 

vor  the  tliir- 
l  hirso.  No, 
e  ;  no,  I  wt)n't 
I't  dosurvc  the 
Lvry,  mid  they 
;  tails  cut  and 


ignci'3 


!  How 

Id  like  scared 
lis  tail  atween 
ion  to  sinners. 

time  any  of 
lid,  I'd  jist  up 
less,  is  this  of 
1  neither  have 

jist  break  the 

report  that  is 
your  ear  off,  or 

spy  pokes  lu3 


nose  into  your  ofTiee,  chop  it  ofT  and  clap  it  over  Temple  Bar.  where 
they  puts  the  heatls  of  trait(»rs,  and  write  the^e  words  over,  with  your 
own  (Isl,  that  they  may  know  the  handwritin',  and  not  nii.stake  the 
nieaiiin', '  i'  '-^  is  the  A'tisc  of  a  Sjii/,'  " 

r^et  us  treat  (mr  Nova  Seotian  spies  and  informers  afti'r  the  same 
fashi(tn,  ntid  this  U  thv  last  time  tlial  tlie  fonuation  of  a  (ioveriunent 
will  hi-  perph'xcl  hy  *)UP.sij</n!4  of  pergonal  feeling. 

llul, -11,  -suppose  that, '>u  the  \rry  morning  after  tin-  story  liad  heen 
carried  to  11.  /  ^fajesty,  this  getillrmsui  had  stood  at  the  lieail  of  a  ma- 
jority of  the  Hull-/  'f  Commons,  however  'h'cply  wounded  the  sovereign 
might  have  felt,  .she  could  not  have  refused  t(j  tliat  ollieer  her  jtoUtivdl 
contidence.  Sueh  is  the  nohle  Constitution  of  Knglaml ;  fostering  public 
ppiril,  and  giving  free  play  to  the  expri->I()U  of  sentiment;  and  the  in- 
stanee  the  learned  gentli'iuan  has  selected,  only  proves  that  he  has  the 
A  nC  of  the  Constitution  yet  to  learn.  The  sovereign,  we  ar(>  informed 
by  the  same  speaker,  is  the  fountain  of  honor,  and  cannot  insidt  an  indi- 
vidual. If  this  be  true,  then  must  it  follow,  that  the  sovereign  cannot 
receive,  or  notice,  or  revenge  an  insult.  He  says,  he  disapproves  of 
sending  down  confidential  correspondence,  but  that  this  is  a  "great 
crisis."  If  so,  what  produced  it  ?  Six  gentlemen  seize  the  ship  of 
state,  and  throw  half  the  crew  overboard.  After  trying  their  seaman- 
ship for  a  time,  and  getting  among  the  breakers,  they  call  over  the  side 
to  know  if  their  old  messmates  will  not  get  on  board  and  help  them ; 
but  refpiire  a  pledge  that  they  will  not  break  open  the  spirit  chest,  or 
cut  away  the  mainmast.  The  men  in  the  water  consider  this  adding  in- 
sult to  injury,  and  decline.  The  weather  gets  worse,  and  the  mutineers 
more  frightened,  and  they  propose  to  let  one  fellow  drown,  and  take  in 
all  tlu!  rest.  This  touches  the  honor  of  the  tars,  and  they  reply,  "  wo 
will  sink  or  swim  together."  Then  there  is  a  dreadful  outcry  on  board 
the  ship ;  "  a  crisis  "  is  proclaimed  ;  all  sorts  of  trash  is  written  in  the 
log,  and  sent  by  way  of  complaint  to  the  owners. 

The  member  for  Hants  tells  us,  it  is  "  the  nature  of  his  temperament  to 
be  excited."  I  should  complain  less  if  he  lia<l  the  power  of  exciting  other 
people.  The  House  decided,  says  he,  "emphatically"  that  IMr.  Ahnon's 
appointment  was  judicious ;  but  as  they  only  decided  by  a  majority  of 
one,  even  if  the  emphasis  was  in  the  right  place,  it  was  not  very  imjjres- 
sivc.  But  we  on  this  side,  hold  that  there  was  a  decided  false  quantity 
in  the  sentence,  and  prefer  appealing  to  the  grammarians  in  the  seventeen 
counties  of  Nova  Scotia,  who,  fortunately,  have  the  power  to  correct  our 
errors.  I  must  confess  that  nothing  surprised  me  more  than  the  learned 
member's  lecture  on  indelicacy  of  expression  ;  he,  sir,  who  has  every  line 


V 


M*' 


'1 


I  Mi 


L  <M 


w. 


kl  "u 


1' ;: 


-''lir'iii.' 
,Pt'l'n„f    • 


i; 


if 


484 


GENERAL   REPLY. 


of  Ovid  at  his  fingor-cnil> ;  he  who  I  liave  soon  gloating  over  the  gross 
obscenities  of  The  Pictou  Observer.  His  praotioo,  (?ven  in  that  speech, 
was  strangely  at  variance  with  his  principles;  thongh  Angelica  was  first 
introduced  in  the  "  cold  abstract,"  gradually  she  began  to  glow  beneath 
the  heat  of  his  imagination,  until,  like  Pygnialian's  statue,  she  sunk  into 
his  arm:  in  all  the  freshness  of  health  and  passion.  She  had  not  been 
long  there,  however,  before  he  began  to  give  her  a  bad  character,  and 
declare  that  he  could  not  tell  whether  she  was  a  harlot  oi-  an  honest 
■woman.  I  will  not  undertake  to  decide,  but  think  that  responsible  gov- 
ernment, or  Angelica,  —  for  that  seems  to  be  the  fancy  name,  —  will  be 
very  apt  to  be  judged  by  the  company  she  keeps.  liefore  passing  from 
this  topic,  I  may  as  well  caution  the  learned  gentleman  not  to  set  him- 
self up  for  a  moralist  until  he  reforms  a  little  ;  and  when  he  preaches 
sermons  on  delicacy,  to  be  a  little  more  choice  of  language,  or  we  shall 
have  to  apply  the  lines  to  him  which  Juvenal  aims  at  Crcticus  :  — 

"  Nor,  vain  Metclhis,  shall 
From  Rome's  Trilnnial  tliy  harangues  prevail 
'Gainst  Harlotry,  whiU^  thou  art  dad  so  thin. 
That  through  tiiy  cobweb  robe  wc  see  tliy  slvin 
As  iliou  dcclaiuis't." 

The  learned  gentleman,  with  a  solemn  invocation  to  Nemesis,  asked 
me  if  I  quailed  before  the  "  air  drawn  daggers,"  the  whirlwind,  or  the 
"  false  lire "  by  which  I  was  surrounded  ?  lie  shall  be  my  judge. 
Three  times  I  met  him  in  his  own  county  last  summer  ;  he  knows  which 
of  us  shrunk  from  the  encounter,  or  won  the  victory.  He  has  seen  me 
hero  for  the  last  ten  days  ;  he  sees  me  now.  Do  I  quail  ?  No,  sir,  I 
take  my  stand  upon  the  Constitution  of  my  country,  and  all  the  powers 
of  darkness  cannot  disturb  my  mind.  Bit,  oh  !  sir,  I  should  like  to  see 
Lim  in  my  position,  with  an  arm-full  of  dispatches  heaped  upon  his  head ; 
with  a  Governor  and  all  his  patronage  to  sap  and  mine  him  ;  Avith  two 
crown  officers  and  half  a  dozen  lawyers  in  his  front,  and  tag-i-ag  and 
bobtail,  in  his  rear  ;  perhaps  he  might  comport  himself  with  more  dignity 
than  I  do,  but  I  confess  I  have  my  doubts.  The  reference  to  my  pil- 
grimage to  Downing  Street,  came  with  an  ill  grace  from  him.  When  I 
went  to  Downing  Street,  some  years  ago,  I  went  as  a  private  gentleman, 
at  my  own  cost  and  charges.  My  Colonial  character  was  my  only  in- 
troduction, and  I  received  more  courtesy  and  kindness  than  I  deserved. 
"When  that  gentleman  went  on  Ids  pilgrimage,  —  as  my  learned  colleague 
wittily  reminded  him. — the  Province  paid  for  his  staff  and  scallop 
shell ;  £jOO  sterling  was  drawn  out  of  the  revenue  of  this  country  to 


GENERAL  REPLY. 


485 


•  the  gross 
lilt  r^peccli, 
•a  was  first 
)w  bonc'iith 
e  sunk  into 
1(1  not  been 
iraeter,  and 

•  an  honest 
)nsible  gov- 
.^  —  will  he 
)a!jsing  from 

to  ^;ot  him- 
lie  preaches 
,  or  we  shall 
■uri  :  — 


emesis,  a>ked 
Iwintl,  or  the 
)e  my  judge- 
inows  which 
has  seen  me 
?     No,  sir,  I 
1  the  powers 
,il(l  like  to  see 
pon  his  head ; 
lim  ;  with  two 
tag-rag  and 
more  dignity 
ace  to  my  pil- 
im.     When  I 
ate  gentleman, 
IS  my  only  in- 
an  I  deserved. 
,rned  colleague 
ff  and  scallop 
his  country  to 


furnish  his  scrip  ;  and  his  errand  was  hostile  to  the  public  interests,  and 
to  the  wishes  of  the  people.  Tlie  learned  gentleman  cavils  at  my  ima- 
gery, and  tells  us  tliat  Lord  Falkland  stands  like  an  English  oak,  verdant 
and  vigorous.  I  will  adopt  the  figure,  and  admit  that  he  stood  so  once ; 
but  I  fear  that  the  insidious  ivy,  the  parasite  jdant,  and  other  creeping 
things,  have  so  wound  their  tendrils  around  him,  that  though  there  is  the 
outward  semblance  of  a  tree,  the  core  is  decayed,  and  the  fountains  of 
life  withdrawn.  But,  Mr.  Chairman,  I  have  lingered  long  enough  with 
the  learned  member  from  Hants.  In  closing,  I  may  as  well  give  him  a 
line  or  two  of  plain  English,  in  return  for  all  his  Latin.  Tliey  were 
addressed  !jy  a  great  poet  to  a  great  king,  but  always  come  into  my 
liead  wlien  the  learned  gentleman  draws  to.vards  the  close  of  one  of  his 
"  vapid  declamations,"  and  I  long  to  exclaim — 

"At  length,  proud  Prince,  ambitious  Lewis,  cease 
To  iilaguc  mankind." 

In  turning  to  the  almost  incomprehensible  harangue  of  the  lionorable 
member  from  Colchester  [Mr.  Ross],  I  would  just  beg  to  remind  him, 
that  thougli  allowed,  all  summer,  to  circulate  over  his  county  pamphlets 
and  printed  slips,  filled  with  egotism  and  misrepresentation,  he  must  not 
expect  to  take  such  liberties  here,  without  instant  castigation  and  expos- 
ure. Tliough  I  cannot  always  follow  him  into  the  back  roads  of  Lon- 
donderry or  Earl  Town,  when  I  have  him  here,  where  there  is  no  ecjuiv- 
ocation  and  no  escape,  I  will  not  allow  him  to  deal  in  absurd  charges 
and  gross  misstatements  of  fact.  That  gentleman  commenced  his  speech 
with  the  deckn-ation,  that  the  government,  while  I  was  in  it,  attempted  to 
force  the  Sheriffs  Bill  on  the  country.  He  knows  there  is  not  a  word  of 
truth  in  this  statement ;  that  the  Sheriffs  Bill  was  not  a  government 
measure,  and  that  members  of  government  voted  independently  in  both 
branches  of  the  Legislature.  But  surely  that  gentleman  ought  to  be  the 
last  person  to  oppose  an  alteration  in  the  mode  of  selecting  sheriffs. 
He  has  been,  for  the  last  seven  years,  at  war  with  those  in  his  own 
county,  sometimes  petitioning  the  House  to  change  the  law ;  sometimes 
petitioning  the  Chief  Justice  to  remove  the  oflicer ;  and  once,  I  believe, 
he  actually  collared  the  sheriff  within  the  purlieus  of  the  court.  [Mr. 
Ross.  No.]  Then  the  sheriff  had  to  collar  him,  which  is  sufficient  for 
my  argument.  lie  fears  that  by  giving  the  power  of  appointment  to  the 
Executive,  we  should  have  political  sheriffs.  But  wliat  have  we  now  ? 
What  had  we  under  the  old  system,  when  almost  every  sheriff  was  a 
Tory,  and  thirteen  or  fourteen  belonged  to  a  particular  chui'^h?  The 
honorable  gentleman  tells  us  that  the  Attorney  General  deserves  a  mon- 

41* 


h! 


1  i: 


■■-■  ! 


f 

i. 


|i' 


:|t 


1; 


J 


m 


I'- 


{ 


.1  !t 


48G 


GENERAL   REPLY. 


uint'ut  foi"  opposing  tlic  bill.  INfuch  us  wo  ililfer  in  politics,  I  have  no 
clc!<i!'c  to  liiivc  the  k'iinic'l  crown  ofFicc'r  qualify  for  piich  an  honor;  but 
should  he  tlopart  this  life,  I  have  no  objections  to  the  monument,  nor  to  an 
cpita[)h  by  the  honorable  member  from  Colchester,  provided  he  tell  the 
truth.     Of  course  it  would  run  in  this  fashion:  — 

Here  lies  the  man  who  split  Lord  Fiilkland's  Council  l)y  tlio  appointment  of  his 
brotlicr-in-law. 

Here  lies  the  man  who  denounced  party  government,  tliat  he  might  form  one; 
and,  professing  justice  to  all  parties,  gave  every  olHcc  to  his  own. 

The  true  character  of  \ho,  honorable  gentleman  from  Colchester's 
mind  was  shown  by  the  petition  which  he  brought  here  the  other  day. 
It  -was  signed  by  eighty  names,  and  his  object  was,  to  make  this  House 
believe  that  all  those  people  had  been  deceived  into  signing  an  address 
to  the  Governor,  and  were  sorry  for  what  they  had  done.  When  the 
facts  came  to  bo  explained  by  the  honorable  member  for  Londonderry, 
it  turned  out  that  only  five  or  six,  of  the  eighty,  had  signed  the  address 
at  all.  The  honorable  gentleman  accuses  the  opposition  of  "  obstructing 
public  business,"  but  he  knows  that,  both  in  the  winter  and  summer  ses- 
sions, the  pid)lic  business  was  chiefly  done  by  the  opposition.  I  tell  that 
gentleman,  that  during  eight  years  that  I  have  sat  in  this  Assembly, 
Avhether  the  liberals  were  in  the  government  or  in  the  opposition,  they 
have  invariably  dispatched  the  public  business,  and  regarded  the  interests 
of  the  country.  I  confess  I  could  not  but  smile  when  "  the  member  for 
Colchester "  produced  a  letter  of  mine  to  the  freeholders  of  London- 
derry, the  other  day,  and  complained  so  loudly  of  the  misrepresentations 
of  the  j)ress  —  he,  sir,  who  Hoods  the  country  with  trash  which  either 
proves  his  ignorance,  or  the  grovelling  malignity  of  his  disposition. 
Why  did  I  write  that  letter,  of  which  the  gentleman  complains  ?  Simply 
because  he  had  written  this  pamphlet  [IMr.  Howe  produced  it],  in  which, 
among  oUwv  honorable  instances  of  his  veracity,  was  the  assertion,  that 
the  liberals  had  added  i.'lOOn  a  year  to  the  expenses  of  the  civil  list. 
This  House  know  that  there  is  not  a  word  of  truth  in  this  statement ; 
they  may  not  know  that  the  last  election  for  Colchester  was  carried 
under  a  cloud  of  doubt  and  prejudice,  created  by  such  reckless  and  dis- 
creditable assertions  as  these.  The  same  system  is  still  continued. 
During  the  last  summer  the  honorable  gentleman  published  and  circu- 
lated six  letters,  whicii  he  did  me  the  honor  to  address  to  me.  I  never 
read  them  till  the  other  day.  In  point  of  stylo  and  argument  they  are 
beneath  contempt.  They  are  only  remarkable  for  gross  misstatements 
of  fact,  and  for  ridiculous  self-commendation.     I  hold  one  of  them  iu 


M 


,  I  have  no 
honor ;  but 
it,  nor  to  an 
I  he  tell  the 

ntmcnt  of  his 
;ht  form  one ; 

Colchester's 
a  other  day. 
3  this  House 
g  an  address 
Wlien  the 
Londonderry, 
I  the  address 
"  obstructing 
summer  ses- 
1,     I  tell  that 
is  Assembly, 
)Osition,  they 
the  interests 
member  for 
of  London- 
presentations 
which  either 
s  disposition, 
ins  ?     Simply 
it],  in  -which, 
rissertion,  that 
the  civil  list. 
!s  statement ; 
was  carried 
vlcss  and  dis- 
ill   continued, 
led  and  circu- 
me.     I  never 
ment  they  are 
misstatements 
le  of  them  iu 


GENERAL   REPLY. 


487 


my  hand,  in  which,  after  reciting  a  number  of  wonderful  feats,  that  no- 
body ever  heard  of  the  gentleman  [)erf()rming  or  thought  very  much  of 
if  he  did,  he  asks,  "Who  did  all  these  things  ?  and  answers,  '•  ihc  member 
for  Colchester."  One  would  really  sui)pose,  to  read  this  letter,  that  the 
member  for  Colchester  was  a  greater  man  than  Cu'ser,  and  spent  one 
half  the  year  iu  performing  singular  e.v[)]oits,  and  the  other  half  in  writ- 
ing  his  own  commentaries.  I  allowed  these  letters  to  circulate  for  nine 
months  without  taking  any  notice  of  them,  because  I  knew  that  I 
should  by  and  by  have  the  author  here,  before  this  House,  before  the 
whole  country,  when  a  plain  statement  of  facts  would  put  him  to  shame, 
and  show  to  his  constituents  the  real  character  of  "  the  memlier  for  Col- 
chester." In  one  of  these  letters  he  stated  that  I  fobbed  X'1,<)J0  for  lif- 
teen  months'  service  as  Collector  of  Excise,  when  he  knows  that,  de- 
ducting the  salaries  of  clerks,  and  expenses  of  office,  I  received  but 
£74G  for  nearly  sixteen  montlis,  to  say  nothing  of  a  month  spent  in  pre- 
paring accounts  after  I  left  the  office,  leaving  me  a  trille  over  £."»()()  a 
year  for  the  whole  time  spent  in  tlu'  public  service.  His  statiMuent,  on 
this  point,  then,  is  without  the  shadow  of  foundation.  l»ut  contrast  my 
charges  with  those  of  my  predecessors  in  office,  of  wliom  notiiing  is  said 
because  they  belonged  t(j  the  honorable  gentleman's  own  party.  I 
charged  £1,050  for  sixteen  months;  they  charged  £1,002  for  eight 
months,  yet  the  member  for  Colchester  never  complains  of  tlieni  to  his 
constituents.  Again,  the  honorable  member  accused  me  of  underpaying 
the  first  clerk,  and  giving  iiim  but  £125  for  fifteen  months  ;  but  he  knows 
that  I  raised  that  gentleman's  salary  when  I  entered  the  office,  giving 
him  one-fourth  more  than  he  had  received  from  Mr.  IJinney ;  that  I  paid 
£1GG,  and  not  £125,  or  £10  more  tlian  he  would  have  received  if  I  had 
never  accepted  the  aj)pointment.  These  are  specimens  of  the  honorable 
member's  style  of  misrepresentation.  I  defy  him  to  tlisprove  a  word 
I  have  said,  or  to  escape  from  the  disgrace  of  such  conduct.  He  has  en- 
deavored to  swell  my  emoluments  by  charging  me  with  interest  on  the 
monies  Avhicli  lay  in  my  chest.  His  calculations  on  this  point  are  ecpudly 
inaccurate ;  but  I  may  say  this,  I  might  by  law  have  accumulated  much 
larger  sums  than  ever  lay  in  the  chest;  that  J  never  held  an  amount 
equal  to  half  the  sum  for  which  I  had  given  good  bonds  to  the  govern- 
ment ;  and  that  the  rule  which  the  honorable  gentleman  is  so  anxious  to 
ap[)ly  to  me,  was  never  applied  to  any  other  officer  in  jS'o\a  Scotia. 
When  it  is,  I  have  no  desire  to  escape  from  its  operation.  There  is 
anoilier  gross  misstatement  in  this  letter,  where  the  honorable  gentle- 
man complains  of  some  report  in  The  Nova  Scotian,  or  31orning  Chron- 
icle, and  adds  that  Mr.  Aunand  was  paid  for  publishing  the  debates.     He 


i 


!  1 


!  ,  I 

I  I 


^lA 


1:1!    . 


^ 


'4 


m 


488 


GENERAL  REPLY. 


^•1' 


■?ir. 


know?,  or  ouglit  to  have  known,  that  that  gentleman  never  received  a 
farthing  for  printing  the  debates,  or  touched  a  sixpence  of  the  public 
money.  I  make  these  few  references  to  show  the  character  of  these  let- 
ters, and  to  caution  Mr.  Koss  hereafter  to  make  no  statements  to  the 
people  of  Colchester  which  he  cannot  defend  in  this  Assembly. 

Mr.  Ilowe  here  referred  to  Mr.  Ross's  address  to  the  freeholders  in 
1841,  and  read  tlie  following  passage:  — 

"  Mr.  Howe's  exertions  to  reform  and  assimilate  our  institutions  to 
those  of  Great  Britain,  deserve  not  only  the  approbation,  but  also  the 
sturdy  support,  of  all  who  wish  prosperity  to  the  Colonies.  It  is  his 
misfortune,  however,  that  the  democratical  points  of  our  Constitution, 
which  are  the  safe-guards  of  our  liberties,  and  which  he  wields  for 
that  purpose,  are,  by  some  who  are  found  in  his  ranks,  seized  upon 
for  the  purpose  of  banishing  every  trace  of  monarchy  from  our  institu- 
tions. 

"  The  only  responsibility  which,  as  a  Colony,  we  can  expect  to  intro- 
duce, is  to  make  the  heads  of  departments,  paid  by  the  Colony,  amenable 
to  the  House  of  Assembly,  by  holding  a  seat  in  the  Executive  Council, 
ex  officio." 

Tliat  was  the  honorable  gentleman's  opinion  of  me  at  a  time  when  he 
hoped  to  got  a  seat  in  this  House  under  the  cover  of  my  name  ;  such 
"were  his  opinions  of  responsible  government,  and  heads  of  departments, 
before  the  Baptist  quarrel  had  divided,  to  some  extent,  the  liberals  of 
Colchester.  It  is  for  him  to  explain,  how  it  happens  that  he  is  here  to- 
day, a  party  to  a  contemptible  proscription  of  the  man  he  lauded  in 
184.1;  how  he  now  opposes  the  very  system  which  he  then  pledged 
himself  to  carry  out  ?  The  honorable  gentleman  reminded  me,  the  other 
day,  that  T  had  spent  four  or  five  days  in  Colchester,  this  summer,  and 
wondered  I  had  not  called  a  public  meeting  and  "  toed  the  mark,"  as  he 
phrased  it.  I  engaged,  on  my  way  to  Cumberland,  to  attend  two  meet- 
ings in  Hants ;  I  intended  to  have  crossed  the  bay  from  Londonderry, 
t»ut  was  disappointed.  At  Truro  I  received  letters,  and  found  I  had  two 
days  to  spare.  I  spent  them  delightfully  at  Truro,  among  old  friends, 
and  pleasant  scenery,  without  once  thinking  of  the  honorable  gentleman. 
I  had  the  Attorney  General,  Mr.  Stewart  and  IMr.  Wilkins,  upon  my 
hands  about  that  time,  and  really,  could  not  descend  to  "  the  member 
for  Colchester."  There  was  a  sportsman  in  the  east,  who  once  fired  at  a 
goose  similtaneously  with  an  Indian.  He  bagged  the  bird.  The  Indian 
looked  at  him,  and  said,  "  you  from  Truro,  ain't  you  ?  "  "  No,"  said  the 
man,  "  I  am  from  Pictou."  The  Indian  shook  his  head,  and  replied, 
"  Pictou  man  never  shoot  a  dead  goose."     Now,  the  honorable  gentleman 


iVfl 


l/l 


r.ritf, 


GENERAL  REPLY. 


489 


will  pardon  mo,  l)iit  vlion  flic  address  was  sont  to  Lord  Falkland,  signed 
by  fifleen  Iiiimlreil  of  the  yeomanry  of  Colcliester,  T  eon-idcr-d  liini  po- 
litically slain,  and  I  had  no  desire  to  *•  shoot  a  dead  goo-ie." 

In  turning  to  the  remarks  of  the  honorable  and  learned  inemlter  from 
the  town  of  Halifax  [Mr.  A.  ^f.  I'niaeke],  T  may  oI)~erve  that  cireuin- 
Stances,  which  neitlu.'r  of  as  could  contnd,  have  made  us  eolleagia^s.  It 
is  for  the  interest  of  our  constituents  that  wi;  should  treat  each  other  with 
frank  courtesy;  and  I  will  say,  once  for  all,  to  the  honorable  gentleman,  that 
if  he  can  say  no  good  of  me  he  might  as  well  let  me  alone.  lie  says  he 
understood  in  July,  that  I  was  willing  to  retire.  If  so,  I  put  it  to  him,  as 
a  man  of  honor,  if  that  ought  not  to  have  been  stated  to  Lord  Stanley? 
and  if  the  impression  should  have  been  made  that  I  was  the  dilliculty 
and  the  obstruction?  The  icarned  gentleman  charged  upon  me  an  ir- 
reverent contrast  of  myself  with  the  Savior;  but  if  he  had  referred  to  the 
passage,  —  and  he  ought  to  have  made  the  reference,  or  not  have  mado 
the  chai'gc,  —  he  would  have  seen  that  I  but  contrast'^d  the  sacred  precept 
with  the  sentiments  of  the  Attorney  General.  But  sir,  even  on  this  point  I 
am  prepared  to  meet  the  learned  tnember,  and  show  him  that  the  organ 
of  llu^  government  he  supports  did  the  very  thing,  which,  without  a 
shadow  of  foundation,  he  chai'ges  upon  me.  [Here  ?.Ir.  Ilowe  read  an 
extract  from  The  Morning  Post,  in  which  an  irreverent  contrast  was 
made  between  the  Savior  and  the  Attorney  General.]  IMy  learned  col- 
league also  road  us  a  lecture  on  charity,  without  which,  he  said,  "  all  else 
■was  as  sounding  brass  and  tinkling  cymbals."  I  may  deserve  the  cen- 
sure, but  this  I  will  say,  that  when  I  am  erarusted  with  the  dispensation 
of  public  charity,  I  do  not  give  two  bushels  to  my  friends  and  one  to  my 
foes.  He  made  a  reference  to  my  hotter  to  ]Mr.  Ilincks,  and  I  am  glad 
of  it,  because  it  gives  me  an  opportunity  of  refuting  a  charge  made,  dur- 
ing the  summer  session,  by  the  leader  of  the  government.  I  had  not 
the  letter  by  me  at  the  time,  ])nt  shall  now  read  the  passage*,  and  defy 
either  gentleman  to  point  out  an  error  if  they  can,  despite  tiie  Attorney 
General's  impassioned  appeal  to  the  "fifty  witnesses"  —  now  that  I  have 
the  letter  in  my  hand,  I  know  that  he  can  neither  justify  his  animation 
nor  his  argument.  [Mr.  Howe  read  the  extract  referred  to,  and  de- 
fended its  correctness.]  "With  respect  to  the  member  of  Council  to  whom 
he  probably  alluded,  in  reference  to  the  constitutionalist's  letters,  if  that 
gentleman  says  he  was  not  present,  I  will  take  his  word,  but,  at  this  mo- 
ment, my  impressions  are  different.  Mr.  Howe  then  exhibited  a  list  of 
the  county  magistracy,  by  which  it  appeared  that  in  1810,  there  wa:  not 
a  liberal  magistrate  within  the  township  of  Halifax,  and  but  three  or 
four  in  the  whole  county;  that  now  the  conservatives  had  one-half, 


ii: 


i* 


.^i'V 

I'i 

■  t 


'. 


.1  '1 


IT 


4D0 


GENERAL   REPLY. 


1l  !s't 


1  \ 


mwm 


Mm. 


m:h 


m 


r  i- 


althougli  tlioy  were  Ji  minority  of  the  population ;  four  or  five  of  the  re- 
cent appointment-}  being  from  one  side,  it  is  plain  that  we  were  getting 
back  to  the  old  system  of  exclusion  and  injustice ;  and  one  of  those  ap- 
pointments was  a  disgrace  to  the  government  and  to  the  county.  lie 
handed  the  list  to  Mr.  Uniacke,  that  the  statement  might  be  tested.  lie 
concluded  his  reference  to  that  gentleman's  speech,  by  showing  that  while 
he  now  contended  that  the  Governor  could  not  sit  in  Council  with  a  per- 
son who  had  offended  him,  he  had  himself,  in  1812,  gone  with  a  commit- 
tee to  invite  Lord  and  Lady  Falkland  to  a  public  ball,  when  the  Mayor, 
who  was  to  do  the  honors,  had  just  been  dismissed  from  the  Governor's 
staff,  for  some  personal  affront. 

The  learned  member  for  Lunenburg  [Mr.  Owen],  next  claims  atten- 
tion, lie  is  not,  perhaps,  the  wisest  or  the  worst  of  Lord  Falkland's 
band  of  doughty  warriors,  but  is  quite  a  curiosity  in  his  way.  He  talks 
of  "  agitation  i)olluting  the  country,"  but  did  he  ever  think  of  that  when 
his  friend  the  Attorney  General  went  agitating?  Oh,  no  ;  agitation  was 
a  medicine  then,  it  is  a  poison  now ;  it  was  right  to  drug  the  patient  to 
death,  but  it  is  not  right  to  shake  him  to  counteract  the  effects  of  the 
dose.  I  caution  the  gentleman  to  have  a  care  that  the  "  pollution  "  docs 
not  extend  to  his  own  county.  Hitherto,  the  hardy  Germans  of  Lunenburg 
have  been  placed  in  opposition  to  liberal  opinions.  Circumstances  have 
done  this,  and  not,  as  I  believe,  the  firm  convictions  of  the  mass  of  the 
people.  The  Germans,  everywhere,  arc  lovers  of  freedom,  manliness, 
and  fair  play  ;  and  I  have  no  doubt,  when  the  freeholders  of  Lunenburg 
come  to  understand  the  line  of  conduct  that  learned  member  has  pursued, 
that  they  will  teach  him  a  useful  lesson.  Surely  he  is  a  strange  repre- 
sentative either  of  their  brains  or  their  bodies.  When,  the  other  day, 
swelling  with  the  greatness  of  his  theme,  he  talked  to  us  of  the  leaves 
of  pine  trees,  of  Niagara,  and  Indians,  and  of  every  thing  else  that  had 
nothing  to  do  with  the  subject,  he  reminded  mc  of  a  minature  balloon 
that  I  once  saw  gradually  filling  with  gas  at  the  Cremorne  Gardens ;  and 
as  the  learned  gentleman  reached  the  highest  point  of  inflation,  I  really 
feared  he  would  have  gone  up  through  the  ceiling,  and  been  lost  to  the 
world  forever.  His  imagery  is  not,  I  regret  to  say,  always  true  to  na- 
ture ;  and  sometimes,  when  he  fancies  he  is  most  sublime,  his  audience 
perceive  that  he  is  most  ridiculous.  Where  he  discovered  the  "  leaves  " 
of  "  pine  trees  "  I  know  not ;  but  I  do  know  what  he  set  me  thinking  of 
■when  he  introduced  the  falls  of  Niagara  upon  the  scene :  of  the  little 
tailor  who,  when  he  stood  beside  them, 

" only  made  this  note, 

'  Oh,  what  a  place  to  sponge  a  coat ! ' " 


GENERAL  REPLY. 


491 


lie  told  us  that  wc  "  were  not  bound  to  weigh  every  word  in  Lord 
Falkland's  dispatch."  But  ought  not  every  word  to  have  been  weighed  be- 
fore it  was  sent  ?  A  Governor  who  conceals  the  whoh;  truth  ;  who  draws 
strong  conclusions  from  premises  which  exist  only  in  his  iniagiiiatiun ; 
who  unfaithfully  represents  to  his  sovereign  the  state  of  the  Province 
entrusted  to  his  care,  surely  commits  a  greater  offence  than  he  who  scrib- 
bles a  pasquinade.  It  amused  me  much  to  hear  the  learned  niend)er 
for  Lunenburg  criticising  the  press,  and  complaining  of  lampoons.  Wli}', 
it  is  shrewdly  s'  spccted  that  he  edits  one  of  the  Halifax  papers  during 
the  session;  and  I  can  scarcely  open  one  in  which  I  do  not  find  sonic- 
thing  that  Mr.  Owen  said,  or  some  correction  of  what  he  meant  to  say, 
very  pompously  introduced.  And  as  to  lampoons,  the  gentleman  actually 
had  the  good  taste  to  show  me  one  of  his  own  composition,  in  the  Sjjeak- 
er's  room  last  winter,  that  I  might  read  my  fate  in  nianusei-ipt  before  I 
was  annihilated  in  print.  So  far  from  taking  the  matter  as  gravely  as 
my  Lord  Falkland  does,  I  only  smiled,  not  at  his  wit,  but  at  his  want  of 
it ;  and  I  do  assure  him,  that  if  I  had  been  forming  a  Council,  and  he 
had  been  otherwise  suitable,  instead  of  adding  pungency  to  his  satire  by 
a  silly  proscription,  I  would  have  taken  the  sting  out  of  his  lampoons  by 
offering  him  a  seat. 

The  learned  gentleman  told  us  that  I  was  never  "  guilty  of  the  sin  cf 
foi'bearance."  Sir,  he  little  knows  how  often  I  forbear.  As  Burns  has 
it,  he  may  "  ken  what's  done,  but  seldom  what's  resisted."  lie  rarely 
rises  here  to  make  a  speech  full  of  unintelligible  nothings,  but  what  my 
fovbearance  saves  him  a  lashing ;  and  for  every  pasquinade  let  off  in  the 
faces  of  his  party  the  liberals  have  a  dozen  in  reserve.  "  The  Lord  of 
the  Bedchamber "  is  complained  of;  but  we  gave  them  only  the  first 
part  of  it ;  I  hold  in  my  hand  the  second  fytte,  which  is  much  more  racy 
than  the  first,  and  the  whole  poem  might,  but  for  our  "  forbearance," 
have  extended  to  the  length  of  the  Lady  of  the  Lake.  But,  sir,  we 
take  no  delight  in  flagellating  our  enemies.  If  I  take  the  lash  in  hand, 
it  is  generally  with  the  indifference  of  a  drummei",  who  but  executes, 
upon  some  incorrigible  offender,  the  sentence  of  a  court  martial.  "  But," 
says  the  honorable  gentleman,  "  this  is  not  the  day  for  the  member  for 
Halifax ;  his  dream  of  power  is  gone."  "Well,  it  may  be  so ;  this  may 
be  "  the  day  of  small  things  "  for  me  —  the  day  of  the  triumph  of  small 
minds.  This  may  be  the  day  when  the  live  donkeys  are  to  rear  their 
heels  against  the  lion  they  fancy  politically  dead.  Let  them  have  a  care 
that  he  does  not  come  to  life.  "  Dream  of  power  " !  Sir,  how  poor  an 
interpreter  the  learned  gentleman  is  of  my  dreams ;  how  little  he  under- 
stands what  I  call  power.      Power !   to  sit  at  a  round  table  and  make 


rij 


fi  ! 


v.|" 


:!■    ,). 


m    ill 


492 


GENERAL   REPLY. 


n  -.rt  ' 


m 


inn'XiMnxicr*  smd  coniiMissioncrs  of  sdiools  —  power!  to  be  followed  and 
liiwiieil  upon  l)y  .-iidi  liolidny  insects  ;is  the  learned  member  ibr  Lunen- 
burg, who  would  ehange  into  gad  Hies  with  a  ehange  ol"  wind.  J'ower, 
sir  !  I  would  have  that  gentleman  know  that  I  have  [xiwer  over  him  at 
this  moment,  —  tht^  power  wliii'h  inlelleet  gives  over  indjeeility,  and  from 
wldeli  he  cannot  escape;  and  that  I  do  not  liold  political  power  by  tho 
Trail  teniu'e  ol"  a  disingenuous  disi)ateli,  but  by  the  inipureluiscabic  faith 
of  an  intelligent  and  free  people. 

The  honorable,  gentleman  luis  favored  us  Avith  his  views  of  responsi- 
ble government,  and  rung  the  changes  ujK)n  the  ilgurc  in  the  Toronto 
si)eeeli.  The  lovely  .Viigelica  will  soon  ri'sendde  the  woman  in  Scrip- 
ture, who  was  married  t^even  times,  until  it  was  dillicult  to  tell  who  had 
the  fairest  claim.  She  has  passed  from  the  hands  of  the  Speaker,  and 
the  learned  members  from  Hants  and  Kings,  but  1  fear  lier  charms  arc 
failing,  as  I  Hud  her  under  the  protection  of  the  learned  member  for 
Lunenburg,  lie  tells  us  >he  has  been  the  cause  of  all  our  troubles.  I 
fear  if  she  keejjs  comi)any  much  longer  with  the  Tories,  sluj  will  not 
only  suH'ei"  in  re|)Ulatiun,  but  produce  a  mongrel  progeny.  The  learned 
mend)er  will  i)ardon  me  Ibr  reminding  him  that  Helen  was  the  cause  of 
no  trouble  till  the  false  Trojan  stole  her  from  her  friends,  and  from  her 
natural  guardian.  It  was  the  rajjc,  the  outrage,  that  roused  the  States 
of  Cireece,  levelled  the  walls,  and  destroyed  the  warriors  of  Ilimu.  Let 
the  Tories,  who  have  stolen  our  Angidica,  and  so  degraded  her  that  they 
cannot  themselves  decide  whether  she  is  a  wanton  or  an  honest  woman, 
be  assured  that  we  will  nevi-r  lay  down  our  arms  till  the  fate  of  Toryism 
resembles  that  of  Troy.  The  learned  member  assures  us  that  "  tho 
Governor  has  used  all  his  industry  to  get  some  gentlemen  out  of  our 
ranks."  AVho  doubts  the  fad  ?  Who  does  not  appi'eciatc  the  motive? 
But  where  are  the  proofs  of  his  success?  where  the  evidence  that  his 
skill  has  been  etpial  to  his  industry?  where  the  proofs  that  his  own  ac- 
count of  his  labors  is  not  a  tissue  of  misrepresentation  from  beginning 
to  end?  l)Ut,  sir,  I  have  wasted  too  much  time  with  this  learned  trifler ; 
with  one  lesson  more  I  must  pass  him  olT  the  stage.  lie  complains  that 
the  farmers  and  blacksmiths  discuss  political  cpiestions,  and  pronounce 
opinions  upon  respun.-ible  government.  AVhy  should  they  not?  Why 
should  tlie  men  who  live  by  lal)or  give  up  the  country  they  beautify  and 
improve,  to  the  sole  management  of  those  who  live  by  law  ?  Why 
should  the  farmers  and  mechanics  of  Lunenburg,  Avho  have  enriched 
the  county  by  their  industry,  hand  over  their  right  to  thought  and 
action  on  their  highest  earthly  interest  ■,  to  the  gentlemen  who  live  by 
the  sweat  of  their  brows  ?      If  the  learned  member  means   that  the 


'I  !fl 


GENERAL   REPLY. 


493 


lowed  and 
lor  Luiu'ii- 
I'owcr, 
ivcr  liiin  at 
^-,  and  tVoin 
HT  by  tho 
icablc  failU 

>f  rcsponsl- 
lie  Toronto 
n  in  Sorii)- 
I'll  who  had 
pcakor,  iind 
charms  arc 
member  for 
troubU':?.     I 
;he   will  not 
The  learned 
Ihe  cause  of 
id  from  her 
I  the  States 
Ilium.     Let 
or  that  they 
•nest  woman, 
of  Toryism 
that  "the 
n  out  of  our 
le  motive? 
lee  that  his 
lis  own  ac- 
m  beginning 
■ned  triiler ; 
iiiplains  that 
pronounce 
lot?      AVhy 
iieautify  and 
:iw?     Why 
AC  enriched 
Lhought  and 
ho  live  by 
us  that  the 


ppread  of  political  information  has  relaxed  the  industry,  or  injtnvd  the 
morals  of  the  people,  I  deny  tht;  fact.  There  is  less  of  dissipation,  los.^ 
of  brutality  and  vice  in  Nova  Scolia  than  there  was  ten  years  ago;  llie 
habits  of  the  population  have  improved  jusi  in  jjroportion  as  th<'ir  politi- 
cal privileges  have  expanded.  If  the  learned  gentleman  means  that 
farmers  and  mechanics  ought  not  to  interfere  in  politics,  becaus<!  their 
intellects  an!  more  obtuse  than  hi-s  own,  I  tell  him  that  I  will  lake  a 
dozen  young  men  from  the  forges  in  Halifax,  who,  with  a  sledge  ham- 
mer in  on(;  hand  and  a  hot  horse-shoe  in  the  other,  shall  deliver  a  better 
speech  on  responsible  government  than  he  can  make  after  a  month's 
preparation. 

In  approaching  the  speech  of  the  honorable  member  from  Guysboro* 
[IMr.  IMarsliall],  I  may  remark,  that  as  he  prefaced  it  with  an  assurance 
that  lie  did  not  desire  to  be  peivonal,  as  he  i)roin[)tly  answered  that  he 
did  not  refer  to  me,  while  using  strong  language  and  making  general 
charges,  I  shall  endeavor  to  pursue  a  similar  course,  and  deal  only  with 
his  argmnents.  The  honorable  gi-ntleman  complains  of  over-expendi- 
tures in  IS  12;  but,  after  all,  they  were  over-expenditures  on  roads  and 
bridges,  on  the  best  service  of  the  country.  If  any  wrong  was  done,  he 
should  I'cmciuber  it  was  done  under  the  administration  of  Lord  Falk- 
land;  and  that  those  who  now  surround  him,  and  receive  tin;  honorable 
gentleman's  support,  formed  a  majority  in  the  administration.  The  hon- 
orable gentleman  has  referred  to  a  case  of  defalcation,  but  knows  that 
that  occurred  under  the  administration  of  Sir  Colin  Campbell ;  and  that 
when  it  was  brought  to  the  notice  of  the  government  and  the  House  in 
1812,  every  proper  step  was  taken,  while  acting  with  fair  consideration 
to  the  party,  to  secure  the  public  interests.  The  debt  will,  I  trust,  be 
ultimately  paid ;  but,  if  it  is  not,  the  gentleman  will  bear  in  mind  that  it 
was  chictly  contracted  before  responsible  government  was  introduced. 
The  honorable  gentleman  also  complains  of  the  costly  system  by  which 
colleges  have  sprung  up.  I  acknowledge  the  force  of  the  argument,  but 
he  ought  to  acknowledge  that,  while  I  have  long  since  repented  of  any 
share  I  had  in  that  system,  the  Attorney  General  and  his  peculiar 
friends  still  cling  to  it  with  singular  tenacity.  The  member  from  Guys- 
boro' said,  that  if  the  Governor  knew  of  the  letters  which  have  been 
referred  to  in  this  discussion,  he  Avas  entitled  to  no  confidence.  On  that 
subject  my  written  statement  stands  uncontradicted  before  the  House 
and  before  the  country ;  it  has  not  been,  and  cannot  be  donie<l.  The 
honorable  gentleman  ought  to  remember,  when  he  undertakes  to  censure 
public  writers,  that  I  first  incurred  the  penalty  of  his  dislike  by  striking 
out  the  most  violent  passages  of  a  series  of  letters  which  he  was  ad- 
42 


M  .!' 


^r 


1  I 


f  n 


n 


M 


:   r 

I   I 

I  ■; 

'I 

I 


i 


494 


GKNERAL    REPLY. 


!■"!,•■'  I 


!'  i 


Hi 


(Irossing  to  ono  of'  llio  I'roviiu'iiil  jml^^cs.  lie  siiys  tliat  liis  cpiinsition 
to  tlu'  now  systom  arises  from  a  fear  that  it  will  bring  improiHr  incn 
into  this  Asisonnbly.  lint  it  has  been  in  operation  tour  years ;  we  have 
had  a  general  election  since  then,  and,  apart  from  jtolitical  bia-,  bt  iiiin 
look  around  tlicse  benelios,  and  see  if  he  can  discover  any  thing  to  war- 
rant his  apprehension  ;  if  lie  can  sek-et  a  man  \vli<i,  if  not  the  liltest,  is 
not  a  fitting  representative  of  th(!  intelligence,  experience,  and  integrity 
of  the  district  in  which  he  resides.  On  observation  which  the  honora- 
ble gentleman  made  was  perfectly  just :  tiiis  is  not  so  mucli  a  question 
between  the  Lieutenant  Governor  and  myself  as  between  me  and  his 
executive  advisers,  lie  would  not  have  taken  sucli  an  unconstitutional 
course  if  they  had  not  advised  if.  Tliey  coidd  not  i)ursu<'  it  if  not  sus- 
tained by  a  majority  of  this  House.  This  House  cannot  sustain  it  when 
the  coimtry  come  to  pronounce  their  opinion.  The  amendment  may 
pass,  but  every  one  who  votes  for  it  must  render  his  account  to  a  constit- 
uency who  know  that  the  whole  proceeding  is  as  un-Eiigli.-h  as  it  is 
dangerous  to  public  liberty  and  manly  independence.  For  my  part,  I 
shall  hold  myself  at  liberty  to  take  it  in  my  hand  into  any  part  of  the 
Province,  and  call  upon  those  who  voted  for  it  to  defe  rl  it,  if  tliiy  can, 
before  the  body  of  the  people. 

The  honorable  gentleman  tells  us  that  one  tyrant  Is  better  than  half  a 
dozen.  Let  us  work  out  responsible  government  fairly,  and  tlien  wc 
need  have  neither  ;  without  it,  we  shall  sometimes  have  one,  and  some- 
times a  plurality  of  despots.  The  honorable  gentleman  complained  that 
the  offices  of  Speaker  and  collector  of  excise  were  held  together ;  but 
he  will  remember  that  the  Speakership  was  resigned  the  moment  the 
House  met.  The  honorable  gentleman  f.ars  that  heads  of  departments 
■will  be  dangerous  things  if  they  have  control  over  the  deputies  in  the 
country.  Where  can  be  the  danger,  if  this  House  has  control  over 
them  ?  Besides,  the  honorable  gentleman  knows,  that  a  member  of  the 
government  he  supports,  has  just  defeated  a  bill  which  went  to  make  the 
deputy  registrars,  in  the  country,  independent  of  his  authority.  To  be 
consistent,  then,  the  honorable  member  should  protest  against  an  act 
which  goes  to  perpetuate  the  very  system  he  dislikes.  He  reminds  us 
that  heads  of  departments  were  formerly  in  the  Legislature,  and  tliat  the 
liberals  complained.  He  forgets  to  add  the  reason ;  because  tliey  then 
held,  for  life,  seats  in  the  Executive  and  Legislative  Councils,  independ- 
ent of  popular  control.  The  honorable  member  for  Guysboro'  also  talks 
of  a  decline  in  popularity  ;  it  may  be  so,  and  yet  I  should  not  much  fear 
to  mount  the  hustings  with  him  in  the  county  he  represents,  and  prove 
to  him  that  he  is  mistaken.    He  thinks  that  all  the  difficulties  have 


.gtiriJ-^ 


GENKRAL   REPLY. 


495 


s  opjiosition 
jiroi>rr  iiu'U 

is;    we  llilVC 

)hi>,  lit  him 
liinj^r  to  \v;\r- 
llic  liltc.-t,  U 
iiul  iiilcgnty 
1  the  lioiiora- 
li   ji  (imslioii 

me  ami  lii-* 
ii'onstitutioiial 

it  if  i>ul  siis- 
istiiiu  it  wlicii 
lemlincnt  may 
it  to  a  constit- 
^li^li  as  it  i^ 
)i-  my  part,  I 
ny  part  of  the 
it,  if  tluy  can, 

cr  than  half  a 
,  and  then  wc 
one,  anil  somc- 
omplained  that 
together;  but 
10  moment  the 
of  departments 
deputies  in  the 
IS  control  over 
member  of  the 
Mit  to  make  the 
lority.     To  be 
a^ain.'rt  an  act 
lie  reminds  us 
re.  and  that  the 
auso  they  then 
ncils,  independ- 
-boro'  alt^o  talks 
(1  not  much  fear 
jnts,  and  prove 
ilifficultics  have 


arisen  from  our  attomptinp;  fo  rr(.(  the  members  of  Council  out  ;  hut  it 
Hoems  lo  me  that  they  have  arisen  from  (heir  wantiu;^  to  '^ct  the  oppo- 
pitiou  in.  without  ever  having  offered  fair  and  honorable  terms.  As 
respects  my  posili»»n  witli  Lord  Falkhunl,  it  is  very  simple.  Since  I  left 
his  Coiincil,  I  have  neither  asked  nor  desired  tr»  return.  I  stand  as  in- 
depi'iidrnt  of  him  as  he  does  of  nie.  lie  has  ilone  his  best  to  injure  mo, 
but  fortunately  had  not  the  power.  If  he  was  in  my  place,  and  I  in  his, 
he  would  find  that  true  nobility  is  shown  in  breastinii;  the  storms  of  life  ; 
not  in  stretchinjjj  authority  until  it  falls  into  contempt.  T  ask  nothing, 
want  nothing,  of  His  Lord>hip  ;  but  to  be  let  alone.  AVhen  my  rights 
nre^  invaded  by  him  or  his  minions,  let  them  look  to  it ;  the  eonseciuenccs 
be  upon  their  own  heads.  "When  the  honoral)le  geulleman  complained 
that  the  new  system  acted  injuriously  on  the  character  of  the  Legishitive 
Council,  he  was  well  answered  by  my  honorable  and  learned  colleague 
[Mr.  Doyle],  who  showed  him  that  thru'c  were  now  eight  members  from 
the  rural  districts,  and  under  the  old  system  but  one.  There  was  one 
observation,  which,  as  it  was  an  insult  to  the  constituency  1  repre-^ent,  I 
cannot  pass  so  lightly  as  a  mere  taunt  addressed  to  myselt'.  The  honor- 
able gentleman  spoke  of  a  "  nest  of  demagogues  in  this  town."  [Mr. 
Marshall  rose  and  explained,  that  he  had  not  used,  or  did  not  remember 
to  have  used,  the  expression.] 

Mr.  Howe  passed  on  to  the  speech  of  Mr.  Dewolfe.  He  had  listened 
to  that  gentleman's  defence  of  the  old  system,  which  always  reminds  me, 
Baid  Mr.  Howe,  of  Sam  Slick's  father's  account  of  the  Battle  of  Bunker 
Hill.  3Iodern  times  have  produced  nothing  like  it,  and  no  men  can  be 
compared  to  the  worthies  •with  whom  the  narrators  were  associated. 
The  honorable  gentleman  was  a  member  of  the  old  govermnent,  and  he 
dwells  on  its  excellencies  with  a  lingering  faith  that  is  very  amusing. 
One  thing  struck  me  as  singular  in  his  oration  :  "  The  gentleman  from 
Pictou,  said  he,  wishes  to  go  back  to  the  old  system,  but  I  do  not." 
AVhat,  sir,  is  there  a  difference  of  opinion  ?  a  division  in  the  ranks  of  the 
administration  ?  Are  those  who  wi-ite  dispatches,  and  gloat  over  a 
"want  of  concert"  in  the  opposition,  doubting  whether  they  should  ad- 
vance or  retire  ?  divided  between  the  old  system  and  the  new  ?  The 
honorable  member  from  King's  says  that  all  would  have  gone  on  well, 
but  I  was  "  too  precipitate."  But  he  knows  that  all  was  going  on  well, 
when  he  retired,  and  led  up  an  opposition  to  the  government.  But  now 
he  is  all  right ;  he  is  snug  in  the  excise  office  ;  the  new  system  has  borne 
good  fruit,  and  "  he  does  not  want  to  go  back."  The  honorabh^  gentle- 
man thinks  I  should  have  retired  peacefully,  as  he  did.  But  he  ought 
to  remember  that  he  had  hardly  withdrawn,  when   he  shrugged  his 


'!* 


{•(•  I 


'^ 


'  y 


-^  I 


I  <i 


I'  ■  :" 
t!  ■ 


490 


GENKn.\r,   RKPr.Y. 


li:  1 


111 'III 


im 


sluMildcrs,  i-i)II)(l  up  lln'  wliilcs  of  lii-i  cyi's,  n';^iTlt<'(l  tliiit  lii«  lips  wvvG 
scaled,  anil  niotc  iliaii  liiiitt'd  that  I.ord  Falkland  and  lii^  laif  nilli'a;j;ucH 
Wi-vc.  nicdilatinj;  llu'  dcslruclidn  of  puldic  liberty.  Tlie  lionoralde  ;.'en- 
tleinan  tells  us  that  iii^  a-ked  for  the  excise  oillce  ;  no  doiilil  he  had  11 
i'i;,dit  to  a>k,  hut  he  nii;i;hl  liave  waiKMl,  as  his  predecessor  did.  till  it  WM 
freely  ollered.  II<'  painl>,  in  ;fln(»niy  style,  the  social  e\iU  which  politics 
Imve  produced  in  tlu!  interior  ;  hut  I  think  there  is  a  liiile  of  the  coloring 
of  Ji  diseased  inia;j;ination.  I  spent  a  few  days  in  the  c(»unly  ot'  King's 
last  summer,  and  saw  nothing  of  the  inhos[iitalily  and  tenipei*  which  its 
representative  d<'-'<'rihe'<.  All  ranks  and  shades  of  politics  mingled 
freely  in  festive  and  business  intercourse  ;  and  as  to  hospitality,  the 
only  risk  I  ran,  was  of  being  kiUotl  with  kindness,  —  .surfeited  with 
poultry  and  apple-pics.  I'olitics,  religion,  the  diversities  of  human 
opinion  and  human  employment,  must  create  parlies  in  rvi'vy  country, 
in  every  village,  every  street ;  but  T  doubt  if  the  old  Dyke  Wars,  and 
the  old  laws  of  llorton  Corner,  diil  not  produce  as  many  hard  thoughts, 
and  as  many  buttles,  ns  ever  responsible  government  stincil  up  in  the 
beautiful  county  of  King's.  1  heard  a  little  boy,  on  bidding  mine  w(d- 
come  to  the  county,  regret  that  "they  (lillcred  in  politics;"  but  they  were 
playing  marbles  in  five  minutes  ;  and  some  of  the  bright-eyccl  girls  at 
the  ball,  when  an  ugly  fellow  a>ked  them  to  diuice,  paused  to  in(iuire  of 
a  friend  whether  he  supported  the  govermnent  or  the  opposition  ;  but  if 
the  gentleman  happened  to  be  good  looking,  there  were  no  (juestions 
asked.  The  honorable  member  doubts  if  I  have  "justified  myself  to  my 
own  conscience;"  thank  Providence,  he  is  not  its  kee|)er.  He  reminds 
me  that  the  Governor  treated  me  with  frank  confidence  while  in  his 
Council,  and  that  there  was  much  done  that  met  my  approval.  I  tell 
liim  that  every  act  of  the  government  met  my  approval  until  the  disscilu- 
tion,  and  that  I  returni'd  the  eoniidence  reposed  in  me  by  frank,  devoted, 
and  respectful  service,  down  to  the  moment  when  I  became  convinced 
that  Ills  Lordship  hud  forgotten  old  tics,  and  declared  '"  war  to  the 
knife."  Then,  I  must  confess,  that  having,  like  my  neighbors,  a  little 
of  the  old  Adam,  I  thought  it  time  to  stand  on  the  defensive.  Tin;  hon- 
orable member  says  I  was  wrong  to  give  up  the  excise  office,  and  thinks 
there  are  many  conservative  members  who  would  gladly  have  seen  me 
retain  it.  I  doubt  it  not.  I  have  some  jiersonal  friends  on  the  other 
side  who  would  cheerfully  promote  my  interest  ;  there  are  otlan-.s  who 
would  have  rejoiced  had  I  retained  ofTice,  in  violation  of  the  principles 
maintained  by  the  opposition  ;  but,  sir,  had  I  clung  to  otrice.  I  should  have 
given  the  lie  to  my  whole  public  life,  and  sold  my  children's  birthright 
for  a  mess  of  pottage.     We  are  informed,  that  while  in  the  govermnent 


Mil 


fiENEUAL   IlEPLY. 


407 


ninc-tontlis  of  dm  pnfronn^^n  was  di-iin'tmcd  I>y  mo.  As  so  miioli  lins 
Ix'cii  said  alioiit  violations  of  conndiiin-,  I  call  iipoii  tlii^  lioiioralilc  p>n- 
tlcinaii  to  -how  \>y  what  authority  hr  makes  that  s\vc('|iin^  di-clo^nrc  ? 
[Mr.  Dcwolfc  cxplaiiK-d  that  th(!  fact  was  stated  in  I.orl  I-'alkhiiid'ii 
piilili>hcd  h'ttcM'.J  'I'hat,  sir,  is  what  I  coinphtiii  of;  that  His  Lordship, 
in  violalifiii  of  all  coiifideiu-f,  in  order  to  niak(^  a  case  against  tis,  opened 
to  the  [ndilic  the  secrets  (»f  his  Couttcil  hoard  ;  and  now  his  friends  cavil 
because  a  little  more  has  heen  trdil,  which  their  I0II3'  has  extorted  from 
us  in  self-(I('rence,  ISiit  assiuiiin;^  that  the  honorable  r^entleinan  speaks 
the  truth,  my  justification  for  renuiiniiig  in  Council  from  IHlO  to  1S1.'3 
is  complete.  I  low  stands  the  caso  with  the  honorahlc  ;^entleiuan  and  hii^ 
friends?  Should  they  have  held  their  places?  Should  tliey  not  have 
done  as  I  did,  when,  in  December,  I  fomid  that  th(^  boot  was  to  be  put 
upon  the  other  le^  ?  The  honorable  collector  thinks  that  business 
would  be  better  done,  if  government  couhl  take  good  men  to  fill  tho 
offices,  without  reference  to  parties  in  tho  Legislature.  IJut  where  would 
be  the  check?  Where  was  it  in  the  ohleii  time,  when  tla;  departments 
were  banded  down  from  father  to  son,  and  striplings,  who  bad  seen  no 
service,  were  promoted  over  the  heads  of  those  who  had  for  years  done 
the  i)iibli(r  bii-iness,  and  enjoyc(l  the  confidence  of  the  country?  He  tells 
us  that  no  two  persons  describe  responsible  government  alike,  and  that 
nobody  can  tell  who  is  its  father.  Did  be  ever  see  two  peas,  or  two 
leaves  alike?  or  two  faces  that  did  not  differ  in  expression?  v.  ui  wc 
expect  more  verisimilitude  or  accuracy  in  definitions,  by  minds  uaincd 
♦0  view  cpiestions  in  difTerent  lights,  and  to  express  their  thoughts  in 
language  fruitful  in  terms  and  illustrations  ?  It  is  said  to  be  a  wise  child 
that  knows  its  own  father.  Responsible  government  may  be  claimed  by 
different  parents,  but  it  is  n  vigorous  and  promising  child,  with  the  old 
British  lineaments,  and  with  IJritisli  blood  in  its  veins,  and  the  liberals 
of  North  America  will  guard  it  till  it  grows  to  man's  estate. 

The  honorable  gentleman  made  the  other  day  the  singular  assertion 
that  Lord  l'\dklaiid's  government  was  weak  because  I  was  in  it.  Yet  it 
was  supported,  at  almost  every  trying  crisis,  by  four-fifths  of  the  peo- 
ple's representatives.  I  Jim  out  now  —  is  it  stronger?  Does  it  deserve 
the  name  of  a  government,  with  its  seats  in  Council  vacant,  and  its  par- 
liamentary majority  of  three?  He  says  I  asked  him  in  1813  why  he 
was  so  quiei  ?  I  did  jocosely ;  because  he  deserted  the  government, 
and  being  defeated  in  one  encounter,  all  his  opposition,  like  Bob  Acres ' 
courage,  suddenly  oozed  out  of  the  palms  of  his  hands.  He  had  afforded 
us  some  amusement,  and  I  thought  might  furnish  a  little  more.  There 
was  one  observation  the  honorable  gentleman  made  that  he  might  have 
42* 


'I      iM 


,:'?!f-n'tH; 


%i 


498 


GENERAL   REPLY. 


spared,  Ijccause  it  was  ba-;p(l  upon  a  dcj^radinj^  view  of  Imman  nature, 
whicli  those  wlioni  industry  or  accident  liavc  provided  tor,  are  too  apt  to 
take:  olllces  should  only  he  give  i,  said  he,  to  those  whose  means  are 
luuple.  liut  arc  intelligence,  activity,  and  integrity,  confined  to  this  class 
alone?  No,  sir;  there  is  as  much  virtue  to  be  l\)und  IxMieath  the  peas- 
ant's humble  roof  as  in  the  rich  man's  luxurious  mansion  ;  then,'  are 
hundreds  of  poor  men  in  this  country,  lit  for  any  olHc*',  to  whom  the 
wealth  of  worlds  would  offer  a  vain  tem{)tation  to  do  wrong;  lliere  are 
men  of  moderate  means  in  this  town,  who  are  trust<'d  every  year  with 
duties  more  delicate,  and  sums  much  larger,  than  arc  confided  to  any 
officer  of  the  Provincial  government.  I  grant  that,  under  the  new  sys- 
tem, individuals  nuvy  be  put  to  inconvenience  ;  but  few  will  arriv(>  at 
office,  without  some  means  of  living  Avhen  they  retire ;  and  a  dozen 
occupations  present  themselves,  in  a  new  country,  at  every  period  of  life, 
to  the  man  of  frugal  and  industrious  habits.  Ihit  society  would  be 
shaken  to  its  centre  if  the  honcrable  gentleman's  doctrine  were  true; 
government  would  become  an  odious  oligarchy,  if  honors  and  oilices 
were  to  be  reserved  only  for  the  rich.  A'irtui;  and  knowledge  woidd 
cease  to  be  distinctions,  if  those  who  possessed  them  were  to  be  discoun- 
tenanced by  the  State  which  should  call  them  into  its  service. 

With  the  temper  and  style  of  argument  of  the  learned  member  from 
Queen's  []Mr.  Fairbanks],  I  find  no  fault.  He  thinks  all  is  right  be- 
cause the  principle  of  resi)onsible  government  is  still  in  operation;  but  he 
forgets  that  all  the  acts  of  an  administration  may  be  hostile  to  the  exist- 
ence of  a  principle,  and  yet  opposition  be  strong  enough  to  preserve  it. 
He  says  that  I  could  not,  as  a  gentleman,  have  sat  beside  Lord  Falk- 
laiil  after  what  had  occurred.  His  Lordship  and  I  are  the  best  judges 
of  that;  but  what  has  this  House  and  the  public  to  do  with  it?  Can 
such  a  question  be  constitutionally  submitted  to  Parliament?  I  have 
never  sought  to  reenter  his  Council.  By  what  right,  then,  has  my  name 
been  dragged  into  ministerial  notes,  and  bandied  about  in  grave  dis- 
patches ?  Besides,  if  the  principles  are  here,  as  in  England,  why  should 
they  not  bear  fruit?  Did  the  honorable  gentleman  ever  hear  of  a  Min- 
ister going  ou.  at  home,  for  fifteen  months,  with  half  a  Cabinet?  Did 
he  ever  hear  of  an  Attorney  General  going  down  to  the  House  of  Com- 
mons with  a  pile  of  newspapers  under  his  arm,  to  account  for  the  wani 
of  a  Ministry?  or  of  two  sessions  without  a  single  measure?  But,  we 
arc  told,  there  has  been  some  departmental  improvements.  Perhaps  so  ; 
from  the  very  moment  I  entered  office,  every  Tory  became  a  de[)art- 
mental  reformer,  although,  for  half  u  century  before,  the  whole  system 
was  perfect.     The  learned  gentleman  strangely  mistakes  when  he  sup- 


nsin  nature, 
c  too  a})t  to 
in(!iiiis  are 
to  till:?  class 
til  the  peas- 
;  iliere  are 
I)  whom  the 
r ;  ilicre  are 
•y  year  with 
fidcd  to  any 
the  new  f^ys- 
ill  arrive  at 
;uul  a  (lo/en 
)cri()(l  of  life, 
ly  woiiUl  be 
e  were  true; 
■!  ami  otrices 
pledge  would 

0  be  discouu- 
'e. 
member  from 

is  right  be- 
at ion;  but  he 
>  to  the  exist- 

1  preserve  it. 
i  Lord  Falk- 
e  best  judges 
nth  it?  Can 
cut  ?    I  have 

las  my  name 
in  grave  dis- 
ci, why  should 

ar  of  a  Min- 
abiuet?     Did 

ousc  of  Com- 
t  for  the  want 
re  ?  But,  we 
Perliaps  so ; 
mie   a  dcpart- 

whole  system 

when  he  sup- 


GENERAL   REPLY. 


499 


poses  that  Lord  Sydenham  did  not  recognize  the  ])o\v(>r  of  the  Colonial 
Assemblies  to  act  coustitutioiKilly  upon  tlic  Councils,  by  withdrawing 
their  eonlidence.  Tliis  power  was  distinctly  recognized  in  all  the  dis- 
cussions of  the  jx'riod  ;  it  was  tli(.'  foundation  of  the  whole  svsti'Ui  ;  to 
the  active  operation  of  it  Lord  Sydenham  mainly  looked  for  peace 
and  improveuuMit  in  Uritisli  Aniei'ica.  II<'  desired,  and  this  was  the 
only  source  of  his  solicitude,  that  the>e  great  powers  siiould  be  used  with 
temper  and  discretion.  Jt  is  aii  insult  to  Lord  Sydenham's  memory,  !o 
suppose  that  he  -lirunk  from  the  application  to  these  noble  Provinces 
of  the  principles  we  now  enjoy.  He  saw,  in  181<>,  as  clearly  as  I  did, 
that  they  could  not  be  preserved  without  them. 

The  meml)er  lor  ()ueen's  has  referred  to  tli(!  newspaper  controversies, 
and  thinks,  that  though  attacked,  I  should  have  forborne.  Uut  why?  why 
should  I  always  bear  and  forbear,  when  noboily  on  the  otliei-  side,  sets 
the  example  ?  —  w  liy  should  I  overflow  with  the  milk  of  human  kiiidn:'ss, 
■when,  among  tla;  Tories,  gall  and  bitterness  are  rmuiing  from  every  pore  ? 
In  the  Baptist  dispute,  I  was  tradiice(l  for  mouths  before  I  took  iij)  my 
pen  ;  in  IS  12,  I  did  not  write  a  Hik;  for  half  a  year,  but  the  very  for- 
bearing jioliticians  over  the  way  pelted  me  royally  all  the  time.  In  IS  ff, 
as  I  have  already  ^liowii.  Lord  Falkland  and  his  friends  dn^w  a  few 
humorous  stpiibs  upon  their  own  heads  l)y  a  course  of  most  outrageous 
folly.  Tiie  learned  gentleman  says  that  his  blood  boiled  at  alta^-ks 
upon  his  family,  in  the  "  Constitutionalist's  "  letters.  But  the  learned 
gentleman  should   reiiu'ml)er,  that  hardly  had  th(».  first  of  thost.'  letters 


ippcar 


ed,  in  which  there  was  a  general  allusion  to  a  wharf  with  several 


establishments  on  if,  when  his  friends  rushed  into  the  newspapers,  attri- 
buted an  anonymous  letter  to  me,  and  jmt  their  own  names  to  a  coui)le 
of  coluinHS  of  coarse  detimiation.  If  my  blood  did  not  boil  under  such 
circumstances,  there  would  be  vei'y  little  of  it  in  my  body.  That  gen- 
tleman Avell  know's,  sir,  that  I  des.:rved  no  such  outragi^  from  any  mem- 
ber of  his  family.  His  bit:;  1)rotlier,  whose  talents  and  indomitable 
industry  I  admired,  ever  received  justice  at  my  hands,  and  often  the 
tribute  of  my  admiration  ;  but  I  r-hould  have  been  a  saint,  which  I  ara 
not,  to  have  patiently  enduu  .1  the  outbreak  to  which  I  have  referred. 
And  so  it  has  been,  IMr.  Chairman,  through  life ;  I  have  rarely  been 
the  aggressor  in  any  personal  controversy ;  I  have  spared  dozens  who 
richly  deserved  punishment,  whose  feelings  I  might  have  woumled,  and 
have  only  selected  an  otfender  here  and  there,  to  serve  as  an  example  to 
the  rest.  With  i-espect  to  the  "  Constitutionalist's  "  letter-,  aliout  which 
so  much  has  been  said,  let  me,  without  speculating  upon  the  authorship, 
show  to  this  House  the  circumstances  which,  in  my  deliberate  judgment. 


m 


■a 


r 


u 


Ml 


500 


GENERAL   REPLY. 


m 


•fcft\: 


i'  i 


h#s  ■; 


justified  their  publication.  I  do  not  seek,  like  others,  to  shrink  in  1845 
from  the  responsibility  of  wliiit  I  approved,  and  took  the  benefit  of,  in 
1842.  Wc  find,  in  the  opening  number  of  the  series,  the  reasons  for 
the  pr'jparation  of  those  letters  given.  IJeferring  to  the  writers  in  the 
conservative  press,  the  "  Constitutionalist"  says:  — 

"  They  have  spared  neither  sex  nor  age  ;  from  the  Governor  and  his 
amiable  lady,  and  the  members  of  their  household,  down  to  the  humblest 
individual  in  the  constitutional  ranks,  none  have  escaped.  For  the  last 
eighteen  months  a  system  of  organized  and  unprincipled  defamation, 
aimed  at  the  destruction  of  the  public  and  private  characters  of  every 
man  that  the  people  of  Nova  Scotia  esteem,  has  been  carried  on." 

To  abate  the  nuisance  he  declares  to  be  his  object,  and  adds  :  — 

"  I  will  not  do  this  work  by  halves.  Tiie  names  of  the  Governor  and 
his  lady  ;  his  secretary  and  his  aid  ;  of  IMr.  Robie,  Mr.  Johnston,  JMr. 
Stewart,  Mr.  McNab,  j\Ir.  Uniacke,  jNIr.  Dodd,  Mr.  Dewolfe,  Mr.  Howe, 
Mr.  Young,  IMr.  IJell,  JMr.  Stairs,  ^Ir.  Annaud,  ]Mr.  Lewis,  IMr.  Henry, 
Messrs.  Ciiipman,  IMr.  Whidden,  IMr.  Wightman  ;  nay,  of  every  man  at 
all  conspicuous,  either  as  a  member  of  the  present  government  or  as  a 
steady  and  consistent  supporter  of  its  measures,  and  of  the  new  Colonial 
system,  has  been  paraded  week  after  week  in  the  newspapers,  coupled 
Avith  every  vile  charge  and  foul  insinuation  which  could  undermine  their 
public  characters,  or  wound  the  feelings  of  their  political  and  personal 
friends." 

Such  was  the  state  of  the  conservative  press  in  the  summer  of  1842 ; 
such  had  been  its  state  for  eighteen  months.  I  had  retired  from  The 
Nova  Scotian,  which  was  very  moderately  conducted  by  Mr.  Tiiompson, 
and  the  government  was  at  that  time  defenceless.  Under  these  circum- 
stances, and  when  not  only  every  member  of  the  administration,  but 
every  inmate  of  Lord  Falkland's  family,  had  been  coarsely  assailed,  the 
"  Constitutionalist "  stepped  into  the  arena,  not  to  gratify  or  wound  per- 
sonal feelings,  but  to  defend  the  Governor  and  the  government,  and  to  put 
an  end  to  a  barbarous  style  of  warfare  by  a  little  wholesome  i-etaliation. 
I  do  not  mean  to  say,  I  never  have  said,  that  every  member  of  the 
Council  approved  of  every  line  in  those  letters.  "Where  they  touched 
personal  friends,  some  of  them  might  have  wished  perhajjs  that  passages 
had  been  expunged ;  but  that  the  letters  were  written  for  the  defence, 
and  with  the  countenance  of  the  government,  and  that  the  author  was 
thanked  in  Council  for  the  good  service  he  had  rendered,  can  never  be 
denied. 

The  honorable  and  learned  member  for  King's  [Mr.  Ilall]  comes  next 
in  order.     He  contrasted  me  with  Franklin,  but  I  fear  that  all  rescm- 


1^:11 


GENERAL  REPLY. 


501 


rl 


uk  in  1845 
ctu'lit  of,  in 
rciiisons  for 
•iters  in  the 

■nor  !uul  liis 
Mi  luiinbk'st 
For  tlie  lust 
defiunation, 
!rs  of  every 
a  on." 
Js:  — 
overnor  and 
)hnston,  jNIr. 
,  INIr.  Howe, 
jNIr.  Henry, 
very  man  at 
lent  or  as  a 
new  Colonial 
lers,  coupled 
ermine  their 
and  personal 

ler  of  1842 ; 
d  from  The 
Thompson, 
lese  circum- 
tration,  but 
assailed,  the 
wound  per- 
il, and  to  put 
e  retaliation, 
mber  of  the 
ley  touched 
hat  passages 
the  defence, 
author  Ava3 
an  never  be 

]  comes  next 
it  all  rescm- 


blanpp  ends  with  our  early  occupations.     Tl;c  ])liilo>ophcr  drew  down 
fire  from  heaven  with  jierfect  safety  ;  I  cannot  tly  my  paper  kites  in  the 
higher  regions  here  witliout  P^xecutive  vengeance  df'sceiiding  with  ijwful 
rumblings.     ]My  learneil  I'riend  told  me  that  I  should  have  copied   the 
example  of  Jimiiis.     I  wish  I  could  <'opy  his  style  ;  I)ut  Junius  attacked 
his  sovereign  and  the  ministers,  and   shrunk  from  the  responsibility  of 
liis  own  acts,     "What  I  have  done  was  done  openly,  and  in  the  face  of 
day,  and  although  I  have  rim   some  risk,  I  am  sure  that  my  learned 
friend  will  acknowledge  that,  to  use  tli(,'  hinguage  of  the  author  he  has 
referred  to,  "  the  rays  of  royal  indignation  "  which  Lord  Falkland  has 
contrived  to  concentrate,  "have  illumined  the  ol/iect  they  could  not  con- 
sume."    He  tells  us  that  he  would  rather  lay  flw;  blame  of  all  the  diffi- 
culties on  me  than  on  the   Governor.     "Who  doubts  it  ?     lint  suppose  I 
was  Governor,  and  had  all  the  patronage,  and  rank,  and  power,  and 
His  Lordship  stood  here  as  I  do,  where  would  he  lay  the  blame  (hen? 
The    learned  gentleman  told   us  that   Queen    Elizabeth   established    a 
printing  press,  but  he  forgot  to  adil   that  she  made'  a  diilerent  use  of  it 
from  that  to  which  those   are  applied  so  recently  purchased  by  Lord 
Falkland.     The    virgin    (^ueen    issued    her    Gazettes    to    inspire    and 
unite    a   free    people   to    resist  the  foreign  invader;    slu;  did  not  use 
them  to  slander  Cecil,  Howard,  or  Raleigh,  and  drive  them  in  disgust 
from  her  side.     His  other  historical  references  were  almost  as  happy, 
for  if  the  royal  family  came  to  the   throne  in  consequence  of  something 
published  in  a  Dutch  newspaper,  surely  the  sovereign  and  all  her  repre- 
sentatives should  be  veiy  tolerant  of  the  errors  of  the  press.     The  long 
extract  from  F'rskine  I  did  not  quite  comprehend,  but   if  there  is  any 
thing  tending  to  purify  the  newspapers,  it  had  better  be  sent   to  the 
editor      '  The   Gazette.     The  member  for  King's  acknowledged  with 
more  frankness  than  discretion,  "  That  he  had  not  the  same  horror  of 
responsible  government  that  some  on   his  side  had."     Mv.  Dewolfe  tells 
us  he  wants  to  go  on,  but   ]Mr.   Holmes  wants  to  go  back ;  and  his  col- 
league assures  us  that  he  likes  resiionsible   government  well  enough,  but 
that  some  of  his  friends  are  horriiie<l  at  it.     Yet  this   is  the  ]>arty  who, 
with  no  common  principle,  and  a  majority  of  ihre<>,  aspire   to  rule  this 
country.    TIk;  learne(l  gentleman,  however,  touched  Angelica,  not  with  a 
respectful  homage  of  a  sincere  admirer,  but  with  the  freedom  of  a  )-oiie 
whose  imagination  had  been  overheated  by  the  classics. 

Some  of  this  criticisms  were  scarcely  decent.  But  he  informed  ns  that 
he  had  recently  become  a  convert  to  party  goveriiiuert.  He  has  em- 
braced our  doctrine,  but  shows  his  love  for  it,  not  by  joining,  liut  I)y 
atteni2)ting  to  burn   our  church.     lUit,  he  says,  "  JaI   us   work  it  out 


'i 


i| 


II 


;o2 


GENERAL   REPLY. 


^;>  1  k 


!Si 


h|> 


i\  ' 


;i 


pi 


quietly."  Wliut  would  lie  Iiuvc  said  if  sniui-  of  tlic  l)(»}'s  at  collcj^o  had 
pcizod  iipou  llic  '*  c'onimons,"  and  insisted  u|)ou  ealin;;  all  the  puddin^j;, 
and  liaving  all  tlie  fj;i-avy;  and  \vlien  llie  rest  elainied  llii-ir  ri;^dits,  liad 
■whispered  ihrouf^li  llu;  key  hole,  "Don't  make  a  noise;  ue  aiiree  with 
you  in  sentiment,  hut  Ave  ar'c  'workinj:;  it  out  (piii'tly.'"  The  learned 
{rentlenian  favored  us  wilh  oiu;  pieee  ol'  iidormation  which  he  said  had 
been  kept  till  that  moment  a  pi'ol'onml  seeret.  He  was  sent  here  to 
oppose  me;  hut  was  he  looppose  me  whether  1  was  ri^ht  or  wrong?  If 
Fo.  he  will  pardon  me  for  saying  that  no  enlightened  constitneney  would 
give  sueli  instructions,  and  no  honorable  man  wouhl  accept  a  seat  upon 
such  terms. 

I  believe  I  have  now  answered,  playfully  whore  I  might,  gravely 
where  there  was  a  necessity  for  it,  every  argument  of  the  nine  gentle- 
men who  have  si)oken  in  favor  of  the  government.  The  speeches  of  the 
(wo  crown  ofliecrs  must  yet  be  dealt  with;  and  if,  in  noticing  the  bear- 
ing and  sentiments  of  the  learned  Solicitor  General,  I  assume  a  sterner 
tone,  this  connnittee,  who  have  both  seen  and  heard  him,  will  understand 
the  reason.  Sir,  during  one  of  the  worst  of  the  Irish  administrations, 
Castlereagh,  wdio  was  secretary,  and  was  afraid  of  losing  a  measure, 
said  to  his  supporters,  "  Let  us  go  down  to  the  House  and  bully  them." 
The  anecdote  is  related  by  Sir  Jonah  Harrington  ;  if  it  has  not  been 
recently  read  at  the  castle  here,  no  member  of  this  committee  can  doubt 
that  it  has  left  a  strong  impression  on  the  mind  of  the  Solicitor  (leneral, 
and  that  a  kindred  spirit  has  prompted  the  coarse  outbreaks  and  breaches 
of  decorum  in  which  he  has  indulged.  Sir,  I  have  been  eight  years  ia 
the  Assembly ;  dur'  .  r,  all  that  time  I  was  never  called  to  order,  and 
never  gave  ollence  to  the  humblest  mend)er  of  this  House  without  an 
explanation  being  given  :  making  amends  if  I  had  misunderstood  him, 
or  acted  from  hasty  impulse.  The  learned  Solicitor  General  has  thought 
proper  to  pni'sue  a  ditlei-ent  course.  On  a  former  day,  coupling  a  state- 
ment made  here  with  a  notice  of  my  speech,  which  I  had  not  seen,  he 
declared  he  would  join  issue  with  me,  and  pronounce  the  statement  a 
falsehood.  I  rose  to  explain.  The  Solicitor  General,  in  breach  of  the 
courteous  usage  of  this  House,  called  to  order,  and  when  I  sat  down,  ex- 
claimed, "  He  would  meet  me  there  or  elsewhere."  For  the  moment 
this  unmanly  threat  disturbed  my  self-possession,  and  I  retorted  in  the 
same  style.  To  prevent  mistakes  I  re<luced  the  remarks  complained  of 
to  writing,  and  as  there  was  no  falseho.id,  and  yet  nothing  reflecting  ou 
the  Solicitor  General,  I  had  a  right  to  expect  that  he  would  have  acted 
as  any  other  member  would  have  done  mider  similar  circumstances. 
But,  sir,  the   discovery  of  (ruth  was  not   (he  object ;  (he   intrigues,  the 


iSl 


GKNERAL    RKPLY. 


)03 


prosoiiplioiis,  llic  Att<>i-ii(<y  Gciicrnrs  j^ruvo  dccliunatioii  having  failed, 
llic  Solicitor  (iciuTal  hoped,  liy  hrutallly  and  insult  to  force  a  pcrsuMal 
quarrid,  involving  very  little  risk,  that  lie  might  got  vid  of  an  opponent 
upon  whom  all  his  paltry  arts  liad  heen  exhausted  in  vain.  His  language 
to  my  honorahle  and  learned  fi'iend,iMr.  Uniacke,  was  eipially  coarse,  lie 
accused  that  gentleman  of  "  gross  treachery  and  deceit."  Mr.  Chairman, 
I  sat  in  the  House  with  the  learned  Solicitor  General  from  IH'M)  to  I.SIO. 
During  all  that  time  1  was  in  o[)position  to  the  government  ol'  which  ho 
was  a  mendier.  Debates  ran  high,  hut  why  did  he  never  attempt  to 
take  such  liberties  with  me?  IJoeausc  he  was  not  (|uitc  sure  that  ho 
could  do  so  with  impunity.  Why  does  he  do  it  now  ?  Strangers  may  not 
know  ;  but  the  House,  this  eonununity,  know  right  well  ;  and  no  man 
belter  than  that  learned  gentleman  himself.  Yes,  sir,  he  knew  that  lie 
might  indulge  his  coarse  swagger  with  very  little  lia/ard  ;  he  knew  that 
lliough  I  might  not  refuse  to  meet  him  "elsewhere,"  he  would  be  as 
safe  as  if  in  his  bed  ;  that  though  1  might  not  fear  to  present  my  bosom 
to  his  weapon,  I  should  fear  to  shed  his  blood,  llut,  sir,  let  him  not 
suppose  that  he,  or  any  other  man,  can  sustain  himself  in  this  House,  or 
in  this  country  by  such  conduct.  Public  men  arc  to  be  judged  by  their 
acts  and  by  their  arginncnts ;  and  despite;  his  bullying,  whenever  it  suits 
me  I  will  drag  the  Solicitor  General  before  this  House,  and  hold  him 
up  to  th(;  scorn  and  contemi)t  of  the  people  of  Xova  S  -olia. 

IjOok  at  the  position  in  which  he  stands  now,  and  contra,  t  it  with  that 
which  he  occupied  last  .lanuary.  ]>y  a  little  firmness,  integrity,  and  dis- 
cretion, he  might  have  saved  Jjord  Falkland's  honor,  and  preserved  his 
power  and  influence  in  this  House,  and  in  the  country.  He  might,  be- 
fore feelings  were  inflamed,  and  parties  forced  into  conflict,  have  earned 
the  respect  and  confidence  of  all.  How  stands  it  with  Lord  Falkland 
now?  Powerless  for  good  or  evil.  How  stands  it  with  the  gentleman 
himself?  After  fifteen  months  of  intrigue,  disclosures,  and  contemptible 
expedients,  he  finishes  by  bringing  the  Governor  and  the  government 
into  this  newspaper  war,  and  furnishes  no  better  defence  than  a  few  rude 
and  intemperate  expressions.  Put  verily  he  has  had  his  rewanh  An 
old  and  faithful  servant  has  been  dismissed  from  the  preventive  service; 
Mr.  Dodd's  brother  rejoices  in  his  place;  another  relative  is  judge  of 
probate  in  Richmond ;  ho  himself  is  Solicitor  General ;  and  the  only 
liberal  appointed  to  any  thing  in  Halifax,  hap])ens  to  be  brother  to  a, 
gentleman  at  Sydney,  without  whose  infiuence  the  learned  Solicitor 
General's  seal  would  not  be  very  secure.  Put,  sir,  though  he  has  taken 
good  care  of  himself  and  his  friends,  his  statesmanship  would  do  no 
credit  to  a  tyro  in  politics,     lie  has  led  the  Governor  on  iiom  blunder 


I  M 


I- A    ! 


I '  I: 


■I 


''. 

It 

) 

»  ' 

1 

1 

504 


GENERAL  REPLY. 


ml 


•Ml' 


-iii 


to  blunder,  (ill  liis  rcpiilatiou  lias  been  tarni.sliocl,  and  liis  j^ovcniincnthas 
sunk  into  coiilL'iupt.  I  liavc  but  one  partinj^  obsorvalioii  to  make  to  the 
Solifhoi"  (Juiicral.  He  said  the  other  day  *•  that  he  had  not  served  an 
apprentieeshii)  to  deeeption."  If  he  meant  that  taunt  lor  me,  I  will  tell 
him  that  1  .-erved  an  apprenticcshii)  to  a  much  more  reputable  calling. 
AVhere  he;  completed  his  education  1  neither  know  nor  care;  but  I  ani 
surrounded  by  the  friends  of  my  youth ;  by  those  who,  in  mature  years, 
have  been  by  my  side  in  the  trying  scenes  of  life.  I  enjoy  their  con- 
fidence and  esteem.  I  have  grasped  at  no  friend's  oflice,  I  stand  in  no 
friend's  shoes. 

The  last  on  my  list  is  the  honorable  and  learned  Attorney  General; 
and  really,  if  it  were  not  that  1  might  appear  wanting  in  courtesy,  as  the 
evening  is  far  advancetl,  and  the  conmiiltee  sullieiently  weary,  I  would 
not  tax  gentlemen's  patience  with  a  single  connnent  on  a  speech,  remark- 
able only  A)r  clearing  the  benches,  and  setting  the  supporters  of  govern- 
ment asleep.  ^Making  allowance  lor  tliose  little  ebullitions  of  temper,  the 
peculiar  inlirmity  of  the  karned  leader's  mint',  the  general  tone  was 
moderate  enough;  but,  during  the  delivery,  I  could  not  but  contrast  the 
vain  glorious  boastings  of  the  Attorney  General,  in  the  barn  at  Bridge- 
town, where  his  political  opponents  were  not,  with  the  sorry  figure  he  cuts 
where  they  are.  On  that  occasion,  because  I  had  gone  to  Cumberland 
to  meet  a  better  s[)eaker,  he  crowed  lustily  over  my  absence.  This  debate, 
so  far  as  I  am  concerned,  has,  J  think,  taught  him  u  little  modesty  and 
discretion.  Then  my  leai'iied  friend  from  Pictou  Avas  sneered  at  —  he 
spoke  such  broad  Scolch,  and  so  unintelligibly,  that  nobody  could  un- 
derstand him.  ]>ut,  sir,  he  has  spoken  plain  English  here,  and  his 
manly,  argumentative,  and  excellent  speech,  is  still  unanswered  1  y  the 
Attorney  General.  Contrast  the  speeches  Lord  Falkland's  leader  has 
delivered  here  with  those  of  the  learned  Speaker.  The  former  remind 
me  of  those  sinuous  and  melancholy  streams  which  issue  from  some  of 
our  bogs,  shallow  but  dark,  with  poisonous  plants  upon  the  margin,  and 
inud  and  dead  roots  below.  The  Speaker's  elo(pienee  is  like  a  crystal 
rill,  whose  waters  sparkle  as  they  How,  while  the  [)ebl/ies  of  truth  arc 
seen  di.-tinclly  at  the  bottom.  15'ut  perhaps  the  learned  crown  oHicer's 
want  of  argument,  and  power  to  eonnnand  a  popular  assembly,  were 
never  so  finely  illustrated  as  by  my  honorable  friend  from  Yarmouth, 
who,  in  twenty  minutes,  the  other  evening,  tore  to  pieces  the  sophistries 
which  that  gentleman  had  woven  in  a  speech  of  four  hours.  My  hon- 
orable friend  reminded  me  of  a  stately  moose,  who,  in  his  morning  walk, 
dashes  down  the  flimsy  web  which  a  spider  has  been  all  night  weaving.  In 
one  qualification  the  learned  leader  beats  us  all  hollow, — in  the  soporific 


GKNiniAL    IJKI'LY. 


;o5 


I  'i 


eminent  liaa 
ni:il;o  to  the 
)t  served  iiu 
,6, 1  will  tell 
lable  calling, 
c ;  but  I  urn 
luitun-  years, 
,y  their  eon- 
stand  in  no 

icy  General; 
urte?y,  as  the 
•ary,  I  would 
eeeh,  reinark- 
rs  of  govern- 
or temper,  the 
jral  tone  was 
t  contrast  the 
irn  at  Bridgc- 
llgure  he  cuts 
)  Cumberland 
This  debate, 
modesty  and 
ered  at  —  he 
ly  could  un- 
lere,  and  his 
wercd  by  the 
's  leader  has 
)rmer  remind 
rom  some  of 
margin,  and 
ike  a  crystal 
s  of  truth  arc 
rown  oihcer's 
sembly,  were 
ni  Yarmouth, 
10  soiihistries 
rs.     INIy  hon- 
niorniiig  walk, 
t  weaving.    In 
n  the  soporitic 


power  of  his  oratory,  T  eoiiiiteil  >i\  ])ersoiis  in  the  Tloii-r,  the  other 
(lay,  hilled  into  forgctfiihiess  l)y  lii-'  drowsy  periods  ;  one  more,  and  he 
would  have  been  siirnniiided  by  tlie  seven  .-lei'pers  ;  and  olil  till  it  not 
in  (iath,  his  ardent  admirer,  the  learn'-d  member  (or  Lunenburg,  among 
tliem. 

Sir,  the  Attorney  Cieneral  labored  for  an  hour  to  show  llrit,  pn'vious 
to  Lord  Sydenham's  vi-it  to  Nova  Scotia,  I  bad  published  some  tiieory 
of  'Government  widelv  diil'erenf  i'rom  that  '.vliicb  was  introduced  under 
his  aiis|)ices ;  that  the  system,  as  contemi)Ialed  by  Lord  Sydenham,  and 
avowtMJ  by  LfU'cl  I''aiklan(i,  was  not  tlie  >an!<'  wliich  now  obtains  Iiere  and 
in  Canada,  lie  made  the  same  statement  at  IJridgetown.  Ibit  what 
lias  he  |)roved,  (here  or  here  ?  Nothing,  absolutely  iKjtliing.  I  need  not 
dwell  on  this  topic,  as  it  was  (iilly  discusssed  in  the  letters  to  IMajor 
Ciiipman,  wliich  1  hold  in  my  hand,  and  (o  which  any  geiiileman  may 
refer  who  take-!  an  interest  in  the  (piestioii.  Ily  a  ciiain  of  evidence, 
which  the  Attorney  General  has  not  answen'il  and  cannot  answer,  (he 
(allacy  of  his  reasoning  is  shown,  and  the  constitutionality  and  consis- 
tency of  my  principles,  from  18.'57  (o  ISb"*,  vindicated  and  maintained. 
Sir,  I  do  not  deny  that  the  doctrines  advocated  in  the  pamphlet  addre.-sed 
to  Lord  .Tohn  liiissell  in  l.S.'i',),  were  neither  clearly  api)reliend(.d,  nor 
much  in  favor  at  the  Colonial  oiliee,  at  that  jieriod.  I  do  not  deny  that 
the  enemies  of  responsible  government  here  hoped  to  liiid  Lord  Syden- 
ham as  timid  or  as  credulous,  but  when  we  came  to  read  the  paniiiblet 
together,  and  discuss  the  principle-,  there  was  scarcely  any  diU'erencc 
of  opinion  between  us.  I  gave  n[)  one  [loint  of  detail,  which  has  fre- 
quently been  explained;  he  yielded  more  than  the  liberals  had  ever  de- 
manded. Jiut,  sir,  how  stands  the  case  with  the  honorable  Attorney 
General?  lie  taunted  us  the  other  day  with  '-bending  to  tin,' blast." 
liut  who  bent,  who  bowed,  who  [irostraled  himself  in  IS  Id,  and  allowed 
the  new  [irinciples,  which  he  dare  no  longer  resist,  to  pass  over  him 
in(o  (he  governmeii(,  and  (o  form  the  rule  of  administration?  The 
friends  he  had  acted  with  were  dismissed  from  Council;  the  old  system 
he  had  defended,  was  annihilated;  the  o[)po-ition  was  triumpliant,  ye't  he 
clung  (o  olFice,  and  feigned  (o  adopt  what  he  has  ever  since  doin;  his  best 
to  destroy. 

Suppose  (hat  I  had  advocated  (he  abolition  of  the  slave  trade,  or  the  pas- 
sage of  the  Keforni  IJill,  and  the  Attorney  General  had  resisted  it.  Sup- 
pose that  my  principles  were  sanctioned  liy  llui  sovereign,  and  a  ministry 
ibrined  to  carry  them  out.  Surely,  if  he  "  bent  (o  the  l.ila.-t,"  and  took 
oHiee  in  that  ministry,  he  ought  to  be  the  last  to  reproach  me  with  incou- 
43 


V     i 


^V 


I  •!=) 


\   'I 


m 


I  inii-'  ■ . 


50G 


ORNKRAI.    1!I:PLY. 


•J: 


:i^  ■nm 


si.^tc'iif'y,  wlicii  Ik>  ,iL;avc  ii|)  <'vi'IT  tiling';  f\rii  ilioii!:!)  1  in()ililic(l  or  ;il):in- 
(loiicd  >()uw  lew  ])()iiits  of  dciiiil.  Uut,  ~\i;  I  liuvc  n  jjfriivcr  clinriic  to 
make  iitraiiist  the  IrMrncd  Altoriicy  (irncrnl.  I  cliar,!;!'  Iiini  with  vio- 
latiii,;;  Iiis  tluty  lo  llic  (Icail;  with  allriiiiiliiiLT  to  /-onl  Syilriihnni  ;i  ]iiiliti- 
cal  system,  Aviiich  uoiilil  \no\c  liim  u  ti'i<'k>t('r  and  not  a  statr-maii ; 
Avitli  not  coniiirclicniliiijs  or  not  inlcndini,'  to  give  to  tlifso  Colonics,  re- 
spon.-ililo  jfovci'iimcnt,  in  llic  rational  st'iisc  of  llic  ]ilii'as(',  as  now  iindcr- 
Ptood  on  l)olii  sides  of  the  Athnitic.  I  charge  liini  with  Iiavin;j-,  to  savi; 
his  position,  saiictioneil  tlic  ^\•o^kinu'  of  that  sy.-lcni  Iiy  liends  of  depart- 
ments. Tn  the  exposition  of  the  (Io\ ernor  (jlenerars  ])oiicy,  to  which 
tlie  Attorney  General  and  the  learned  nKinher  from  (Jneen'sliave  s(j  fre- 
quently refei-red,  it  was  broadly  stated  that  Lord  Sydcidiam  conteni- 
plaled  "an  Kxcciitive  Coiineil,  composed  of  heads  ol'  di'pai'tnients,  and 
leadinir  nieniliers  of  both  liranches  of  the  Legi>Ialure,  pos-es.-cd  of  polit- 
ical inlhiencc.  and  of  nobody  else,  except  in  (>xtreme  ca^es."  'J'lie  Attor- 
ney (General  thought  this  all  riii;ht  when  Lord  Sydenham  was  here  ;  it  is 
all  wrong  now  that  he  is  in  his  gi'ave.  Heads  of  departments  wore  indis- 
pensable to  responsible  government  in  IS  10;  in  LS|,"i  they  are  pregnant 
with  evil,  and  dangerous  lo  the  lilx'rtics  of  (he  coMUlry. 

The  Attorney  (Jeiieral  complains  that  ])arfy  government  was  not  f=o 
fully  developed  last  year  as  it  has  jx'cn  in  the.-e  debates.  l)ut  who  is 
to  blame  for  that  ?  The  people  of  Nova  Scolia  knew  little  and  cared 
less  about  party  govei'nment  till  Lonl  Falkland  put  a  tlemmciation  of  it 
into  his  speech,  to  bolster  up  an  absurd  ap])ointment.  A  'J'ory  party 
government  wa>  at  once  established  ;  now  all  that  W(;  intend,  when  we 
change  the  majority,  is  to  f(dlow  the  exami)le  set  by  the  other  side.  The 
learned  leader  complains  that  we  do  not  develop  all  our  \iews  at  once  ? 
]>ut  why  should  we  ^  Why  retard  i)ubiic  busim.'ss  with  theoretical  dis- 
cussions? "  Suilieient  for  the  day  is  the  evil  thev(Mif."  l>ul  while  he 
complains  that  we  do  not  go  fa-t  enough,  the  honorable  member  tor 
King's  thinks  we  are  ''loo  ])recipitate."  l>ul,  sir,  let  me  :-trip  these  gen- 
tlemen's argument,  drawn  from  tlu;  expense  of  he.ads  of  depart- 
ments, of  all  its  terrors.  Let  me  show  to  the  country  that  not  only 
■would  there  be  no  additional  cost,  but,  that  if  heads  of  departments  held 
seats  in  the  Legislature,  greater  eflieieney,  and  a  considerable  saving 
■would  be  the  results.  We  desire  to  see  an  Executive  Council  of  nine, 
comi)osed  of  the  Provincial  Secretary,  the  Attorney  General,  the 
Solicitor  General,  the  Treasurer,  the  collector  of  Colonial  duties,  the 
Surveyor  General,  and  three  gentlemen  of  influence,  eligible  for  those 
offices  as  they  become  vacant.    Now,  w  hat  would  these  cost  ?     Five 


Mm 


GENERAL    IJEI'LY. 


507 


monili(.'is  aro  .-ooii  disiio-icd  of —  llic  Altonicy  iiiul  Solicilor  Clciicnil  an* 
licre  aln.-aily  ;  lli<'  tluTc  ijn'iilli'iiuii  without  olluii's  would  oi.-,  notliiug. 
Lut  us  r^ou  wlial  lilt;  otlicr  I'oiu"  rust  now;  — 

Till'  ScciTtiirv's  dllii'c,  iiiilinliiiL;  tin"  rrui-tv:ilioii,  costs  yt'iirly  iilioiit  X'l.CM)  0 

TIk'  'I'l'i'ii-ury,  iiiclinliM'^'  tlic  Sjviiii:-'  I'.aiik,  I'lnvinciiil  iKiti'S,  i!ic..  l.iniii  0 

'I'lic  ( 'a]i('  I>i-i'toii  I.ainl  Dciiailiiifiit T.'ii)  0 

'I'lif  N'ova  Scdtia  Lainl  l)f|iMitiM''iir, 'J.'!7  10 

'I'lic  Kxcisc,  iiH'Imliii;^-  ^uai^crauil  |n.'riii:iuciit  waiters,  ahoiU l.'JdO  0 

X(i,4S7   10 

So  tliat  llu;  good  pfople  of  Nova  Scolia,  who  were  frightened  all  last 
summer  with  this  bughear  of  heads  of  di^partments,  pay  now  this  large 
sum  of  money,  to  maintain  th(.'  only  four  ol'  tliose  that  the  liberals  seek 
to  inlroduec  into  the  Legislature.  So  far  from  any  expense  being 
rcquind,  if  one  of  the  surveyors  wen;  pensioned,  and  the  whole  service 
combineil  under  one  ellieient  head,  we  shoidd  reduec!  our  expenditure, 
and  ullimat(dy  save  tlfiO  in  that  serviee  alone.  The  sccretar^^  would 
not  sit  in  this  House  a  single  year  before  a  saving  would  be  forced  in 
that  department.  Think  yon  if  tliat  ofTieer  had  been  here  last  winter 
the  registrar's  bill  would  have  been  destroyed? 

Tint  the  Attorney  General  fears  that  the  olliecrs  would  not  be  so  com- 
petent. "Where  is  the  proof  of  that?  Is  he  less  eomi)etent  because  he 
is  here  ?  N(»,  sir.  Is  he  belter  paid?  His  salary  has  been  reduced 
one-third  since  he  took  his  seat  on  these  benches.  How  has  the  system 
operated  on  the  excise  ollioe  ?  For  forty  years  an  old  gentleman  con- 
ducted it,  and  when  he  died  all  iIk'  Tories  in  town  declared  the  system 
l)erfecl,  and  wi.-hed  (he  oflicc  given  to  his  son.  It  was  given  to  me. 
Froni  that  nomeut  we  heard  of  nothing  but  defects  in  the  system,  ex- 
travagant renuuieration,  and  a  necessity  i'or  increased  responsibility.  I 
retired.  Two  sets  of  connnissioners  and  the  honorable  gentleman  from 
King's  follow  ;  and  now  we  are  told  that  there  have  been  gi'cat  improve- 
ments. If  so.  to  what  are  Ave  indebted  for  the  change  ?  To  responsi- 
ble goverinnent  ;  to  liaving  the  ollieers  here.  Tlie  Tories  watched  me 
•well.  The  llljerals,  depend  on  it,  will  look  ])retty  shar[)ly  after  my 
successor,  and  thus  the  public  are  better  served.  Apply  the  same 
practice  to  other  departmeius  and  the  result  will  be  the  same.  We  are 
told  of  the  hardships  ;  Ijiil  why  shoukl  an  individual  or  two  .-land  in  the 
■way?  In  Canada,  INFr.  Daly,  the  Provincial  ^ecretary,  ha-  had  to 
mount  the  hustings,  and  why  not  ?  The  Attorney  General  ii/ars  that 
collectors  would  do   injustice   to  political  ojjponents.     I  do  not  think  so- 


r     1,1 


* 


U 


■i-\      II 


508 


{;i:ni:iial  ijkply. 


mm  '^' 


I  iifvor  kiu'w  friond  or  foe  !ii  my  (illlcc,  ;iiiil  if  lln-n'  w;v  nny  (lifTcronci^ 
iiiailc,  till'  <)i)[i<i>i(e  piirly  crriiiiiily  Iiiid  tlic  !i(l\;iiitii,i;i'. 

The  Altoi'iicy  (ii'iicriil  tries  (o  rriirlilin  (lie  ('(iiiulry  with  IIh'  iipiirc- 
hcnsidii  lliiit  we  ;ii'('  S()iii;;  l(»  cithIi'  m  ])<'ii>i()ii  li~(  !  'W'liy,  >i\\  (InTc  urn 
only  iuiii"  or  livt'  |)i'ii~iniicrs  in  Novii  Scolin,  —  three  retired  jnd'^e-.  niid 
two  miiiiieipMl  ollicers,  —  iiiid  all  l»el(tii,u:iii,L'  tn  tlie  opposite  party,  wlio  re- 
ceived their  pensions  Avith  his  consent.  'I'lie  Tories,  so  i'ar,  have  L'ot  all 
the  pensions,  a~  \vell  a<  all  the  ollico  in  Xo\a  Scotia.  It',  to  niak(^  the 
system  complete  it  is  necessary  to  p<'n.-ion  aiiyliody  now  in  ollicc, 
enough  can  he  saved  IVom  the  ainoinits  at  j)i'e,-eni  paid  ;  those  who  lake 
and  retire  IVom  ollicc;  hercal'ter  will  he  entitled  to  no  pensions.  Another 
bnghear  is  the  initiation  of  money  votes,  which  means  nothing  more 
than  making  the  Kxecntivi^  Conncil  examine  all  claims  npon  the  treasury, 
and  tak(.'  the  responsii)ility  of  I'econimending  or  rejecting  them.  It  gives 
them  soin(!  troidile  hnl  no  more  [lower.  A  govermnent  which  has  a  Par- 
liamentary majority  may  pass  or  resist  any  money  vole  now  ;  what  more 
conld  they  do  if  the  mode  was  changed?  Siippo..  they  decdined  to 
reconnnend  a  grant  for  a  necessary  service,  any  member  could  move  and 
carry  it  as  he  does  now,  and  as  Mr.  Merrilt  moved  and  carried  a  grant 
for  the  St.  Lawrence  canal  against  the  welshes  of  Lord  Sydenham'ri  gov- 
ernmenl. 

JJut,  says  the  Attorney  General,  it  is  folly  to  imitate  the  mother 
country  because  she  is  so  large  and  Xova  vScotia  is  so  small.  If  this  is 
an  argument  at  all  it  might  be  urged  against  the  introduclion  of  the  sci- 
ences, or  of  the  common  law,  as  well  as  against  the  introduction  of  Ijritisli 
modes  of  governm(;nt.  There  may  Ije  more  weavers  in  CJlasgow  than 
there  are  people  in  Halifax,  but  is  that  any  rea-on  why  v.e  should  not 
liave  a  loom?  Judge  Stewart's  remark  would  be  worth  som(.'thing  if  we 
had  ever  sought  to  jjuI  the  giant's  armor  on  a  child;  to  crush  Nova 
Scotia  beneath  the  cund)rous  weight  of  Kurt)pean  e<tabr!shments.  This 
Pi'oviiicc  has  parsed  from  the  infant  state;  we  seek  to  clothe  her  in  a 
dress  suited  to  her  age;  the  Attorney  (leneral  to  retain  the  I)ib  and 
tucker  she  has  outgrown.  I  must  confess  (hat  I  was  anuised  with  the 
learned  leader's  apj)rehen>ions  that  responsible  government  would  create 
an  oligarchy.  An  oligarchy  !  Why,  we  had  one  of  tin;  most  odious 
kind  under  the  old  system.  Who  <lefended  and  njdield  it  from  18.'5G  to 
1810?  The  Attorney  (ieneral  and  his  friends.  AVho  destroyi'(l  it? 
The  liberals,  lie  is  the  last  person  that  should  bring  such  a  charge 
against  u.-.  Urider  responsible  govermnent  no  oligai'chy  can  grow  uj), 
because  the  people's  representatives  will  have  the  power  to  l)reak  down 
any  combination  hostile  to  their  interests. 


':lftll 


OEN'F.RAL    HFTLY, 


^  (lifToronco 

the   iipliro 
ir.  ilicn^  arc 

)ll(^il^•<,  iiiul 
Illy.  wIm)  Vi'- 
Iiavc  p)!  all 
to  maUc  the 
)\v  in  oll'u't', 
)Mi  who  taUo 
IS.  Aiiotlu'i- 
othiiig  muio 

thf  treasury, 
•m.  It  ^nvcs 
•h  has  a  Par- 

;  Avhat  more 
:  (h-'cliiu'd  to 
iiM  move  ami 
irrifd  a  grant 
ienhani'ri  gov- 

tho  mother 
.     It"  this  is 
ion  of  the  sci- 
ion  of  lirilish 
hisgow  than 
e  shouhl  not 
iK.'lhing  if  we 
ernsh  Nova 
inents.     This 
,ihe  her  in  a 
llic  bib  and 
is('(l  with  the 
would  create 
most  odious 
from  18;5G  to 
d(■^troyed  it? 
sueli  a  charge 
(■;iii  grow  up, 
(I  break  down 


509 


The  Attorney  (ienrral  ridlcnlid  tli"  inca-ures  jUMpo-cd  by  Lord 
Falkland's  governnieiit  iVdiii  iNpi  Im  is  i;;.  and  -aid  ibai  tin-  li-cal  iin- 
proveinenl«  of  tlie  iircscnl  ndiuini-lraliidi  \\rvi<  \\n\\\[  ilum  ail.  This 
may  liave  been  in  good  ta-le  ;  it  may  ha\<'  been  jii-t  to  lli~  l,(ir(l-iii|) 
and  to  the  learned  gentleman's  cDllcagiies.  llewa-a  parly  to  all  the 
foolery  he  described  ;  to  all  the  measiu'es  condemned.  Ibit,  >ir.  I  join 
issui!  with  him  here,  mid  tell  him  lliat  the  ael  loi-  incoi'poi-ating  Halifax 
alone,  swcj)t  away  more  corruption,   and   did   more 


>l  ll 


lan   at 


HA 


measures,  |»asl,  present,  and  to  come.  I  lell  Mm  llial  ilie  policy  A\ith 
respect  to  the  coal  mine-,  upon  which  he  pluuns  him-elf,  was  recom- 
meniled,  adopted,  and  carried  out  by  the  former  administration  ;  and 
that  a  greater  saving  would  have  been  ellected  by  the  regi-trar's  bill, 
which  tlie  jire-eni  government  lia\e  >■  bui'ked,"  than  by  all  their  <lepart- 
mental  improvements  pm  together.  l!ut  we  are  toM  that  we  <eek  to 
concentrate  })ower  in  Halifax.  This  from  the  learned  leadi/r  who  upheld 
a  system  by  which  every  member  of  both  Councils,  but  one,  I'esided  in 
the  capital,  and  not   one  repre-<'nted  a  constituency    in    the    country. 


, luier  (jur  systeii 


I  half  the    I 


(".;i-ialiv( 


( 


'ouneilloi's  will  lie  drawn  I'r 


oni 


the  interior,  and  moi-i-  than  one  iialf  the  Mxeentive  Coimcll  nui-t  return 
every  four  years  to  le^I  the  conlideiice  of  the  jjcople. 


But  the  Attornev    (leneral   sees  danirer  alieail.     Sir,  he   is   ah 


ay.- 


seeing  dange..-;  always  playing  the  alarmist,  lie  s;  w  danger  ahead 
when  the  old  system  was  overturned  ;  when  he  made  his  -peeeh  at  ^lason 
Hall,  to  j)revent  the  inti'oduclion  of  (he  new.     Ket'eri'ing  to  tlie  Toronto 


turner,  ne 


tell 


s  us  that  thi're    i- 


trutl 


I   m  wme 


I  wi>Ii  from  m^ 


heart  that  the  vVtIorney  (leneral  would  drink  a  little  Juon;  of  it.  He 
says  that  the  acceptance  of  tla;  com|)liment  was  an  outrage  upon  Nova 
Scotia.  I  tell  him  that  the;  lender  of  it,  by  any  body  of  our  fellow 
col 

Nova  Scotian  .-hall  shrink  from  mingling  in  festive  scenes  with  his  fel- 
low subjects,  and  ))roclaiming  t(j  all  the  world  the  [irinciples  hu  professe.^. 
The  Speaker  threw  his  weight  into  neither  scale,  he  but  defined  the  just 
boundaries  of  oin*  Colonial  Constitution.     Dut  suppose  he  had  done  more; 


oni^ts,  was  an  honor  to    the  country.     Far  distant  be  the  day  when  a 


suppos 


c  he  had  played  the   i)art  of  a  "liot 


play 


partisan. 


who  wouM  have 


been  to  blame  ?  Those  who  counselled  and  encouraged  the  treatment 
he  had  received,  and  which  was  at  once  an  insult  to  this  House  and  to 
the  Province  at  hirge. 

The  Attorney  General  tells  us  that  all  the  members  of  Council  were 
willing  to  retire  in  duly.  Why  wa.s  the  fact  not  comnuinicated?  Why 
did  no  one  retire  in  January,  when  Mr.  IMcNid)  oU'ered  to  waive  hi.s 
claims  for  the  .sake  of  peace?     Why  not  in  February,  when  one  retire- 

43* 


1.^ ' ; 


tV 


'in-M'-' 


r>]o 


0 i:\KI! AT,    I!KPI-Y. 


'    r 


I  i 


i'i 


M! 


a 


iiiciil  AVi'iiM  li;i\i'  -iill-li<il  lli>' (i|i|i(i-ili()ii  ?  ^\'ll_v  iml  .'it  ill'' 'ln-c  of  llio 
8('v-i(ltl.  Iirl'dic  a  -IimI'i  UJI-i  aillliil  Ml  I^oid  I'';illJ;ili(|  i'  llr  -;iv^  lllSlt  IIU! 
llOlc  M  III    la    l,iil<l    I'alklaml   W,l-    nut   (i|ir||C(l,  ;i||il  <il|;;lil    ||ii|   |(i  li;i\r  liri'li 

broiiirlil  IiiTc;  lull.  ~ir.  III-  L(inl'lii|)  \v;h  luj.l  ilmi  ii  nniiaiiird  ••  ill'.; 
clclUt'iil.--  dl'  |i(;ii('."  .'iinl  til"'  t'(Mir«i'  |)lli-siici|  tdUiinl-  liiv-ril'  I'riiilci'cd  it 
iliili-|ii  ii-alil<'  li>  iii\'  lull  aii'l  n>iii|)l('|c  jii-tilicalinii.  Tin'  Atlid'nry  ( Icii- 
cial  iiii-iiinli  i-|(hmI  till'  Sitmlici'  wln'n  |hi  sii|i|Hi-i'ii  ihat  lir  ni'  any  iiu'in- 
licr  (if  ill"  ')|i[iM-iiiiin  IsiU'W  lA'  il>  cniilrnl-;.  lie  say-  that  llic  (invrnioi' 
lia-  iiitl  ili-ccnili'il  into  llir  aiTiia,  lliat  I  am  llir  ML'-^rcs-or,  ami  ilic  cause 
of  all  till'  lillliciiliy.  Iiiil,  >ip,  I  canii'  Ihtc  ami  ludk  my  scat  a-  an  indc- 
pciidcnt  nil  iiilicf  III' iliis  As-cmldy.  Tlic  (lovcrnor  look  niicon-liliitioiial 
lilici'lics  wiih  my  name  in  liis  notes  and  di<|i!itclics,  and  sent  liis  ei'owii 
oHiccr-  lei'c  In  jii-tijy  ilial  lolly  liy  a  .-(ilcMm  iiiipcacliiiicnt.  'i'lic  learned 
leader  iliiiik-  llie  (invenior  (iiiL'lit  nut  tu  liave  licen  assailed.  Jladliis 
advisers  aeinl  ujiun  (nii-  j)i'inci|i!es,  aii<l  placed  liim  in  a  pu-Ition  ol'dij,'- 
iiified  elevatiuii,  lie  never  uoiild  lia\e  heeti.  Caiiimnic:^  mi;4lit  liuvc 
lieeii  sliowereil  upon  the  oppo-ilioii  iVoni  an  iiidependeiil  party  press,  hut 
liad  not  .-landers  heeii  eoiucyed  ill  speeches  from  the  ihruiie,  in  dis- 
patches III  the  Secrelaiy  oi' Stale,  and  liy  Lord  l''alklaiid"s  phy-ician  and 
oil'icial  ]iriiiler,  he  would  ha\('  heeii  imloiiehed  hy  a  single  |Ki-(piinade. 
"Wv  are  told  that  Pitt  and  Halifax  and  Temple  never  wrote  aL,'ain-t  the 
sovereign  ;  who  knows  what  they  wrote?  l»iit  wen",  they  ever  piihliidy 
donuinieed  and  slaiidereil  hy  the  sovereiirn  ?  Let  Lord  Falkland  and 
his  ad\i-ers  hei- 'afler  pur-iie  a  wiser  coiii'se,  and  while  we  attack  their 
inea-iire-,  nut  a  line  or  an  ox|)rossion  will  rcllcct  on  the  heail  of  the 
government.  ( )ne  word  as  to  thc3  charge  that,  in  explaining  the  origin  of 
the  •'  C'on.-litiitionalist's  Lc'tters,"  I  have  made  "  unauthorized  disclosures," 
I  deny  ihe  fact,  and  elaini  (o  havi^  had  full  |termi--ion  to  state  any  thing 
nccossaiy  to  the  defence  of  my  juihlie  conduct,  while  a  memher  of  llic 
g()\('i'iimciit.  AVhen  T  retired  I  demanded,  and  ohlained  in  writing,  the 
usual  permi--ion  to  defend  myself.  This  I  supposed  woiihl  he  suiruiient, 
but,  in  couse([iieiice  of  the  revelations  made  hy  memliers  of  (iovernineiit, 
I  roquesteil  and  olitained  a  verbal  permission,  tht;  only  limit  to  which  was 
my  own  discretion,  AVlieii  iheretiu'e  the  rii[iture  in  the  government  was 
traced  Iiy  tin;  (!overnoi''s  physician  to  those  Iett<'rs,  their  authorship 
ascribed  to  me,  and  mean  and  unworthy  motives  attrihiiteil,  who  will 
deny  my  right  to  show  that  they  were  written  for  (he  defence  of  the 
governmenl,  with  the  express  sanction  of  the  nobleman  at  its  head,  l»ut, 
sir,  had  1  even  transgressed  the  limits,  who  Jiad  set  the  example  ?  Did 
not  the  Governor,  in  his  letter,  violate  the  contidenee  of  Council,  and 
teU  the  public  who  advised  this,  and  who  the  other  appointment?     Did 


u 


cln-r  (if  lllO 
lyM  tlllll  IIH! 
II  IlllVr  Ihtii 
llllilicil  "  lll'.l 

'  ninlcrt'tl  it 

tdl'lii'Y  ^  •''"* 
ii-  iiiiy  ni'iii- 
II'  ( liivcriinr 
ml  ilic  cause 
,  iH  an  iiuli'- 
•iill'liUltinllill 

lit  liis  crown 
Tlic  Iiariicil 
■il.  J  lad  his 
-.ilioii  ol' (li,i;- 
iiii^lil  liavc 
•|y  press,  liiit 
iroiic,  ill  dis- 
)liysician  and 

■  pa-i|ulnadt'. 
e  a;j:aiii-t  the 
ever  |iublicly 
Falkland  and 

iitlack  tin'ir 

■  head  t>r  the 
ihc  (irigin  of 

1  di.-closnres." 
ate  any  thing 
cnilier  of  the 
u  writing,  the 

lie  snlfK^ient, 
( iiiverninent, 

to  whicii  was 
vcrnnient  was 
n-  autliorship 

ed,  who  will 
('fence  of  the 
its  head.  lUit, 
anijilc?     Did 

Council,  and 
itnient  ?     Did 


OKNTHAI,   ni'll'IA'. 


.Ml 


lie  n<it  tell  what  had  been  .'^aid  ahoiil  the  ei\il  li-'t,  and  uliai  iiad  lieeti 
siiiil  ahont  pai'ly  govei-n'neiit  ?  Who  made  ••  unaiilhnii/'d  ili-ejnMiies  " 
whi'ii  Mr.  .Minon's  appoiiiiuiiiil  wa-  told  all  omt  tin'  Inuii  lirfnre  we 
were  e\en  e(in~iilled  ?  \Vlirii  Mr.  I  )odd  niadi-  hi»  liedehaiiilnr  levela- 
lions  —  when  our  parly  knew  of  the  di^-olnlion  long  heilire  the  prodaina- 
fion  appeared  in  the  ( !a/ette  ?  When  mII  tlii-i  was  dmn',  there  was  very 
little  left  to  reve;d.  I  giaiil  il  Would  ha\e  in'iii  \ery  convenient  had 
jn-l  a>  nnieh  Ihtii  tuld  a>  >iiitrd  the  adiiiiiii-lralio'i.  and  had  the  male- 
rial  facts  liei'ii  ('(iincali'd  iipuii  which  reeled  llic  dili'iice.  riiii  ihey 
extorted  the  truth,  —  they  have  got  it.  and  let  tln'in  not  conijilaiii.  'I'hey 
loaded  their  Ivxeciiiive  lihnidcrlin«s  to  the  ninz/le,  and  would  hasc  made 
imi  the  victim  ;  they  ha\e  inis-ed  Ihi'ir  aim,  and  Iiieii  kimckid  o\er  hy 
llie  recoil,  liiit  the  ianlt  is  none  oi'  mine,  'i'lie  eximi  in  which  I  have, 
xi-ed  my  di-ci'etioii  will  he  judged  of  liy  (lie  IIiiiim'  and  hy  ihe  coiinlry. 
]\Iy  slaleineni  .-taiuls  nnciinlrailicled,  and  I  have  hd  fear,  if  neces-ary, 
that  it  will  not  lie  fully  coiilirme<l. 

IMr.  Chairnian,  I  mii~t   apologize  to  yon   for   the  lime  whicli  has  liecu 

occupied,  and  expre->  my  tiianks  lo  tin iiimitter  fur  the   patience  and 

atleiilion  with  which  I  have  lucn  heard.  I'luiii  ihc  niimliir  of  .speak- 
ers, and  ihe  vrvy  nature  of  a  general  reply,  1  would  ha\e  linmd  il  dilli- 
cnll,  even  if  F  had  jiossessed  tin'  power  of  eoinlen^alioii,  which  tli(5 
Attorney  (ieiieral  lells  u<  he  due-;  not,  to  have  coiiipr '--ed  my  thonghls 
into  a  narrower  coinpa<-.  I  feel,  however,  that  eiioiedi  has  heeii  said,  lo 
place  the  government,  whalever  may  lie  their  majoriiy  here,  lieforo  the 
jieople  of  \o\a  Scotia  in  no  en  viahle  light.  We  are  told  of  a  judges  who 
once  [lointed  his  stick  at  .-i  pri'^oiier,  exclaiming,  "  There  i>  !i  great  scamp 
at  the  end  of  my  slick."  The  andiemv^  were  convulsed  wil  h  langhler 
when  the  man,  liowing  politely  to  the  eonri,  impiired,  '•  At  which  eml,  my 
Lord?"  The  Attorney  (Icneral,  having  pointe(l  Lord  I''alk!and"s  Iiatoii 
at  me,  and  called  upon  his  Lord-liip  to  inform  the<'iiimiry  thai  there  was 
a  violent,  anihilions,  and  impraclicalile  man  at  the  end  ol'  il,  he  mn--l  not 
be  surprised  if  tin;  shrewd  people  of  \ova  Scolia,  with  great  good 
liunior,  ask  —  "At  which  end,  my  Lordi'"  The  .-iiiiation  in  which  the 
leariK'il  gentleman  has  got  the  governineiit  is  very  like,  that  to  whicli 
till!  ele|ihant  of  tin;  nielodraino  was  reduced  at  Driiry  Lane.  In  tlio 
midst  of  Timoiir  the  'i'arlar,  or  some  other  gorgeous  perllirmance,  a 
dreadful  noise  proceeded  from  the  howels  of  the  pa>teliiiaid  elephant, 
Avhich  was  soon  knocked  to  pieces,  and  two  men  tnmliled  upon  the  stage. 
AVIicn  the  merriment  lia<l  snhsided,  it  ap[)eared  that  tiie  ••  break  up  "  had 
been  caused  by  the  ambition  and  vn\y  of  the  man  whose  duly  il  was  to 
move  Ihc  hind  legs  of  ihc  clcpluuit.     In  a  Hi  of  jcalou.^y  and  spleen,  he 


'i 


<A 


V,l 


;i2 


constitutionalist's  letters. 


•  ill 


swore  lie  would  i)I;iy  "  afturparfs"  no  loiitijor,  and  stiu'K  liis  teeth  into  the 
haunches  of  liie  niau  who  diil  tlic  foreparts  —  got  a  kirk  for  liis  pains, 
and  th')  dcstruetioii  of  the  fabric  followed  as  matter  of  course.  Lord 
Falkland's  Council  was  split  in  the  same  way;  the  inacliiue  had  worked 
beautifully  for  three  years  and  a  Iialf,  but  the  learned  Attorney  General 
thought  he  was  too  near  tin;  tail  —  he  would  play  '•  afterparts  "  no  longer. 
For  more  than  a  year  his  ambition  has  been  gratified;  he  has  thrust 
liimself  into  the  foreparts,  and  got  his  brother-in-law  in  behind,  but 
luiforlMnately  for  the  manager,  and  the  audience,  there  is  very  little 
animation  in  ihe  elephant,  and  sometimes  it  will  scarcely  move  at  all. 


.^M 


P  M 


111  the  course  of  this  debate,  frequent  v<'ff'i'<^'nccs  were  made 
to  the  "  Coustitutioiuilist's  Letters,"  and  those  who  were  con- 
tent to  take  the  benefit  of  Iheni  when  they  appeared,  were 
anxious  not  only  to  tlu'ow  upon  INIr.  Howe  the  entire  responsi- 
bility of  their  composition,  but  to  shake;  tlie  government  wiiich 
they  defiMided  clear  of  all  i)artici})ation  in  their  origin.  Several 
altercations  and  explanations  occurred  upon  this  subject,  and 
]Mr.  IIowc  at  last  vcduc(!d  to  writing,  and  read  in  his  place, 
this  statement,  which  many  have  no  doubt  forgotten,  but  which 
ought  to  be  preserved,  as  the  paternity  and  style  of  those  rather 
celebrated  missives,  are  yet  cccasionally  canvassed :  — 


V,  !    ' 


I*"!  1  , 


'•    'i 


Mr.  Howe  said  that,  as  in  the  hurry  of  the  session  he  had  no  lime  to 
write  in  newspapers,  or  even  to  read  them,  he  diil  not  wish  to  be  charged 
with  any  statements  of  what  he  had  said  which  at  all  varied  from  the 
facts,  he  had  therefore  written  out  what  he  did  say  in  reference  to  the 
"  Constitutionalist's  Letters."  As  nearly  as  he  could  remember,  it  was 
this :  — 

That  tin;  abuse  poured  from  the  conservative  press,  for  many  months, 
upon  Lortl  Falkland,  his  household,  and  his  administration,  led  His  Lord- 
ship to  call  the  aitention  of  his  Council  to  the  state  oi'  the  press,  and  to 
urge  that  some  of  the  members  should  enter  the  arena  and  defend  him 
and  themselves. 

That,  u[)on  one  or  two  occasions,  he  called  upon  the  honorable  and 
learned  Speaker,  then  the  youngest  member  of  Council,  to  take  up  his 
pen  and  delend  ;!>(;  government. 

The  Speaker,  Mr.  Howe  believed,  declined  ;  but  that  out  of  the  feel- 
ing displayed  by  the  Lieutenant  Governor  arose  the  letters  of  "A  Con- 
stitutionalist,"  which  were  not  written  for   the  mercenary  and  mean 


fj  s 


;i  I 


teeth  into  the 


MU3QU0D0B0IT. 


513 


niiitivc-:  atli-iliiiird,  I»iil  to  ahato  (he  nuL-anci'  of  uhicli  Ul>  Lonl-hip 
conip'.aini'd, 

I  ii()\v..-aiil  yU;  Ilnwc,  add  that  Lord  l"\ilklaiid  cxiin^-cd  lii-  apvoval 
of  tlio-c  letter.^  as  tlicy  a[i])C'arc(l,  and,  iict'orc  llir  a-~tMnlilcd  Council, 
tlianki'd  the  antlioi-.  wlioi'vcr  lie  was.  in  tlh.  wai'nu'.-t  manner,  i'or  his 
services,  all  the  rn<iii.Iiers  a|i|iear!iiti;  to  >hare  lli(3  teeliiiir,  and  not  unc  of 
them  takini^  ex('e|ilion  to  liie  letters. 

AVliether  ^fr.  Dodd  \va-,  or  was  not  pre-ent,!  do  not  reineml)cr.  A^ 
tli(3  letters  a[)|Hared  in  the  sniiuiier.  It  is  very  prolialjle  he  was  at  home. 
Tli(>  statement  now  made,  is  .~iil)-tantially  correct,  and  ha\  ing  made  it,  I 
shall  di'l'eiid  it  liei'ore  all  the  world. 

Tho  8pe;ilc(U',  iMr.  Young',  subispqiiently  obtained  ppocial 
povmissioii  to  report  Ills  recolieclions,  Init  declined,  i^iving  as  a 
reason,  lliat  "llie  ;<tateiiient  \vhicli  liad  been  nv,u\c.  l)y  IMr. 
Howe,  and  re(bieed    to  writ  ing,  remained  uneontradicted." 

The  d(d)iite  was  brought  to  a  eloso  on  the  thirteenth  day, 
Mr.  Uniaeke's  n^soluiions  being  n^jected  or  amended  by  a  ma- 
jority of  three.  Tliis  nega+ived  the  statement  made  to  Lord 
StaiUey,  that  the  opj)osith)n  was  becoming  W(>ak ;  whih^  the 
other  statement,  that  tlu^y  were  willing  to  eonscMit  to  the  sacri- 
fice of  j\[r.  How(>,  was  llally  contradicted  by  every  gentleman 
of  that  l)iirly  who  spoke  in  debate. 

It  was  evident  that  the  administration,  vrith  all  the  patronage 
of  governuKMit  at  iheir  dispostd  for  fifteen  monHis,  were  but 
little  stronger,  and  it  was  (piite  as  apparent  that  they  were, 
every  day,  losing  ground  in  the  country. 

At  tlu>  close  of  the  session,  Mr.  llowc'  moved  his  family  into 
the  interior,  where  they  spent  two  years  upon  the  hetid  waters 
of  the  Miiscpiodohoit.  "  Tliey  we're,''  we  litive  often  heard  him 
say,  "  two  of  the  lia[)piest  years  of  my  lifi'.  I  had  been,  for  a 
long  time,  overworking  my  brains  tuid  imderworking  my  body. 
Hero  I  worked  my  body  tuid  rested  my  bnuns.  We  rose  at 
daylight,  breakfasted  -at  seven,  dined  at  twelve,  took  tea  at  six, 
and  then  iissembled  in  tjie  library,  where  we  read  four  or  live 
hours  almost  every  evening.  I  learned  to  plough,  to  mow,  to 
reap,  to  ( radle.  I  kn(!w  how  to  chop  and  pitch  hay  l)eforc. 
Constant  exerciser  in  the  open  air  made  me  :is  htu'd  as  iron. 
My  liead  wtis  ch'tu*  tuid  my  spirits  buoyant.     My  girls  learned 


1 

i 

.1   ' 

\ 

i 

I'l 


I  t 


il  i 


p'1    'a 


,    flCT^ 


I  t 


11 


•11       I 


\    il 

\ 

1    J 


614 


nCNIC  IN   CORNWALLIS. 


;M' 


; 


r,„ 


u :' .  ■ 


to  do  every  lliing  that  llic  (liuiqliterH  of  our  p(^asaMts  learn,  and 
got  a  kuowledgi!  of  Ijooks  wliieli,  amid;?t  tlie  eiulless  frivolities 
and  go.ssi[)ping  of  eity  life,  Ihey  never  eould  have  actiiiircd.  Aly 
boys  got  an  insight  into  what  goes  on  in  the  interior  of  their 
own  country,  wliich  should  be  of  service  to  thcin  all  their  lives. 
I  read  The  Edinburgh  Review  i'roni  the  eonuneneenient,  and 
all  the  poets  over  again  ;  wrote  a  good  deal,  and  yet  sj)ent  the 
best  part  of  every  line  day  in  the  lields  or  in  the  woods.  INIy 
children  were  all  around  nie,  and  in  health;  and,  although  I 
had  cares  errough,  as  God  knows,  and  you  know,  I  shall  never, 
perhaps,  be  so  happy  again." 

Between  haying  and  harvest  he  found  time  for  some  excur- 
sions to  the  westward.  In  July,  he  was  invited  to  attend  a 
public  meeting  and  to  accept  a  public  dinner  at  Digby,  where 
he  spoke  for  three  hours,  and  wdiere  his  only  living  sister,  whom 
lie  dearly  loves,  heard  him  for  the  first  time.  There  were  meet- 
ings and  diiniers  at  Lawrence  Town,  Falmouth,  Windsor, 
Brookiield,  Liverpool,  Lock's  Island,  Barrington,  and  a  monster 
picnic  in  Cornwallis,  where  about  fifteen  hundred  persons  of 
both  sexes  assembled,  under  the  greenwood  trees,  to  welcome 
the  regenerator  of  Colonial  institutions.  The  following  address 
was  presented :  — 

]Mu.  JosF.rii  TIoWE  :  Sir,  —  It  is  Avith  feolintr-^  of  no  ordinary  joy 
and  gratifK'ntion,  tliat  avo  ■welcome  you  to  our  fertile  county.  No  lan- 
guage at  our  command  can  adequately  convey  to  you  the  unfeigned  sat- 
isfaction and  heartfelt  gratitude  with  which  we  have  ever  witnessed  the 
imtirlng  zeal  and  jierscvcn'ance  you  have  disjilaycd,  in  supporting  our 
best  interests  during  the  whole  tenor  of  your  political  career. 

Time  would  fail  us  to  enumerate  even  the  more  prominent  scenes  in 
which  you  have  stood  forth  the  friend  and  ciiami)ion  of  the  people,  and 
triumpliantly  fought  their  battles,  both  with  your  pen  and  in  the  legisla- 
tive arena,  and  l)y  wliicli  you  have  won  their  lasting  confidence  and  af- 
fection. Ihit  we  feel  it  a  duty  incumbent  on  us  to  mark  with  peculiar 
applause  and  approbation,  that  noble  and  disinterested  act  by  which  you 
and  your  associates  cast  off  the  shackles  of  office,  and  came  forth  the 
staunch  and  unfettered  guardians  of  the  people's  rights. 

For  this,  as  well  as  for  the  successful  exertion  of  a  whole  life-time 
spent  in  promoting  the  glorious  cause  of  British  Colonial  freedom,  in  the 


^i 


■i  loam,  nnd 
s  frivolities 
aired.  My 
ior  of  llieir 
I  llicir  lives, 
•eiueiit,  luicl 
L'l  spent  the 
roods.  INIy 
alt  hough  I 
shall  never, 

some  excur- 
to  attend  a 
>igby,  where 
iister,  whom 
:;  wvvv.  mcet- 
1,  Windsor, 
id  a  monster 
1  persons  of 
to  welcome 
ving  address 


ordinary  joy 
ity.  No  lan- 
miV'igned  ftit- 
witnc^sed  the 
ipporting  our 
cr. 

lent  scenes  in 
le  people,  and 
lu  the  legisla- 
ilciu'C  and  af- 
wiUi  peculiar 
)y  which  you 
luie  forth  the 

'hole  life-time 
rcedom,  in  the 


PICNIC  IN  CORNWALLI:^ 


515 


name  and  on  hehalf  of  the  reformers  of  King's  county,  we  beg  to  tender 
you  our  Ijest  thanks  and  confidence,  and  our  sincere  and  earnest  ^vi:^he9 
for  your  future  usefuhiess  and  prosperity. 
King's  county,  July  17,  1845. 

Mr.  llowc^  spoke  for  four  hours  to  this  gi'i^at  audience.  From 
the  only  report  that  we  can  iind  t)f  the  day's  i)roceedings,  wc 
take  a  short  extract :  — 

IMr.  Howe's  heallli  followed.  How  it  wa.-?  drank,  it  becomes  us  not 
to  say,  l)ut  it  will  Ije  many  a  year  before  lie  fiu'gets  the  brilliant  and  en- 
lli'.'.siastic  scene  which  surroiuided  him  when  he  rose  to  reply.  lie  may, 
indeed,  l)e  panloned  if,  at  that  moment,  he  forgot  that  the  three  members 
for  King's  county,  who  backed  Lord  Falkland's  proscription,  ever  had  ex- 
istence. The  venerable  forms  and  hoary  locks  of  age  surrounded  liim  on 
every  side,  the  upturned  faces  of  these  patriardis  beaming  with  a 
blessing;  the  vigoi'ous  forms  of  '■  a  bold  peasantry  —  their  country's 
pride,"  were  then',  telling  how  they  had  boi'iu\  and  were  still  able  to 
bear,  the  heat  an<l  burden  of  the  day,  social  and  political ;  and  the  grace- 
fid  forms  and  suiuiy  looks  of  youth  were  there,  giving  hope  and  promise 
of  a  rising  and  new  generation,  imbued  with  tlii'ir  jjarents'  principles, 
and  emulous  of  their  virtues.  lie  might  have  been  excased  had  he  ex- 
claimed— 

"  Go  iisk  yoii  despot,  whether 
His  servile  iiiinds 
Can  bring  siicli  liamls 
Ami  hearts  as  tliesc  togetiicr." 

After  a  few  brief  allusions  to  [)ublic  afi'airs,  ]Mr.  Howe  asked  a  binu- 
per  for 

"  The  Ladies  of  King's  County." 

In  the  early  part  of  the  day,  referring  to  their  j)re,-ence,  their  beauty, 
and  to  the  chastening  and  hallowed  influence  they  shed  even  over  scenes 
of  pohtical  excitement,  he  remarked,  that  sculptors  and  ])ainters  of  old 
stole  from  many  forms  their  lines  of  beauty,  and  from  many  faces  their 
harmonies  of  feature,  and  sweetness  of  expression  ;  but,  from  the  groups 
around  him,  individual  forms  and  single  tiices  might  be  selected,  to  wliieli 
nothing  could  be  added,  without  marring  a  work,  that,  if  faithfully  copied, 
would  stamp  divinity  upon  the  marble,  or  immortality  on  the  canvas. 
He  reverted  again  to  this  pleasant  theme,  lie  had  seen  other  countries, 
and  admired  their  wonders  of  nature  and  of  art.     Germany  had  her 


'  l 


r  I 


fif!- 


i\i-l 


5   ••U 


n 


51G 


AMONG  THE  GERMANS  OF  LUNENHURG. 


m.T'P    '   iK 


^  mmmi  it 


;.  t ; 


Drackcnlel^,  tnid  Srollaiid  Iicv  niouiitaiiis  ;  Fi'aiici'  lur  \  iiP'yai'ds  ;  Kni^- 
land  her  busy  marts,  ami  Ireland  lior  depth  dl'  verdure,  —  eaeh  and  all 
had  some  i>i'ciiliar  eliarin,  some  native  charaeteri^lic.  tliiit  Xova  Seutians 
must  he  eiinienled  to  admire,  and  satisfied  lo  want ;  hat  when  he  came  to 
conteniplati'  that  iirst  best  gift  of  God  to  man,  he  eould  jilaee  the  j^ii'lsof 
his  own  wild  eonntry  besid*;  those  of  any  portion  of  the  globe,  and  thank 
Providene*!  that  those  wd>o  were  to  lie  in  our  l)osom.s  and  beautily  our 
Lomcs,  were  their  eciuals  in  personal  loveliness,  in  taet,  and  virtue.  lie 
would  not  undertake  to  decide  the  (piestion  whether  King's  county  wa?, 
or  was  not,  the  garden  of  Nova  Scotia,  but  he  had  never  seen  a  garden 
graced  with  so  many  ex([uisite  ilowers. 

The  greatest  triiiin})li  of  llic  year,  liowever,  was  the  iinpves- 
siou  made  by  INIr.  Tlowe,  eoiitrary  to  (everybody's  expectation, 
upon  the  county  of  Lunenburg.  This  county,  originally  settled 
by  Germans,  and  peopled  l)y  their  descendants,  had  hitherto 
sustained  every  government.  Its  inhiibitants,  a  fine  race,  but 
attached  to  the  traditions  of  their  fathers,  were  assumed  to  be 
impervious  to  political  speculation.  INIr.  Howe  went  among 
them,  and  addressed  about  one  thousand  of  them  in  their  shire 
town  in  the  open  air.  "  I  half  expected,"  we  have  heard  liim 
say,  "  that  ihey  would  have  broken  my  head.  They  carried  me 
home  on  their  shoulders."  Other  meetings  ft)llowed  at  Chester, 
Mahone  Hay,  and  Lahave,  and  when  the  elections  came  roinid 
three  of  Lord  Falkliuid's  supporters  were  unseated  and  Ihree  of 
Mr.  Howe's  friends  returned.  No  reports  of  the  speeches  de- 
livered in  this  county  remain,  l)ut  we  have  heard  those  who 
were  present  at  these  meetings  express  their  astonishment  at 
the  perfect  mastery  which  INIi*.  Howe  so  suddenly  accjuired  over 
the  German  mind.  The  only  scrap  that  I  can  iind  reported  is 
this  :  — 

I  have  been  told,  said  Mr.  Howe,  that  it  was  useless  to  come  here ; 
that  the  Germans  loved  not  free  discussion;  that  they  could  not  under- 
stand me ;  that  they  were  dee^dy  prejudiced;  and  that  they  venerated 
Tories  as  some  of  the  heathen  nations  reverence^  the  ape.  Can  this  be 
true  ?  Have  you  the  hands  to  toil,  and  the  frames  to  endure,  yet  not  the 
intellects  to  understand  the  true  interests  of  our  connnon  country  ?  Does 
tlie  old  Gi'rman  Idood  lose  its  generous  and  eimobling  (pudities  when  it 
circulates  through  a  Nova  Scotiuii's  veins  ?     Have  you  the  industry,  the 


1      1    1 


ill  J. 


yards  ;  Kng- 
cai'h  aiul  all 
lova  Scutiaiis 
•n  he  cami;  to 
('  llie  <^irlsof 
)o,  and  lliaiik 
Ixjaiilily  our 
1  virtue,  lie 
s  fouiuy  was, 
iccu  a  garden 


the  impvcs- 
oxpectation, 
nally  settled 
liud  hitherto 
uc  niee,  but 
sullied  to  be 
^vellt  among 
lu  then-  shire 
c  heard  him 
•y  carried  me 
d  at  Chester, 
came  roiuid 
and  three  of 
speeclies  dc- 
d  those  who 
)uishmeut  at 
K'(iuived  over 
reported  is 


(()  conie  here ; 

iiid  not  iinder- 

IJiey  venerated 
Can  this  be 

ire.  yet  not  the 
)untry?  Does 
iilities  wh(>n  it 
L'  industry,  the 


AMONG    THE   fiFJiMANS    OF    LUNENIJURG. 


rAi 


frup:ality,  tlie  lion<'s(y  f)f  f'atlieriand,  yel  laek  its  love  ol'liLdit,  its  pah-iotic. 
ardor,  its  aspirations   alter  knowledge,  its   d(.'votion   to  ra'idiial    liliei'ly? 


Forliid  it,  lieaven  !     The  German  an  e 


neiny  It 


rei!  di,«eii--i()n 


That 


woidd  lie  stranire  indeed.     AVho,  when  the  world  was  .-hrdiidcd  in  ilark 


■when  kiiowledg(!  was  eonlined  (o  the  stn<lent's  cell,  and  iVre  di- 


nes 

.sion  was  a  erinie,  first  invented  the  printing  jm 


A( 


lernian. 


W 


<M1- 


irre 


('-(■i'\i'il 


is  that  preeious  relie  of  hmnan  ingeiuiity  and  intelligenee  still  pr 
Jn  a  German  city,  beneath  the  shadow  oCthe  noble  hills  of  thi'  vine-clad 

The  ( ierinans  Tories — the  siiii-crvient  tool^  of 
It  may  Ix'  >o;  and  yet  I  read  in  history,  that  when 


and  abounding  Khin 


bad 


men  in 


pow 


er 


Europe  groaned  heneath  the  feudal  system —  when  each  mail-elatl  liaidu 
built  his  ca.-tle  on  the  roek,  ami  harassed  the  [leasant,  and  levied  conlri- 

to  (ierinan  energy,  and  eoiu'agc,  and  in- 


buti 


ions  on  the  nierehant,  it  wa^ 


telleet,  that  I'airope  owed  its  freed 


)ni. 


Tl 


of  C 


ermany  formed  that  iioliU;  league,  coniluning  all  wl 


leii    II  wa<   that  tiic  frn-  ciiic 


lo  li\eil  ii\'  laiior 


against  those  who  lived  by  rapiiu',  and  liattering  aliout  tinir  oj)pn'-.-ors' 
ears  the  strong-holds  of  Toryism,  whose  ruins  sui'vive  liiil  to  deeorale  llie 
scenes  they  no  longer  overawe. 

Jn  ap[)roaehing  the   subject  of  responsihle    government,   ^Ir.    Howe 
traced  the  evils  which  afllicted  the  three  kingdoms  beliire  it-  introductii 
in    l('iS8.     Until  inav  be;  said,  what   interest   has   thi^  (Jeriuan    in   tl 


m 


MS 


(inestion?      If  that  Avere  possilde,  even 


nior 


e   than   tin;   conn 


noil  t 


hib 


(ireu  ( 


ifth 


(jil,  si)rnn'j;  irom   iillier  source 


Let  it   never  l)e  i'ori:otteu 


that  Avith  the  German  dynasty  came  responsilde  government  into  Mug- 
land;  that,  under  the  House  of  Hanover,  it  has  llouri>he(l  ever  >ince  ; 
and  that  Queen  Victoria*,  an  I'Jigiish  Queen,  sprung  from  a  Gn-man 
stock,  rules  by  the  v<'ry  princi])les  we  hav(>  assembled  here  to  a--ert.      If, 


th 


len,  vou  were 


all  G 


ermans,  us  your  loreiatiiers  were  m  1  i.j>''.  yon  eo 


uld 


not  be  enemies  to  i'lVi^  discussion;  you  couM  not  be  Tories  ;  you  could 
not  be  foes  to  responsible  government ;  btit  you  are  Xova  Scotian< ;  you 
are  my  connlrymen,  Ijound  to  love,  to  clierish,  and  to  guard,  the  land 
which  Providence  has  given  yon  as  a  home  lor  yoiirstdves  and  an  iidiei- 
itance  for  your  children,  and  it  is  a  foul  slander  to  assert  that,  in  the 
struggle  for  her  dearest  interests,  you  will  be  found  bidiind  the  re.-t  of 
her  poi)ulation. 

Towards  the  close  of  the  sc^nson  a  mass  meeting  was  held  iu 
the  capital,  at  which  a  series  of  spiritixl  resolutions,  ajipliciible 
to  the  then  position  of  public  aii'airs,  were  })assed.  Among 
them  we  liud  the  foUowinii;:  — 

44 


1  I 


;i!i 


^i! 


^^; 


; 


ii 


518 


MEETING    IN   HALIFAX. 


■I 


Rrsnlrrrf,  That  flin  unwoaricMl  efforts  inndo  l)y  Mr.  .To>oi»li  TTowe  to 
arouse  liis  comitrynicn  lo  the  importance  of  llie  present  crisis,  ami  to  coni- 
munieate  to  distant  and  scattered  eonstitneneies,  sound  information,  de- 
mand from  us  the  expression  of  our  steady  confidence  and  approbation; 
wliile  tlie  unconstitutional  proscription  of  that  gentleman,  by  the  advice  of 
the  inveterate  enemies  of  good  government,  and  rational  Colonial  advance- 
ment, hut  gives  him  a  higiier  title  to  our  cordial  and  united  support. 

j\Ir.  IIo\V(!  acknowledged  tlie  compliment  paid  to  him  in  the  resolu- 
tion, and  alluding  to  the  ])roscription,  said  that  he  would  like  to  be  pro- 
scribed again,  as  his  enemies  had  been  condemned  by  twenty-two  public 
meetings,  and  he  had  been  complimented  with  eleven  [)ublic  dinners, 
lie  wondered  in  what  part  of  Nova  Scotia  His  Lordship's  Councillors 
could  carry  a  majority,  or  where  His  Lordship  could  get  a  public  dinner. 
His  Lordship  had  the  government,  and  was  welcome  to  it  ;  the  ex-Coun- 
cillors Jiad  the  hearts  of  the  people,  by  far  the  most  honorable  heritage, 
and  the  fairest  possession. 

Early  in  December,  Lord  INIetcalf  arrived  licrc,  en  route  for 
England,  to  die  ;  Earl  Cat  heart,  commander  of  the  forces,  being 
left  to  iidminister  the  government.  With  the  departm'c  of 
Lord  JNIetcalf  the  strnggle  in  Canada  for  administration  by  a 
cabinet,  formed,  and  led,  consnlted  and  responsible,  as  in 
Eni'land,  ended.  We  had  to  struggle  a  little  longer,  but 
everybody  could  now  sec  sunlight  through  the  clouds. 

From  time  immemorial  a  levee  had  betvn  held  by  tlie  Queen's 
representative^  on  New  Year's  Day.  The  ceremonial  was 
omitted  in  1840,  and  the  circumstance  was  assumed  to  indi- 
cate that  th(5  real  state  of  public  opinion  had  at  last  penetrated 
into  Crovermnent  House. 

The  f;essioii  opened  on  tlu^  lOtli  of  January.  In  England, 
Sir  Robert  Peel  resigned  about  the  (Mid  of  the  month,  and  the 
Whiijs  came  in  ajijain  under  Lord  John  Russell.  Lord  John 
subsecjuently  retired,  but  replaced  Sir  Robert  again  in  July. 

Hoping  that  responsible  government  might  be  thereby  stran- 
gled, and  the  difficulties  of  the  liberals  —  should  they  ever 
come  into  power — be  increased,  the  object  of  Lord  Falkland 
appeared  to  be  to  withdraw  from  the  control  of  P<<rliament 
such  oflices  as  fell  vacant,  and  which  might  be  converted  into 
departmental  offices  and  held  by  members  of  administration 


RKPLY   TO   JIR,    WlLKINi=!. 


519 


[)li  Howe  to 
ami  to  com- 
•inution,  «lo- 
pprobrttion; 
be  ml  vice  of 
lial  advance- 
support. 

n  tlu'  ro>olii- 
cc  to  be  pro- 
(y-two  public 
iblic  ilinners. 
s  Councillors 
)ublic  dinner, 
the  ex-Coun- 
iblu  heritiige, 

cn  route  for 
forces,  being 
leparturc  of 
t  rat  ion  by  a 
iblc,  as  in 
onger,  but 
Is. 

lu;  Queen's 
monial  was 
iH>d  to  indi- 
penetrated 

u  England, 
ith,  and  the 
Lord  John 
11  in  July, 
lereby  stran- 
Id  they   ever 
M'd  Falkland 
Pm-liament 
:)nverted  into 
dministration 


on  the  tenure  of  publie  eonfidenee.  On  the  (U'fah^ation  of  the 
late  Ticasurer,  I  lis  FiXcellcney  appointi-d  Mr.  I'^airbiiiiks  to 
that  ollice,  ))roiiiisiiig  it  for  life,  though  it  had  t»ccii  (•sp<'cially 
named  in  Lord  John  Russell's  dispatch,  as  one  of  ihosr  which 
should  he  held  by  a  parliamiMitary  teniu*e  ;  and  when,  as  was  af- 
terwards discov(>red,  tjic  salary  being  voted  annually,  no  ])atent 
such  as  INIr.  Fairbtuiks  was  induced  1o  rely  on  was  worth  a 
sixpence.  A  i)ill,  introduced  by  Mr.  Marsliall,  for  disciuidilyiiig 
certain  ollicers  from  sitting  in  Parliament,  was  designed  1o 
carry  out  the  same  [)olicy,  and  was,  after  a  shari)  debate,  car- 
ried dm-ing  tins  session.  In  att(.'mpling  to  j)ay  over  to  certain 
public  ollicers  ,£7,800,  claimed  as  arrears  of  salary,  the  govern- 
ment was  signally  defeated,  and  the  consideration  of  the  subject 
postponed. 

W(!  give  some  extracts  from  a  speech,  deli^'jred  by  Mr. 
Ilowe,  on  Marshall's  bill,  in  ri'ply  to  Mr.  Wilkins,  which  illus- 
trate the  compactness  and  energy  of  his  style :  — 

The  learned  member  told  us  that  the  Constitution  of  Nova  Scotia 
was  the  work  of  a  Colonial  Secretary.  I  deny  the  fact.  Our  Constitu- 
tion was  worked  out  on  the  floor  of  this  House,  by  the  conflict  of  Colo- 
nial opinion  ;  by  the  enerjry  and  sagacity  of  Nova  Scotians  themselves, 
aided  by  a  combination  of  circumstances  in  the  other  Colonies.  Lord 
Glenelg  never  yielded  one  concession  till  it  was  asked  by  this  As- 
sembly ;  Lord  John  Russell  wrote  no  dispatches,  not  b.'ised  on  our 
Constitutional  demands ;  and  Lord  Sydenham  worked  out  the  new 
system  by  and  with  the  aid  of  the  leading  minds  in  this  Assembly. 
Nor  can  a  Colonial  Secretary  destroy  our  Constitution  ;  it  will  be  guarded, 
expand(.'d,  and  preserved,  by  successive  generations  of  intelligent  men, 
in  spite  of  the  unnatural  attempts  of  such  persons  is  the  learned 
member  for  Hants.  That  gentleman  tells  us  that  all  in  portant  appoint- 
ments have  been  given  l)y  the  present  government  to  representatives 
of  the  people.  Let  us  remind  him  of  the  three  late  appointments  made 
to  the  Legislative  Council ;  not  one  ever  re))resented  a  constituency  in 
Nova  Scotia,  though  one  had  borne  a  high  oflice  in  the  municipality  of 
Halifax.  He  tells  us  that  the  Governor  is  "  nowhere."  I  do  not  un- 
derstand his  meaning,  but  may  say  that  if  he  were  anywhere  else  but  in 
Nova  Scotia,  few  would  be  very  sorry.  The  learned  gentlcnnui  deplores 
the  selli>h  ambition,  and  absence  of  moderation,  in  his  opponents  ;  but 
we  can  scarcely  compare  them,  in  these  respects,  with  the  supporters  of 


fl 


I; 


i:I^H     'I 


I'i  ■W 


r>20 


1]EPI.V  TO   MR.   WILKINS. 


'  .liv  ■ 


■" "  t  ■m 


m 


n 


"fii^' 


tlic  ])r(s('nt  pnvfrnmfnt.  Ilnvc  tlicy  not  crrii-pcd  at  cvfi'y  oflloo  tliiit  has 
t'alli'ii  \!H'aiit.  and  ili\  idccl  tliciu  aiiioiii;  tliciiisclvcs  ?  Do  llicyiKit  seek  (o 
witlidraw  the  n'ci|ii(Mits  tVoin  this  JIoiisc,  that  they  may  hold  those*  ollices 
tor  \\\'r  iiiichci'ki'd  hy  pojtidar  coiitnd!'  Were  not  three  silk  p)\vns  jjiven 
to  three  lawyers  in  the  western  section  of  the  Provinee,  the  elainis  of 
seniois  heinir  siit^dited,  and  the  eastern  counties  heinj^  left  Avilhont  counsel 
tor  the  crown  ?  The  learned  trenllenian  rxhihited  some  selli>hness  and 
but  littli'  moderation  in  claiming  his  share  of  the  i^poils.  lie  tells  us  that 
Lord  ^letcalf  ami  we  are  opposed.  I  deny  the  fact.  Are  we  jiressing 
for  any  lliiiiii  more  than  that  nobleman  acknowledged  in  Canada?  Did 
he  not  govern  by  a  iiai'liamentary  majority,  working  through  heads  of 
departmcMits?  Did  not  Lord  Sydenham  and  Sir  Charles  IJagot  <1()  the 
same  ?  I  do  not  believe,  that  at  this  moment  there  is  si  n\an  in  Canada, 
of  any  jiolitieal  parly,  who  would  inak(!  so  servile  and  abject  a  speech  as 
that  to  w'.iich  we  have  listened  to-day. 

The  learned  member  is  very  anxious  .'d)Out  the  interests  of  the  mi- 
nority at  the  next  election,  and  asked  what  would  become  of  them? 
Why,  what  becomes  of  us  ?  We  have  never  excited  his  sympathies, 
awakened  his  solicitude.  Here  we  are,  a  body  of  independent  gentle- 
men ;  boinid  together  by  public  ties;  resisting  the  blandishments  of 
power;  rejecting  the  sweets  of  olliec ;  taking  our  stand  upon  public 
principles ;  supporting  good  measures,  and  opposing  bad  ones  ;  and 
honorably  discharging  oui-  duties  to  our  sovereign,  to  each  othei',  and 
to  our  country.  We  liavc  asked  for  nothing  —  got  nothing.  Let  those 
who  charge  us  Avith  andjition  and  selfishness  copy  our  example,  and 
follow  in  our  footsteps,  if  they  are  left  in  a  minority.  If  they  copy  us, 
they  will  secure  public  confidence  ;  if  we  co])y  them,  we  are  certain  to 
lose  it.  But,  sir,  should  parties  change  sides,  our  diflicuUies  will  not  arise 
from  any  selfishness  or  want  of  moderation  in  our  own  ranks ;  they  will 
not  proceed  from  the  manly  and  disinterested  conservatives,  who  will  go 
into  op[)osition.  Our  dilliculty  will  be  to  deal  with  such  "  loose  fish"  as 
the  learned  member,  who  will  support  any  government ;  ask  patronage 
and  take  it  from  any  administration;  and  who  swim  into  any  pool  which 
happens  to  be  full.  How  can  we  resist  the  claims  of  conservative  gen- 
tlemen, who  go  into  distant  counties  with  old  newspapers  in  their  hands, 
applauding  our  acts,  and  swearing  by  our  opinions  ?  The  opposition 
may  have  committed  errors  and  have  had  their  faults;  but  a  more  manly, 
public  spirited,  united,  and  disinterested  body  of  men,  were  never  ex- 
hibited by  the  legishitive  contlicts  of  any  country.  What  right  has  the 
learned  member  to  ii[)braid  such  men  ?  Has  he  evinced  any  repugnance! 
to  take  ollice  ?     ILid  the  Governor  to  chase  him  over  the  marshes  of 


r'it 


IM'.PLY   TO   MR.   WILKIXS. 


521 


ITiro  tliat  1ms 

•y  IKtt  sci'k  to 

I  those  (illict'S 
L^owus  jrivon 

the,  I'liiims  of 
ilhoiil  colln^el 

(.;lli>llHI':^>  !iml 

.c  tells  us  tllilt 
c  we  prossing 
'miiulH?     l)i«l 

II  till  heads  of 
r>!\p:ot  <lo  the 

lan  in  Canada, 
;et  a  speech  ii3 

ests  of  the  mi- 
ome  of  them? 
lis  synii)athies, 
)t'ndcnt  j^entle- 
mdishments  of 
d  upon  public 
)ad  ones  ;   and 
■ach  other,  and 
\Yf.     Let  those 
exanii)le,  and 
they  copy  us, 
arc  certain  to 
s  will  not  arise 
links ;  they  will 
cs,  who  will  go 
"  loose  iish  "  as 
ask  patronage 
any  pool  which 
nservative  gen- 
in  their  hands, 
The  opposition 
It  a  more  manly, 
were  never  ex- 
it right  has  the 
any  repugnance; 
the  marshes  of 


Hants,  and  to  lie  lijs  legs,  liel'ore  the  silk  gown  could  he  Oireecl  over  his 
shoulders?  ()rdi<l  the  learned  inenilier,  the  moiuent  he  saw  it  fluttei'ing 
in  the  hreeze.  lean  iulo  its  I'oMs,  with  tin  eagerness  that  only  evinced 
liow  ready  h<'.  was  11)1'  au  olliee  iii(»re  lucrative  and  honorable?  I  will 
lell  the  learned  menibei-  Jiow  a  minority  slioidd  lie  protected  ;  first,  liy 
the  justice;  of  the  party  in  power;  and  next,  by  the  force  of  pultlic 
opinion.  A  party  may  Hu'in  tiie  government,  but  once  formed,  it  -hould 
discharge;  the  sovereign's  obligations  to  tli(i  whole  country,  Uy  justice, 
it  will  widen  its  base  ;  injustice;  will  narrejw  it  ;  anel  if  uiiju-U  ])ublic 
opinie)!!  will  arm  the  minority  willi  stre'iiglh  te)  ejveTluru  it.  lie't  the 
learneel  member  take-  e'ennibrl,  then  ;  he  will  nett  be  witheiiil  iiis  remeelies. 
The;  learneel  me'inber  re'[)i'oaches  me  with  siiying  Lorel  Stauh'y  was 
shelve'el.  I  saiel  that  the;  re;a-ons  given  in  Engiauel  for  ids  re'ineival,  by 
the  press  of  all  partie-s,  was  llw  juismanagement  eif  (olouial  affairs. 
Whether  this  be  true  or  not,  it  cannot  be  disputeel  that  tlu-e'e'  Colonial 
Secretaries,  avowing  anel  acting  on  the  principle's  of  the  me'inber  for 
Hants,  would  separate'  North  Aine'riea  from  the  Uritish  e-reiwu,  anel  no 
power  on  earth  couKl  ave-rt  the  disse)lution  of  ties,  that  we)ulel  lu)  le)nger 
be  worth  preserving.  If  he  were  a  patriotic  and  letyal  Nova  Sce)tian,  he 
would  seek  to  ele-vate  his  countryme'ii.  not  to  depress  them;  to  liind  them 
to  England  by  kindred  sympathies,  ne)t  by  sneaking  servility,  and  alye'ct 
fear.  Lord  Sydenham  declareel,  hael  he  be'cn  a  Colonist,  —  se>  re)tten  and 
defective  was  the  olel  system  which  the  learned  geiitleinan  aelmires, — 
that  he  woulel  not  liav(!  (blight  to  maintain  it.  Let  us  have  a  Constitu- 
tion that  Ave  can  fight  feir  ;  and  then  the'  generous  ties  that  bind  us  to 
our  latherland  can  never  lie  rent  asunder. 

The  learneel  gentle'iiian  never  wearies  of  d'Miouncing  the  idea  that  the 
"leaeling  minds"  of  North  America  are  te)  govern  these  ne)ble' posses- 
sions, by  the  constitutional  fen-ins,  anel  in  the  same  wise'  anel  !e)yal  spirit 
of  mutual  forbear'vnce,  by  which  the  dignity  of  the  throne  is  uphelel,  and 
the  liberties  of  the  people  are  preserved  by  the  "  leading  minds"  at 
Imme.  His  idea  of  a  perfect  Colonial  government,  is  a  Governor  to 
whom  all  knees  shall  bow,  all  interests  give  place,  all  forms  yield,  and  to 
whom,  however  wanting  in  temper  or  dcficie'nt  in  intellect,  the  wise  and 
patriotic  natives  of  the  country  shall  tender  no  advice  anel  offer  no  resist- 
ance. Carry  out  his  theory,  and  these  Colonies  are  lost.  But,  sir,  has 
his  theory  ever  been  reduced  to  practice  here.  Look  back  for  forty  years, 
and  show  me  a  Governor  that  two  or  three  clever  men  did  not  rule.  Sir 
John  "Wentworth,  Sir  Peregrine  Maitland,  Sir  James  Kempt,  .Sir  Colin 
Campbell,  were  all  either  governed  or  largely  controlleel  l»y  the;  adroit  and 
able  luca  by  whom  they  were  surrounded ;  by  the  leading  minds  of  the 
44* 


i'f' 


u 


'< 


■  1 1 


:\y       1,1 


1 

i 

i 

■  ii  '■ 

1 

k 

i  .1 


I    I 


*  it  f 


r' 


^li! 


r.oo 


REPLY  TO  MI{.   WILKINS. 


(I'ly.  Si)  ii  must  over  In',  licoaiiso  iIk-  stnui!;  iiiimls  llial.  luilurc  i>ro- 
(liiccs  ;4ciiii-;illy  sliiy  at  lioiiic,  wliilc  tin;  weak*  r  ones,  that  can  be  spared 
in  lOiiiiluiiil.  the  i^lcaiiiii!.''*  of  tlio  pccrair*!  or  the  army,  arc  ol'icii  sent  to 
<;ovcrii.  ami  must  siircMimIt  t(t  a  raii,if(.'  ot'  intellect  hcyond  tin-  elevation 
of  lliejr  ()\\  n.  A\'!i()  iroNcrns  Xova  Scotia  at  this  moment  ?  The  learned 
memlier  will  li'll  ns —  Lonl  I-'alkland.  1  tell  him — the  Atldrney  (leii- 
eial  (i|i|i(i-iie,  III  iis  lar^'e  an  extent,  with  as  ahsolnie  an  inlhienee,  as  Sir 
Ivnhei'i  i'eel,  in  Kntilaiid  ;  aye.  and  with  a  tenure  of  power  more  seciu'e, 
becau.-e  every  eon<titnlional  avenue  of  i-efngc  has  lieen  elo>ed. 

The  learned  p'uthMnan  iidoi'iiis  us  that  re>pe('t  I'oi-  (!o\ci'nors  is 
M'earini^  away  in  Xova  Scotia.  I  deny  the  fact.  The  oilice  is  .-till  held 
in  hiyh  respect  hy  the  people  ;  it'  the  individual  who  tills  it  has  I'orleited 
their  esleem.  it  i^  nnich  to  he  deplon-d,  though  on  this  topic  F  iiave  no 
■wish  to  dwell.  Tiie  ex]ierience  of  the  jiast  two  years  has  shown  all 
j)arties  tlie  lt>lly  of  introducing  the  (Joveruor's  name  info  our  discussions  ; 
it  ought  not  1(1  lie  hi-ought  here,  hecau-e  it  sh.ould  never  he  used  to  intlu- 
ence  dehale.  and  if  so  used  will  ever  lead  to  criticism  and  retort.  The 
learned  gentleman  has  raked  u[)  an  old  nowspaj)er.  and  charged  me  with 
having  changed  some  opiidoiis  expressed  in  iHoo.  Suppost;  I  had,  sir, 
■svhat  then  ?  I  am  ten  years  older  now  than  I  was  in  ISo,"),  and  I  ho[)C 
ti  little  wiser,  ami  if  my  increased  experience  had  shown  sonie  opinion 
to  be  unsoinid,  some  theory  to  be  impracticable,  I  Tvould  come  for- 
ward like  u  man  (as  Lord  John  llussfdl  did  the  other  day)  and  announce 
my  recently  l()rmed.  it  might  be,  be.t  my  didiberatc  conviction.  Jjut,  let 
us  see  what  were  those  strange  opinions  ■which  I  expressed  ten  years  ago  ? 
"  That  no  (Jovernor  in  North  America  can  hope  to  govern  by  patronage 
alone."  I  say  so  still,  and  if  proof  were  wanting  of  the  soundness  of 
the  maxim,  it  would  be  found  in  the  weakness  of  Lord  Falkland's  gov- 
ernment at  this  monu'ut.  and  in  the  fact,  that,  with  all  the  patronage  of 
the  I'l'ovince  in  his  hand,  for  the  last  two  years,  he  has  not  been  able  to 
seduce  one  man  i'rom  the  ranks  of  the  opposition.  I  am  next  charged 
with  asserting '"that  a  Governor  should  have  no  partisans."  I  say  so 
still.  A  Colonial  Governor  should  have  constitutional  advisers,  and  be 
free  to  seleetthem  from  any  party,  and  to  dismiss  them  when  ho  jileases, 
but  he  should  have  neither  enemies  nor  partisans.  He  should  preserve  a 
courteous  demeanor  to  men  of  all  parties,  and  have  personal  cpiarrels 
with  none  ;  because  ho  knows  not  the  moment  when  the  honor  of  the 
crown  and  the  interests  of  the  Province  may  require  him  to  call  to  his 
aid  those  who  have  been  the  most  active  in  opposition.  AVhcn  Sir  Robert 
Peel's  cabinet  was  recently  broken  up,  to  whom  did  the  Queen  send  a 
coufideniial  message  ?    To  Lord  John  Russell,  the  leader  of  the  opposi- 


;"  M 


REPLY  TO   Mli.   WILKINS. 


523 


ii- 


n  '1 


iKituro  pro- 
Ill  1k!  spiin.'il 
ol'icn  si'iit  to 
llic  clcviilioii 
'riic  li'siriuMl 
lldriii'V  (icii- 
uctii't',  us  Sir 
more  ,-c<'iin', 
..■(1. 

llovcrnors   i-s 
V  is  >till  hcM 
has  tbrffitt-Ml 
)i(!  I  iiavc   no 
i;is  shown  ill! 
r  discussions  ; 
used  to  inlhi- 
njtort.     The 
irgctl  nie  witli 
oso  1  hiul,  sir, 
;'),  ami  I  h()i)e 
sonic  opinion 
lUl  come    {br- 
and announce 
tion.     Jjiit  kt 
■n  years  a?;o  ? 
by  puti-onago 
;oundncss  of 
ulkhmd's  j^ov- 
patronage  of 
)t  been  able  to 
next  cliarged 
IS."     1  say  so 
visers,  and  be 
icn  lie  pleases, 
iild  preserve  a 
ional  cjuarrels 
honor  of  the 
1  to  call  to  his 
len  Sir  Robert 
Queen  send  a 
of  the  opposi- 


tion—  ihc  man  who  iiiid  oppo-cil  tlir  t'ovcrnmcnt  liir  years.  Ihr  Ma- 
ji'sly  had  neither  ](arti.«ans  nor  cncniics.  Lonl  KalMmid  could  not  do 
tiii->,  fill'  he  has  both  ;  lie  lias  (piarndlcd  wilh  one  parly  ami  nni-I  rule  by 
the  other,  or  throw  up  the  i-cin^  and  r(  tire.  'What  I  -aid  in  l.s;l."»,  then, 
lias  been   conhrnied  and   im!    weakened   by  our   Provincial   experience. 

])Mt  I  said  that    a   (Jovcruor   >liould    I ju-l   to  all."      I    -ay  m)  still. 

Justice  to  all  shoidd  be  the  rule  of  every  adniini.>tration.  Tlii-  was  the 
])rineiple  upon  whicli  we  acl"d  when  I  was  in  the  govcrmiicni.  When- 
ever it  was  violated,  as  perhajts  ii  wa>  in  (»ne  or  two  in.-tauccs,  from  a 
want  of  local  inrormatioii,  the  reacti(ju  was  in/|urious,  and  It  will  be  linnid 
that  the  pre-eut  admiuistratiou  has  sealed  its  liite  by  a  imiicy  which 
cannot  fail  to  bring  down  retributive  ju>tic<'. 

The  learned  gentleman  tells  us  that  "the  sagacity  ami  intelligence  of 
oin-  (iovernors  >re  the  best  security  ibr  our  li!)crties."  If  these  were 
our  only  securities,!  should  jiity  my  countrymen,  and  dcploi'e  the  fate 
of  their  children;  but  I  would  advise  them  to  r(dy  n|)Mn  ihrii-  own 
sagacity  and  intelligence,  as  Providence  may  sometimes  ,-eud  ilieni  rulers 
•wit li  very  little  of  either.  On  what  do  we  rely  at  this  moment?  On 
tlie  Govei'iior — No!  but  on  tla;  control  which  our  own  sagacity  and 
intelligence  give  us  over  the  learned  gentlemen  op[io.-ite,  who  are  bound 
to  sit  here  and  defi.'nd  every  exercise  of  tin;  prerogative.  Supi)ose  the 
most  able  men  in  the  emi)ire  were  seh  cled,  they  must  come  here  igno- 
rant of  a  thousand  things  without  a  knowledgi;  of  which  there  could  bo 
no  good  sfovernment.  The  member  Ibr  King's  is  a  shrewd  and  clear- 
]i(>aded  man,  but  su])pose  he  was  called,  at  a  day's  notice,  to  govern  a 
Province  in  India,  of  the  language,  the  geography,  the  .-tatislies,  the 
prejudices,  of  wdiich,  he  was  entirely  ignorant.  What  sort  of  (Jovernor 
would  he  make?  Nay,  take  the  learned  member  from  Hunts  himself, 
and  send  him  as  Lord  Provost  to  Glasgow.  Let  a  herald  go  before  him 
and  procluiui  that  a  ''distinguished  "  lawyer,  six  feet  high,  dee[)ly  read 
in  classic  lore,  had  come  over  from  North  America  to  gijvern  th(i  city, 
and  that  the  best  security  iiir  the  interests  and  liberties  of  the  people 
would  be  ibund  in  "  his  sagacity  and  int(dligence."  I  think  1  see  the 
Glasgow  l>aillics  shaking  their  heads,  and  coming  to  the  conclusion, 
that,  though  he  might  bo  a  very  line  I'ellow,  as  he  must  be  ignorant  of 
ten  thousand  things  that  a  Lord  Provost  sliouM  know,  it  might  be  as 
wtdl  to  rely  a  little  on  their  own  ''sagacity  and  intelligence."  Now,  sir, 
I  rely  upon  my  own  countrymen  for  the  good  government  of  Nova  Sco- 
tia, and,  without  undervaluing  the  rulers  who  may  be  sent.  I  may  safely 
])ro[)hesy  that  they  will  generally  find  here  more  intellect  and  inlbrma- 
tion  than  they  bring. 


'    1  I 


I 


I  ! 


n  ;  I 


If 


■M 


ro 


21 


l!i;i'l,Y    TO    MIt.    WII.KINS. 


Mb ' 


Till'  iiHMilHr  rruiM  II;iiit<  iiimlr  tin-  .-iii^rnlar  ii«s('rli(in  lliiil  llif  |ii('<fiit 
^.'ovcrimifiil  hail  iitlvocalcil  a  mnilcralr  >calc  of  .-alaric- ;  Iml  In-  kiio\v.-i 
llial  liny  (Iciiianilt'il  l'l,(iS(l  per  aiiiiiiiii  iiinrc  iliaii  we  wmilil  </i\r  lliriii, 
anil  tlial  llic  >aviii^  nf  thai  >iitn  niii-l  lii>  phicnl  in  ihr  n-nhl  nf  the 
oppit.-'ilioii.  'I'hi*  Irai'iii'il  •rciilli'iiiaii  ha>  a'j:aiti  tiiriii'il  In  liiinl  Syih-ii- 
liaiu's  |iii\alr  lillciv,  lo  >rairh  tiir  -oiiicthiiiij  at  \aiiaiicc  wilh  liis  |iiihlic 
nets  ami  pi'iin'iph's.  Sir,  I  liasr  >'\tr  piuliv-lnl  a^^aiiisl  ihi'  cuiirsc  whii'li 
(tiir  Ciiluiiial  'i'oiirs  have  piiiMiiil  tnwanU  the  iiiciuofy  of  Lnril  Sydcn- 
liaiM,  ill  M'ckiiii;  to  com  id  him  ol' ilmihlc  dealing;  ami  iii^iiirrrilv,  liy 
uhicli  h(>  would  appear  a  I'liarlalaii  ami  not  a  >lal<'stnaii.  \\'ho  dciiii'.-i 
that  Lord  Sydriiliaiii  may  ha\r  wrillni  ihal  In'  had  piil  down  thr  cry  lor 
r<'>|M>Msil>lc  ;.'ii\i'niii''nl  "in  il-^  inadmUsaldc  sense"?  Who  would 
bhiine  him  il' he  did!''  liiil  can  il  lie  shown  that  Lord  Sydenham  did  not 
sanction  fc.-poii-ilde  !Zo\rrmiienl  "in  the  sen<e  in  which  we  niiderstand 
it"!''  'I'hat  he  did  not  woilv  il  liy  heads  of  dcpartincnts  ?  l,onl  .loliii 
Kiissell,  we  are  told,  is  airain-t  iis.  Iml  do  not  his  dispatches  reco;i;iiizo 
the  system,  and  was  lie  not  in  ollice  till  Lord  Sydenham  died!''  IJut,  wo 
ari'  told  thai  Loril  Metcali'e  condennis  iis.  In  hazardiiii^  the  assertion  I 
make,  perhaps  some  of  my  own  I'riemis  may  diller  with  nie  ;  hut,  Irom  a 
pretty  extensive  readiiiL!;  ol'  Colonial  newspapers  ami  documents,  I  have 
come  to  tlu!  conclusion,  that  l-ord  iMetcall'e,  thou;::li  he  may  liave  need- 
lessly mistnisted  and  <piarrelleil  with  his  advisers,  lias,  since  that  ([iiarrcl, 
put  forth,  either  under  his  own  hand,  or  from  the  months  of  liis  constitu- 
tional advisers,  more  authoritative  and  explicit  avowals  of  sound  jirinci- 
])les  of  Colonial  jrovermueiit  than  all  his  predecessors  put  lo^<'ther.  The 
learneil  nu'inluT  considers  the  Canailian  ;j;overn!nent  hut  as  "an  oxperi- 
incnt."  Aye.  sir.  and  lie  niiirlit  have  added,  that  it  is  an  experiment  tliat 
never  would  have  heen  tried  if  sucli  sau'es  as  lie  could  have  interposed. 
It  is  an  experiment  lor  the  success  oi'  which  he  should  l)ray  duly  night  and 
morn,  for  if  it  fails,  then  indeed  all  is  lost,  riiil.sir,  that  (>xperiment  will 
not  fail,  either  in  Canada  or  lien^ ;  .and  (Jod  liirhid  it  should,  even  though 
it  may  iirevent  the  learned  memhcr  from  sporting  his  (igure  in  Congress, 
or  discharging  the  onerous  duties  of  President  of  the  United  StJites. 
No,  sir,  Ijrilisli  representative  government,  fairly  and  legitimately  worked 
in  North  America,  will  perpetuate  our  comieetioii  with  Great  lirilaiii. 
Deprive  us  of  that,  and  estahlish  the  petty  des|totisin  (hat  the  learned 
gentleman  prefers,  and  lleets  and  armies  would  i)c  sent  and  railroads 
constructed  in  vain. 

The  learned  meiuher  was  certainly  not  very  consistent,  when,  tifter  lie 
had  attacked  Lord  Durham,  who  was  dead,  and  the  Speaker,  who  wa3 
uailed  to  the  chair,  he  reproached  me  with  triumphing  over  a  nobleman 


IIKPI.V    TO    MK.    WII.KINS. 


r.) 


>zi> 


:il  llic  |iii'<cnt 
lull  III-  klinW.H 
III   ^'ivi-  llii>ni, 

iTt'liit     (if    lIlC! 

I  I, Old  SyiliMi- 

k  il!i  lii-i  |iiilili(> 

coiiisr  wliii'li 

Lord   Svili'ii- 

in-iiii'ci'ily,  liy 

W  iin    il('lli»v>< 

All  till'  cry  lor 
Wlio  wniiM 
iMiliiiiii  dill  not 
ri'  iiiiilristaiiil 
'  Liinl  .lolin 
Iirs  rrcii;;niz(i 
icil  ?  IJiil,  wo 
lie  :iss('rti(m  I 
> ;  ImiI,  iVoiii  a 
iinciits,  I  liiivc 
iiy  liavc  iiccd- 
!•  lliiit  (iiiiirrcl, 
r  Iiis  constitu- 
soiiiid  |iriii('i- 

O^ctlllT.      Tlio 

IS  "  iiii  oxpcri- 
:pci'iiiii'iit  tlint 

\i'  iiitrrposod. 

luly  night  and 
vprrinicnt  will 
li,  even  though 

I'  in  ("ongirss, 

'nitcd  Statf!S. 
nati'ly  worked 
[ii'cal  1>i'itain. 
i(  (ho  loarncd 

and  railroads 

when,  after  he 
ker,  who  was 
r  sv  nobleman 


whii  ua.  Mil  rrly  niil  ul'  nll'in'.  \n\v.  il'  I  liail  allark(  ij  l.diij  Slaiilcy, 
liii'  iii'Mii  iil'ilir  '.'i>\  iiiiiiiciil  -ri  >  nil'  llii'  t'saiii|ilt'  nt  a--ailiii'4'  l.iird 
•  liihii  Itit'-H'll,  lircaiM'  III'  i  mil  nl'  itliii'i'.  Iliil  I  Miid  hiilliiii<_r  uf  llir 
lali'  Sifi'i'tary  rM'i'|it  a  L'l'iii'ial  n'riTriiri-  lu  llio  raii^i'-  a-»i'_MH'd  liy  llic 
llrili«li    pi'i'"*.       I    iii\<r  Maiiiiil    Lnnl   Slanloy   liir  llir  ••  |irrti'ii-.inn-<" 

iji-palrli  ;   iiii-lnliiiiiirij  l>y  ir-jiitilf   ^lalriiH'iil -,   'arcriiil^ iirrali'il.  any 

man    ini'ilil    liavr    wriilm    il.       liiil    -iirrly  lli>  l,nii|-lil|i,  u  In  lli.  r  in  m- 

out  III'  olliii  .  rai \.  !■  Ill'  ijiiolt'd  a-i  aiithorily  ayain-l    lirad-  oj'  ilrpart- 

inriil-.      W'lial  >aiil  lir  in  (in'  u'l'rat  CaiiadiMii  doiialr  :  — 

"Mr  niiilrr.-loiiil  liy  *  ir-pmi-iMr  LMivi  I'liiiiriil  '  llial  llii'  ailiiiini-lra- 
linii  III"  ('aiiada  wa-'lo  lir  rariird  on  liy  llir  hi'aii>  ul'  ilcpailininl',  cii- 
joyiii'i  ihi'  ronrn|i'iiiT  ul'  llii'  piupjc  ul't'anaila.  ri'^puii'iiilr  lu  llir  Li-^is- 
laliii'c  ul'  Canada,  I'r-puii'ililr  lur  llir  r\('i'.'i~i'  of  ihrii'  I'lnu'liun^  in  lho>o 
ili'parlinrnls ;  and  inurr,  liial  iIh'  ( iuvri'iiui',  in  prupunndini;'  and  iiilro- 
diicin^ji;  wil'i  hi-'  >aiirriuii  li  "ii~lalis  c  nira-iiir>  lo  llir  I'ailiainriit  ul'  Can- 
ada, was  to  lir  <j;nidrd  liy  llir  ad\irr  nl'  ilm-r  wliuin  lir  lia~  callrd  lu  his 
Cuiinril-,  and  \\a>  lu  ini  nulnrr  mi  a-nrr-  npun  llirir  aiUirr,  llay  lakiiiif 
ihr  rr~pru-iliilily  ul'  rundiicliii'^'  tin  ir  mra-iirr^  lliruii'jii   l*arliamrnl." 

r>nl  J  was  told  thai  I  could  not  '-land  li\r  ininiilrs  nndri'  ilir  la^h  ut' 
the  j^rcal  Imjicrial  ;:ladialur.  I  Iia\r  -crn  tlir  arena,  and  I  have  -ecu 
the  men,  and  liir  lie  i'luni  mr  llir  vainly  lu  cumpare  with  ihrii'  chief  in 
temper  uf  weapon  or -Innuili  of  arm  ;  iml  ihi-  1  will  .-a\.  ihat,  il'  ihr 
cansi!  were  ;j;ooi|,  I  woiild  raliin-  lir  cm  iluun,  and  fall  willi  mv  lacr  np- 
tiinied  to  thr  for,  than  liy  hrliirr  him,  a-  I  havr  mcii  a  Iranird  craMii 
do  mure  than  once  in  the  fertile  cuiinly  of  Ilaiil-.  Sir,  I  rr-prci  (  ulu- 
nial  Secrelai'ies  and  memhcis  uf  i'ai'liamrni.  Iml  1  alilmi'  ihal  spirit  uf 
Infl-hnntinj^  toadyism,  which  had-  .-uiiir  prr-uns  lu  ^rrk  \\)V  infaililile 
wiMluin  under  a  cui'onri,  and  lo  niidn'\alii(  r\ei'y  ihiiiL;  in  unr  uwn 
ooiintry,  and  lu  wur-lii|)  what  cume-^  fruin  aliruail. 

In  the  matter  iA'  Lurd»,  as  u\'  uthrr  thiiii;-,  we  have  IrariU'd  in  Xova 
Scotia,  tiiat  sometimes  "distance  IrinN  cnrhantinenl  lo  the  \irw,"'  and 
tliat  figures  which  overawe  hy  their  iiiaLrniliidr  and  prupurlions,  -rrn 
through  the  Iia/.r  of  thr  liiiiad   Allanlic,  on  a  nearri-   appruadi    arr   rr- 


duced  lu  llirir   prupri'  dimrii>iuii.-. 


in    tl 


ir   niulher  cumilrv  rank   i-  re- 


spected, and  the  artitieial  di>rm('liun--  uf  Micie'ly  are  prr-ri-\ed,  liiii  llnnj 
are  eunununers  who  have  oiil-honr  llir  j*'i  ragr,  ami  takrii  a  iiiui'i'  en- 
during hold  of  the  people's  atli'cliuns.  What  Scotchman  wuiild  not  ex- 
change fur  Wallace,  Khun,  and  lliirns,  thr  whulr  peerage  (t\'  his  coun- 
try ?  AVhal  Irishman  that  dors  nut  prize  (Jraltaii,  Ciii'i'an.  JJurke, 
O'Connell.  almve  all  who  were  or  ai'r  llirir  -upi  I'iur-  in  rank,  hut  their 
inferiors  in  genius  'i     1  turn  to  the  sister  kingdom,  from  which  uiy  t-tock 


I  :  'H 


:( 


'  I  i:' 


52G 


REPLY  TO   MR.   WILKINS. 


PI 


'  '^ 


spi'iiig:^,  and  am  not  ashamed  (o  arkiiowlcduri'  that  I  am  heart  and  soul  a 
Saxon  ;  but  give  mc  IIam|i(kn,  Sliak.-pcaiv,  J\Iihon,  I'itt.  and  Fox,  and 
I  will  givo  you  as  many  Lords  as  would  stand  between  tliis  and  Fresh- 
water liridge.  The  learned  gentleman  always  reminds  mo  of  the  old 
Jaeobite  cavalier,  who  told  his  son  to  bow  to  the  erown  if  he  saw  it  on  a 
bramble.  JNIy  reverence  for  the  erown  is  founded  on  the  eon>titutional 
privileges  and  higii  powers  with  which  it  is  invested;  my  veneration  for 
my  sovereign  is  evoked  by  her  virtues.  In  Fngland  the  people  look  wp 
to  the  peerage,  as  the  basement  and  shaft  of  the  i>illar  may  be  said  to 
look  up  to  the  capital,  with  a  consciousness  of  strength  which  tempers 
jidmiralion  for  the  ornaments  they  sustain. 

JJiit,  >ir,  1  was  surprised  to  hear  the  learned  gentleman  claiming  for 
one  nobleman  all  deference  and  respect,  while  tr;imi)ling  upon  the 
memory  of  another.  Lord  Durham,  he  tells  us,  '•  was  no  statesman." 
May  we  not  ask  him,  as  the  Yankee  asked  Sam  Slick,  "  "Who  made  you 
a  judge?"  For  really  we  have  never  seen  any  exhibitions  of  states- 
manship that  would  entitle  the  learned  member  for  Hants  to  set  himself 
up  for  an  authority.  lie  compared  me  to  an  owl:  in  his  own  county 
the  learned  gentleman  goes  by  the  soubriquet  of '•  the  stately  bird ; " 
but  of  this  I  am  sure,  that  wherever  the  government  carcase  is,  there 
will  he  be  found.  AVhen  he  assailed  Lord  Durham,  he  reminded  me  of 
the  clown  in  Hamlet  knocking  about  Yorick's  bones  —  or  of  that  long- 
cared  (juatlruped,  who  is  said  to  have  kicked  a  lion  when  he  was  dead. 
Lord  Durham  no  statesman !  AVhy,  sir,  there  is  one  single  conception 
of  that  great  man's  mind  —  the  railroad  from  Halifax  to  Quebec  —  with 
■which  Noi'th  America  rings  at  this  very  lioui',  which  has  called  up 
visions  before  the  eyes  of  the  leai'ned  Attorney  General,  and  which, 
once  realized,  will  supply  to  these  Colonies  the  vertebrae  by  which  their 
strength  and  proportions  will  be  preserved.  Sir,  such  sages  as  the 
learned  member  from  Hants  may  alfect  to  sneer  at  men  like  l^urham 
and  Sydenham,  because  they  are  dead,  and  have  nothing  to  bestow ;  but 
let  him  remember  that 


i,ii, 


P 


"  Tlifv  novor  die  who  fall  in  a  good  cause," 

and  let  him  be  assured  that  successive  generations  of  North  Americans 
will  bend  over  the  tomI)s  of  the?e  noblemen  with  veneration  and  respect; 
and  that  from  the  spots  where  they  repose  will  come  an  emanation  of  light, 
and  sweet  savor  of  liberty,  cheering  to  the  eye  and  grateful  to  the  sense, 
long  after  the  principles  tliey  i)ropounded  have  laid  the  foundations  of 
rational  freedom  broad  and  deep  within  the  noble  Provinces  which  their 
statesmanship  saved  to  the  liritish  crown.      The  learned  member  tells 


J  I 


I    \ 


n\ 


t  and  soul  a 
(I  Fctx,  and 
juul  Frcsli- 
c  of  the  old 
saw  it  on  a 
oM-titiitional 
■iioratioii  for 
L)|)k'  look  up 
ly  be  .said  to 
ich  tempers 

claiuiing  for 
<f    upon    the 
■itatesman." 
Iio  made  you 
ins  of  statcs- 
)  set  himself 
;  own  county 
ately  bird ; " 
ISC   is,  there 
iaded  me  of 
of  that  long- 
c  was  dead, 
e  conception 
lebee  —  with 
as  called  up 
and  which, 
which  their 
ages  as  the 
ke   13m-hani 
bestow;  but 


Americans 
and  respect; 
it  ion  of  light, 
to  the  sense, 
undations  of 
;  which  their 
iiember  tells 


PERSONAL   DISPATCHES. 


527 


US  "we  are  not  ripe  for  this  system ;"  but  I  believe  that  he  would  rather 
see  Nova  Scotians  rotten  than  ri[)e.  [Mr.  Howe  here  discussed  the 
right  of  consultation,  the  independence  of  the  Governor,  the  unre- 
strained action  o*'  Imperial  departments,  and  the  security  fm-  Imi)erial 
interests,  provided  by  the  new  system,  and  ever  respected  by  the  op))osi- 
tion.  He  showed  that  the  self-government  claimed  her<',  was  ]u'rleclly 
compatible  with  the  perpetuity  of  the  connection.]  Tlu;  learned  gen- 
tleman tells  us  self-govermncnt  will  terminate  our  allegiance ;  I  tell  him 
it  will  preserve  it.  Cato  required  his  wife  to  suckle  the  children  of  his 
servants,  that  they  might  become  more  attached  to  the  family ;  and  I 
say,  let  us  suck  liberty,  that  we  may  love  England.  Though  my  orni- 
thological researches  may  not  have  been  so  extensive  as  those  of  the 
learned  gentleman,  I  have  read  of  an  eagle  that,  stealing  ilesh  from  the 
Altar  of  Sacrifice,  carried  with  it  a  live  coal  that  destroyed  its  own  nest. 
The  Tories  of  North  America  may  seek  to  carry  away  the  old  forms  of 
government  from  the  shrines  where  they  have  been  de\oted  for  the  puri- 
fication of  the  people,  but  let  them  beware  that  successful  sacrilege 
draws  not  down  the  anger  of  the  gods,  and  dooms  them  to  political  de- 
struction. 

On  the  21st  of  February,  the  unseemly  personal  warfare 
which  Lord  Falkland  had  provoked,  and  carried  on  for  two 
years,  in  open  violation  of  the  decorum  and  the  securities  of 
public  life,  reached  a  climax. 

The  project  of  uniting  the  British  North  American  Provinces 
by  a  railroad  from  Halifax  to  CJ,ueb(>e,  was  first  announced  in 
Lord  Durliam's  report.  The  policy  and  practicability  of  this 
enterprise  had  been  discussed  in  all  the  provinces  for  several 
years.  Meetings  had  been  held  and  committees  formed  to  pro- 
mote it.  Mr.  (ieorge  R.  Young  took  a  deep  interest  in  the  sub- 
ject, and,  being  in  England  in  1845,  had  associated  himself  with 
certain  persons  who  were,  or  professed  to  be,  ready  to  form 
companies  to  open  not  only  th(!  intercolonial  road,  but  the  road 
to  Windsor  also.  Prospectuses  were  published  which  led  to  a 
good  deal  of  discussion.  Mr.  Young,  and  his  brother  the 
Speaker,  were  rather  conspicuous  members  of  the  opposition. 
They  had  been  appointed  solicitors  to  the  English  company, 
and  their  conduct,  and  that  of  tiu'.  promoters  of  the  scheme,  had 
been  severely  handled  in  the  organ  of  the  Provincial  govern- 


■!'■»■ 


ii  i' 


M 


ii    l: 


528 


PERSONAL  DISPATCHES. 


'■'    1  f. 


m'4 


I    - 1 


mcnt.  Of  this  nol)C)cly  complained ;  nor  would  any  body  have 
complained  had  any  member  of  the  administration,  hi  his  place 
in  Parliament,  attacked  the  Messrs.  Young,  or  tlie  persons  with 
whom  their  names  had  been  associated.  But,  to  the  astonish- 
ment of  everybody,  a  dispatcii,  with  Lord  Falkland's  name  at- 
tached to  it,  was  brought  down  and  read  before  the  Speaker's 
face,  in  which  his  own  name  and  that  of  his  brother  were  re- 
peatedly mentioned,  and  in  which  Ihey  were  held  up  to  condem- 
naiion  as  tlu;  associates  of  "reckless"  and  "insolvent"  men. 

The  Speaker's  feelings  on  hearing  such  a  dispatch,  read  in 
his  hearing,  before  the  House  over  which  he  ])residcd,  may  be 
imagined;  but  he  was  in  the  chair,  and  for  the  moment  power- 
less. His  brother  was  apparently  stunned  by  the  blow,  and 
everybody  else  seemed  bewildered  by  the  extraordinary  specta- 
cle which  the  House  presented. 

Mr.  Howe  saw  at  once  that  if  a  Governor,  subject  to  none 
of  the  ordinary  restraints  of  publication,  could  weave  into  dis- 
patches the  names  of  genllemen  whom  he  did  not  like,  coupled 
with  injurious  imputations  and  insults,  and  then  send  these 
jiapers  down  to  be  read  to  the  Legislature  and  published  over 
the  Province,  any  man's  feelings  might  be  outraged,  and  any 
man's  character  hopelessly  stained.  There  was  no  remedy,  le- 
gal, parliamentary,  or  personal,  for  such  a  state  of  things.  It 
had  never  been  imagined,  and  had  of  course  not  been  provided 
for.  He  had,  hitherto,  evinced  great  good  iuimor,  although  spirit 
and  independence  enough,  in  fighting  his  own  battles.  But  here 
his  friends  were  assailed.  The  (Jovcrnor  had  smitten  the 
Speaker  (with  whom  he  was  bound  by  all  our  usag(\s  to  be 
upon  terms  of  respectful  courtesy),  in  his  chair,  before  the  whole 
House.  There  was  no  such  case  to  be  found  in  Hatsell,  or  on 
our  journals.  Mr.  Howe  saw  at  a  glance  that  Lord  Falkland 
was  pursuing  a  course  that  must  degrade  the  Legislature,  and 
lead  to  personal  collisions.  He  di^termined  to  check  him,  and 
did  it  so  brusquely  that  his  warmest  friends  were  for  the  moment 
startled,  and  thought  he  had  gone  too  far.  The  l)est  proof, 
however,  of  the  correctness  of  his  judgment,  is  to  be  found  in 
the  fact,  that  no  such  liberty  has  ever  been  talani  by  a  Governor 
with  any  gentleman's  character ;  or,  at  all  events,  no  such  dis- 


■fel 


MR.   HOWE'S   RETORT. 


52U 


patch  has  ever  boon  since  brought  down.  The.  few  words  de- 
livered on  this  occasion,  h;ive  so  often  been  mirJreported  that 
they  sliould  bo  preserved :  — 

Mr.  IIowc  said  that  lie  should  but  ill  discharge  his  duty  to  the  House, 
or  to  the  country,  if  he  did  not,  ou  the  instant,  enter  his  ])rotcst  against 
the  infamous  system  pursued  (a  system  of  Avhich  he  could  speak  more 
freely,  now  that  the  case  was  not  his  own),  by  which  the  names  of  re- 
spectable Colonists  were  libelled  in  disi)atches,  sent  to  the  Colonial  of- 
fice, to  be  afterwards  published  here,  and  by  which  any  brand  or  stigma 
might  be  placed  upon  them  without  their  having  any  means  of  redress. 
If  that  system  was  continued,  some  Colonist  would,  by  and  by,  or  he 
was  much  mistaken,  hire  a  black  fellow  to  horsewhip  a  Lieutenant  Gov- 
ernor. 

Groat  excitement  was  created  by  this  speech.  Questions  of 
or- T  were  raised,  but  nobody  had  taken  down  the  word.^.  A 
vote  of  censure  was  passed  l)y  the  governniejit  majority,  and 
Mr.  Howe  addressed  a  letter*  in  justification  of  himself  to  his 
constituents.  It  is  impossible  to  read  this  letter  without  appre- 
ciating the  dexterity  and  courage  with  which,  at  this  period,  ho 
fac'd  a  hostile  majority,  for  the  establishment  of  principle's  which 
no  man  now,  in  any  of  the  Provinces,  pretends  to  question. 

The  impression  made  by  this  dispatch  on  the  Speaker's  own 
mind,  may  be  gathered  from  the  opening  passage  of  a  letter 
Vvdiich  he  about  this  time  addressed  to  the  freeholders  of  Inver- 
ness :  — 

It  would  be  difficult  to  express  the  indignation  tliis  dispatch  excited 
in  my  bosom,  when  it  was  first  read,  —  a  feeling  which  was  [)articipated 
in  by  my  political  opponents  as  well  as  friends ;  for  I  am  satisfied  that 
with  the  exception  of  a  very  few  of  the  extreme  supporters  of  the  gov- 
ernment, the  impression  in  the  Assembly  is  common  to  all  parties,  that 
this  mode  of  assault  on  public  men,  l)y  or  through  a  Lieutenant  Gover- 
nor, while  it  is  new  in  Colonial  history,  is  unfair  and  oi)pressive  to  the 
subject,  and  places  the  (Queen's  representative  in  a  position  alike  uncon- 
stitutional and  dangerous. 

Besides  the  letter  to  his  constituents,  j\L'.  Howe  found  it  ne- 

*  Seo  second  volume. 
45 


■KV 


if 
■  '        i<l 


m 


-^^t; 


*|. 


■%'    '" 


530 


ARRIVAL    OF   SIR   JOHN    IIARVKY. 


i    I- 


f'  r 


cessary,  in  solf  (Icfciiec,  to  address  two  letters  1o  Lord  Falkland 
in  the  course  of  this  spring.  They  are  eharaeteristic;  of  the 
man  and  of  the  })eriod,  and  will  be  fovuid  in  the  second 
volume. 

Mr.  Archibald  died  in  January.  On  the  4lh  of  \\y:i\  ]\Ir. 
Stewart  was  appointed  Master  of  the  Rolls,  and  I\Ir.  Wilkins 
accepted  the  vacant  seat  in  the  Cabinet.  Ent  Lord  Falkland's 
troubled  reign  was  drawing  to  a  close.  In  May  it  was  currenlly 
reported  that  his  stay  would  l)e  short.  No  hnee  was  held  on 
the  Ciueen's  birthday.  On  the  1st  of  August  he  left  the 
Province,  and  his  valuable  services  were  transferred  to  Bombay. 
Sir  John  Harvey  arrived  on  the  11th,  and  his  presence,  without 
exactly  overcoming  the  political  horizon  '"like  a  sunnner  cloud," 
dillused  a  general  feeling  of  serenity,  and  confidence  in  a  return 
to  good  manners,  to  which  the  Province  for  some  years  had 
been  a  stranger.  Everybody  felt  that  even  if  Sir  John  did  not 
do  just  what  -./as  desired,  he  would  conduct  himself  like  a 
gentleman,  and  soften  the  asperities  of  j)ublic  life  l)y  a  genial 
and  courteous  spirit.  Society  began  to  reorganize  from  the 
moment  that  Lord  Falkland  dei)arled,  and  j)ublic  men  began 
to  lose  faith  in  the  vit)lent  personal  animosities  which  his 
+rou])led  rule  had  enir«'ndered. 

In  the  course  of  the  autumn  an  oiler  of  a  coalition  was 
made  to  the  opposition,  which  w^as  to  have  included  ]\Ir. 
Howe;  but  it  came  too  late.  Tlu^  li[)erals  were  too  conlident 
of  the  ground  they  had  won  to  be  tempted  l)y  thos<^  who  now 
had  only  hollow  friendship  and  a  frail  tenure  of  power  to  oiler. 
Anticij)ating  the  results  of  the  elections,  come  when  they  Uiight, 
they  were  determined  to  bid(;  their  ilme.  Mr.  Howe  made  a 
tour  to  the  eastward  before  the  winter  came,  being  compli- 
mented with  public  dinners  at  Guysbort)ugh,  Antigonish,  and 
Merrigomish,  and  addressing  to  the  y(>omanry  at  these  and  other 
places  s])irit-stirring  arguments  upon  the  state  of  public  aflairs. 

Lord  Elgin  was  about  this  time  gazetted  as  Governor 
General  of    Canada. 

In  the  autum  of  1840,  Mr.  IIowi;  addressed  two  letters  to 
Lord  John  Russell,  which  were  published  lirst  in  j)amphlet  form, 
and  afterwards  reprinted  in  the  leading  newspapers  of  British 


■■151.1*1*  >.  I'     I 

]ffi':/|!|: 


(I  Falkluiul 
istk',  of  the 
the  i^i'coiicl 

■  Ai)vil   Mr. 
,Ir.  WilUius 
.  Falkliuurs 
as  cimvully 
^as  held  on 
he   h'ft  the 
to  Bombay, 
ice,  without 
imer  cUiud," 
1^  ill  a  return 
'  years  had 
fohii  did  not 
nself  like  a 

by  a  genial 
ze  from  tlie 

men  ])egaii 
i  which    liis 

lalition  was 
icluded  Mr. 
)o  coniideiit 
s(^  who  now 
»\ver  to  oiler. 

they  might, 
owe  made  a 
'ing  compli- 
igonish,  and 

r<(^  and  other 
ublic  affairs. 
IS    Governor 

^o  letters  to 
mi)hlet  form, 
rs  of  British 


LETTEHS   TO    LOrO   JOHN  RUSSELL. 


531 


America.  Tlu'y  were  universally  read  at  the  time,  and  wc 
tlunk  that  they  will  be  read  now  with  even  greater  interest,  for 
every  day's  exiierience  j)n»ves  the  sagacity  and  shrewdness  with 
which  the  true  sources  of  weakness  in  this  great  empire  were 
indicated,  and  the  genial  spirit  of  patriotic  boldness  with  which 
simple  remedies  were  sought  to  be  applied. 

In  1839  Mr.  Howe  had  written  his  letters  to  Lord  John 
Russell  on  rcsj)onsible  government.  In  1846  he  justifies  the 
adoption  of  that  system  by  tlu^  fruits  of  seven  years  e\i)erience. 
In  the  seven  previous  years  there  had  been  "annual  bills  of 
indictment"  sent  from  the  different  Provinces  in  the  form  of 
adtb'csses  to  the  crown.  Delegations  to  England  with  l)udgcts 
of  Colonial  grievances,  and  two  armed  insurrections  in  the 
Canadas,  costing  four  millions  sterling.  Since  the  adoption 
of  "  the  new  and  improved  principles  of  internal  administra- 
tion" there  had  been  neither  addresses,  delegations,  insurrections, 
or  expense  to  the  imperial  treasury.  "  Grievances  have  ])eeii 
removed  l)y  the;  circumauioient  pressure  of  r(>sponsibility  upon 
the  executive  heads  of  departments  and  ofhcers  of  government, 
or  where  it  was  inconvenient  to  rciuovc  them,  the  storms  occa- 
sioned by  their  continuance  liave  burst  over  the  heads  of  thcj^e 
whose  folly  or  cupidity  evoked  them  —  their  far-o ft' murmurs 
only  being  heard  amidst  the  unwonted  tran([uility  of  Downing 
street." 

So  far  all  was  well ;  and  it  will  be  seen  that  Mr.  Howe's 
main  obje:-t,  in  his  first  letter,  was  to  reassure  Lord  John  Rus- 
sell, and  satisfy  him  that  the  new  Constitution  had  worked 
successfully  and  ought  not  to  be  disturbed. 

But  these  seven  years  of  experience,  as  well  as  many  pre- 
vious years  of  personal  observation  and  thoughtful  study  of 
Colonial  history  at  all  periods  and  in  all  parts  of  the  empire,  had 
taught  Mr.  Ilowe  that  good   Governors  were  indispensable  to 


)OC 


the  safe  working  of  any  system.  To  insure  a  supply  of  g( 
ones  he  recommends  that  they  shall  be  drawn  from  the  whole 
empire,  not  from  the  i)0[)ulation  of  two  small  islands,  and  that 
those  who  misgovern  British  Provinces  shall  be  pnnished,  or  at 
least  shall  not  be  ])r();uot(Hl.  It  is  impossible  to  read  parts  of 
this  first  letter  without  smiling  at  the  delicate  irony  which  runs 


'  i       . 
1 


1 


I 


It 


/r 


\  I 


m 


532 


MISMANAGEMENT  OP  COLONIES. 


I  )*; 


5- 


through  general  illustrations,  and  to  which  his  own  personal 
conllicts  tempt  us,  even  now,  to  give  a  personal  application. 
There  was  no  administrative  reform  society,  no  Bengal  insur- 
rection, in  184(3.  Yet,  mark  the  boldness  with  which  Mr.  Howe 
denounced  the  errors  of  our  past  administrations,  and  demanded 
that  in  future  more  discrimination  and  wisdom  should  be 
displayed. 

When  wo  I'cad  of  llie  hnpunity  "vvhlcli  Roman  pro-consuls  ]Hircliascd 
in  the  capital  for  mal-administration  in  the  Provinces,  we  cease  to  won- 
der at  the  disorders  thoy  provoked  ;  or  that  the  local  liumors,  suffered 
without  attention  to  irritate  the  extremities,  by  a  geometric  scale  of  ret- 
ribution, in  wliicli  the  velocity  of  the  approach  was  regulated  by  the 
square  of  the  iniiiuily,  paralyzed  and  corrupted  the  lieart.  The  ingenuous 
youth  of  England,  who  pore  over  their  classics  at  Eton  and  at  Oxford, 
should  be  taught  to  feel  that  the  errors  Avhicli  ruined  Home,  Great 
Britain  has  determined  to  avoid  ;  that  the  point  upon  Avhich  she  is  pecu- 
liarly sensitive,  jealous,  and  slow  to  forgive,  is  the  misgovernment  of  one 
of  her  Provinces,  however  feeble  or  remote.  The  very  opposite  belief 
is  fostered  by  the  facts  which  our  Colonial  experience  has  accumulated. 
Many  Governors  have  ruled  these  North  American  Provinces  since  the 
revolutionary  war,  and  the  aggregate  of  their  virtues  and  capacities, 
the*  result  of  their  labors,  was  vividly  described  in  Lord  Durham's  report. 
Some  able  and  excellent  men  we  certai  y  have  had  ;  but  not  a  few,  who 
were  strangely  deficient  in  those  qualities  which  command  respect,  commu- 
nicate energy,  and  secure  the  affections  of  a  free  people.  There  have 
been  gradations  of  merit  a3  of  rank ;  but  from  the  individuals  who  had 
scarcely  genius  sufficient  to  write  a  simple  dispatch,  to  the  foremost  file 
of  able  and  entin-prising  statesmen,  one  common  destiny  has  awaited 
them  all  —  impunity,  patronage,  promotion.  With  the  exception  of  Sir 
George  Prevost  (a  most  amiable  man,  but  one  who,  in  exciting  times, 
committed  some  military  mistakes),  not  one  was  ever  censured  or  dis- 
graced, rurther  promotion  may  have  been  declined  by  some,  from  in- 
creasing years  and  infirmities;  or  may  have  been  denied  to  others,  who 
wanted  a  patron  ;  but  I  cannot  discover  that  the  grossest  inca])acity,  the 
most  palpable  bli^ulers,  or  the  execration  and  ridicule  of  a  whole  mis- 
governed Province,  ever  insured  executive  censure  at  home,  or  presented 
a  barrier  to  further  promotion.  The  evils  and  the  injuries  which  fiowed 
from  such  a  system  North  America  has  endured ;  but,  in  her  name,  my 
Loril,  I  think  I  may  be  pardoned  for  desiring  that  it  shall  have  an  end. 
You  tiy,  by  court  martial,  the  officer  who  runs  his  ship  upon  a  rock. 


li' 


'ih\ 


ORGANIZATION   OF  THE   EMPirE. 


r)33 


ipou  a  rock. 


IJyng  wa^  shot  for  i\  (Icliciciicy  of  cniiriiL'"'  or  of  condiu't ;  and  a  jrallant 
n'jfiini'iit  I)iit  irc('iit!y  trciMliIcd  flu-  its  wcll-eanicd  honors  Ix'caiisc  it  was 
supposed  to  have  wavcri'd  flu*  an  instant  on  the  litdil  of  earnaiie.  Surely 
my  Lord,  it  is  not  too  much  to  ask  for  some  such  security  against  inisgov- 
enuncnt  ;  ior  jealous  watchfulness  and  patient  investigation,  where  there 
have  been  violations  of  |>rin('iple,  or  deviations  from  constitutional  usage; 
and  if  with  tenderness  for  Iinnian  frailly,  we  seek  no  higiier  punishment, 
ut  least  there  should  he  a  bar  to  further  promotion.  A  few  exam[)les 
would  produce  a  salutary  ctlcet,  create  a  higher  standard  of  enleri)rise 
and  ability,  and  infuse  universal  confidence  in  their  Luperhil  rulers 
among  our  transatlantic  population. 

Ill  his  second  It'ttcr,  ]\Ir  IIowo  entered  upon  u  field  of  more 
extent,  and  of  u  higher  ei(>vu*ion,  llian  tiny  which  he  had  pre- 
viously essayed  io  tread.  Hitherto  his  mind  liad  been  directed, 
almost  entirely,  and  with  an  intensily  of  application  that 
excluded  other  topics,  to  the  internal  administration  of  Colonial 
government.  All  Ihat  he  had  ct)n1  ended  lor  as  indispensable, 
within  the  limited  range  of  each  separate  Province,  had  been 
cither  secured  and  consolidated,  or  was  so  perfeclly  within 
reach,  that  he  could  atlbrd  to  look  abroad  over  the  whoh;  em- 
pire, and  sec  in  what  condition  were  those  mutual  relations  of 
each  Colony  with  every  other,  and  of  the  whole  with  the 
United  Kingdom,  ui)on  which  depend  their  thorough  organiza- 
tion, cohesion  and  power,  in  all  time  to  come. 

It  is  impossible  to  read  this  second  letter  now,  without  re- 
spect for  the  patriotism  and  foresight  with  which,  long  before 
the  Crimean  expedition  and  the  Indian  insurrections,  the  utter 
absence  of  all  retd  coiiperation,  in  peace  and  war,  b(?tween  the 
central  states  and  distant  jn-ovinces  of  the  empire,  was  fore- 
shadowed. It  is  diflicult  to  do  justice  to  the  sagacity  of  the 
statesman,  who,  in  184G,  traced  our  weakness  as  an  i>mpirc  to 
defects  in  our  organization,  which  every  day's  experience  ren- 
ders more  apparent.  "  The  time  is  fast  approaching,"  stiid  Mr. 
Howe  in  1846,  "  or  I  am  much  mistaken,  when  Englishmen 
will  considc^r  it  as  disgraceful  to  sell  a  commission  in  the  army 
as  they  would  to  sell  a  s(>at  upon  the  bench ;  when  merit,  and 
not  interest,  will  be  the  rule  in  both  services,  and  when,  having 
ceased  to  eat  dear  bread  for  the  benefit  of  a  few,  they  wu    not 

45* 


,i  -   l| 


'f  , 


)34 


COLONIAL  REGIMENTS. 


1^1 

jlill 

f 

If 

,t 

t 


vote  heavy  army  and  navy  rstimatci?,  without  the  great  body 
of  the  i^'ople  an;  IVeely  admitted  to  an  ecinal  ])arti('i|)atioii  in 
the  patronage  and  promotion  maintained  by  their  expenditure." 
Let  it  not  bi^  forgotten  that,  in  1846,  Mr.  Howe  suggested 
that  Colonial  reginient.s  should  be  raised,  and  that  the  want  of 
them  in  1855,  and  again  in  1857,  was  painfully  apparent. 
After  shoving  how  the  Highlanders  of  Heotland  were  attaehed 
to  England  by  the  poliey  of  Chatham,  he  thus  counsels  the 
):)rime  minister:  — 

Now,  my  Lord,  try  sonic  such  experiment  in  North  America.  Rjiise 
two  or  tliric  regiments ;  tniin  Colonists  to  command  them  ;  let  it  be  un- 
derstood lliiU,  in  tliose  corps,  merit  only  leads  to  ])romotion  ;  and  give 
them,  in  name,  or  dress,  or  banner,  something  to  mai'k  the  Province 
■whence  tlicy  come.  Try  a  frigate  or  two  on  the  same  princiijle;  call  one 
of  them  The  Nova  Scotia;  man  her  witli  the  hardy  fishermen  who  line 
our  sea  coast,  and  hoist  the  Mayflower  beneath  the  Union  Jack  when 
she  goes  into  action.  Those  regiments  may  flinch  in  the  hour  of  trial, 
but  no  man  who  reads  this  letter,  from  Fundy  to  Michigan,  will  believe 
it ;  that  ship  may  sink,  but  there  is  not  a  Nova  Scotian  who  would  not 
rather  go  down  in  her,  than  have  her  Hag  disgraced.  From  the  heads 
of  those  regiments,  and  the  quarter  decks  of  those  ,-lii[)s,  the  liery  spirits 
of  North  America  would  pass,  if  they  were  worthy,  into  the  higher 
grades  of  both  services.  They  would  be  to  us  what  the  Academy  of 
West  Point  is  to  the  youth  of  republican  America,  —  schools  of  instruction 
and  discipline ;  and  then  we  should  be  prepared,  not  to  envy  our  neigh- 
bors, but  to  meet  them  on  the  frontier,  or  on  the  coast,  Avlien  the  meteor 
flag  of  England  was  unfurled. 

These;  and  other  kindred  topics  will  be  found,  from  this 
period,  touched  incidentally,  or  treated  more  at  large,  either  in 
]Mr,  Howe's  correspondence  with  Earl  Grey,  in  his  speech  at 
Southampton  in  1851,  his  speech  to  the  Legislature  in  1854, 
or  in  his  correspondence  with  Mr.  Ilincks  in  the  following 
year.  We  give  the  letters  to  Lord  John  Russell  entire  in  the 
second  volume. 

These  letters  w^erc  highly  praised  in  various  quarters,  al- 
though upon  the  practicability  or  policy  of  representation  in 
the  Imperial  Parliament,  there  wa're,  and  still  are,  great  differ- 
ences of  opinion.     Among  the  notices  of  them  that  appeared, 


Tcat  body 
:i  put  ion  in 
x-nditurc." 
suggested 
ic  want  of 
apparont. 
V.  attaclied 
unscls  the 


rica.     Raise 
let  it  be  ua- 
m ;  and  give 
lie  Province 
pie;  call  one 
len  who  line 
I  Jack  when 
loiM"  of  trial, 
will  believe 
10  would  not 
m  the  heads 
licry  spirits 
the    higher 
Academy  of 
i)f  instruction 
y  our  neigh- 
n  the  meteor 


from  this 
^e,  either  in 

speech  at 
re   in  1854, 

following 
itire  in  the 


luarters,  al- 
entation  in 
great  differ- 
t  appeared, 


;  || 


ARRIVAL   OF    LOUD    ELGIN. 


535 


\vc  extract  one,  which  is  as  lionorable  to  the  gentleman  by 
whom  it  was  penned  as  it  was  gratifying  1o  him  of  whom  it 
was  written.  Dr.  liarth'tt,  of  Tlie  New  York  All)ion,  liad 
usually  sympatliized  with  tlu;  old  compact  parties,  and  had  con- 
.seqm'utly  distrusted  tlu;  prudei'ce  of  ]Mr.  Howe's  g(Mieral  views 
The  second  letter  won  from  him  an  expri'ssion  of  <'nlire  a|)pro- 
bation.  Of  the  jilan  developed  in  it  he  says:  '"As  a  great 
measure,  or  great  experiment,  we  prefer  it  infinitely  to  a  gen- 
eral union  or  confederation  of  the  'Provinces,  now  so  much 
agitated;  and  mainly  because  Mr.  jlowe's  plan,  taken  as  a 
wiiole,  would  liave  a  tendcjicy  to  amalgamate  the  Colonies 
witii  England,  to  transfuse;  the  blood  of  the  young  with  that 
of  the  old,  and  to  make  both  one  corporate  antl  uniform  body, 
resplendent  with  strength,  beauty,  and  perfection.'' 

If  he  were  writing  these  letters  now,  with  what  exultation 
could  Mr.  Ilowe  point  to  the  eleven  years  of  experience  of 
responsible  government  which  we  have  gathered  since  184G. 
In  all  that  time,  though  we  hav(;  had  thi;  public  mind  agitated 
by  party  conllicts  in  all  tlu;  North  American  Provinces,  no 
question  has  arisen  to  disturb  the  harmony  whicii  it  is  so  essen- 
tial to  preserve  in  our  relations  with  the  mother  country. 
However  tried  and  tested  by  human  passion,  folly,  ambition,  or 
ignorance,  the  new  Constitutions  have  proved  ecpial  to  the 
strain;  and  a  Colonial  statesman,  who  caimot  acquire  or  retain 
the  position  to  which  he  thinks  he  is  entitled  in  his  own  Prov- 
ince, never  dreams  of  setting  it  in  a  llame  of  disaH'cclion,  that 
his  eggs  may  be  roasted.  Even  the  outbreak  at  Montri'al  arose 
out  of  a  purely  Colonial  (luestion  —  the  appropriation,  by  its 
own  Legislature,  of  the  monies  of  Canada,  and  with  which 
the  mother  country  had  really  nothing  to  do. 

The  session  of  1847  opened  on  the  :21st  of  .January.  Lord 
Elgin  arrived  in  Halifax,  on  his  way  to  Canada,  on  the  ;25th. 
An  amusing  incident  grew  otit  of  the  Governor  General's  visit, 
cii  ])assant.  The  Solicitor  General  moved  a  complimentary 
in  the  lower  House.     Mr.  Howe  rose,  and  aporoviiiif 


addi 


of  the  suggestion,  as?  quite  in  accordance  with  the  usual  prac- 
tice, and  imposing  an  agreeable  duty,  from  the  high  character 
of  the  Earl  of  Elgin,  and  the  success  he  had  achieved  elsewhere, 


ill' 


H 


■'[•  11 


if 


.1 


53G 


OVKRTUnra    F1!0M  THE  GOVERNMENT. 


'i\. 


§.'  '■ 


aj)i)r(»V('(l  of  ;>ii  address  dm  iiiiotlicr  i^Toiiiid;  hccnusc,  as  the 
I'^arl  was  nearly  {•oiiiiected  with  \ho,  I'ainily  of  the  late  Karl 
of  Durham,  it.  \vi)iiUI  i^ivc  to  thi;  lloviso  an  opportunity  of  })ay« 
ing  to  his  memory  the  tribute  of  respeet  and  achniralion  which 
that  himented  nobh-man  had  earned  by  his  imj)erishabh'  report. 
The  a<hninistration  were  exeessively  embarrassed  by  this  sug- 
gestion. One  after  anotht'r,  the  members  and  suppt)rters  of 
government  rost;  and  protested  against  any  allusion  to  Lord 
Durham  ;  and  one  after  another,  the  members  of  opposition 
declared  that  a  compliment  to  His  Lordshi[)'H  memory,  clear 
and  luiequivocal,  should  bo  an  essential  element  of  any  address 
presented  on  such  an  occasit)n.  "  When,"  said  Mr.  Howe, 
"  You  address  the  Ciueen,  you  always  allude  to  Iler  Majesty's 
father,  who  lifcd  in  Nova  Scotia.  Why  not  allude  to  Lady 
Elgin's  father,  who  savcfl  North  America?" 

The  government  at  last  gave*  way,  and  Lord  Durham's  ser- 
vices were  recognized  in  a  passage  of  the  address,  which  was 
prettily  acknowledged  in  the  reply :  — 

"Your  kind  allusion,  gontlemtMi  of  the  Assembly,  to  my  connection, 
by  marriagi',  willi  the  family  of  llio  late  Earl  of  Durham,  has  deeply  af- 
fected me.  That  his  memory  should  l)e  held  in  ;^rateful  remembrance 
by  you  is  a  further  iiidueement  for  me  to  labor  zealously  iu  your  service, 
and  will  prove  an  eneouraifement,  under  any  ditliculties  or  trials  which  I 
may  encounter  in  the  discharge  of  my  duty." 

Early  in  the  session,  a  series  of  documents  were  asked  for 
and  brought  down,  comiected  with  the  abortive  attempt  made 
iu  the  autumn  to  form  a  coalition.  Others  were  asked  for,  and 
not  being  furnish(>d,  were  read  by  members  of  the  oj)position 
in  their  places.  These  documents  are  voluminous.  AYe  have 
not  room  for  them,  either  in  the  body  of  this  work  or  in  the 
appendix.  Those  who  think  them  worth  a  reference,  will  iind 
them  on  the  .Journals.  What  the  gentlemen,  who  had  been 
driven  into  opposition  and  proscribed  for  three  years,  thought 
of  the  overtiu'cs  made  to  them,  will  be  gathered  from  the  paper 
below,  in  w'hich  jMr.  Howe's  condensed  style,  and  perhaps  some 
bittt'rness  of  feeling,  natural  under  the  circumstances,  will  be 
readily  traced :  — 


REPLY  TO   SlU  JOHN    IIARVKY. 


r.37 


'c  asked  for 


I/iifilh.r,  JJrmn/xr  17,  ISlC. 

IMay  it  ri.r.Asi;  Voru  l']\(  ri.i.i  ncv, —  We  Imvc  ;,'iv<M»  to  the 
papers,  liaiidi  (I  to  ilic  Spiiikcr  and  Mr.  Howe,  on  Monday  last,  the  <jrravo 
consideration  to  wliidi  any  eoniinnniealions,  eoniint:  llM'oii;.di  or  from 
the  lieail  of  the  ;:oveiMniient,  are  entithd  ;  and  we  now  proceed  todisenss 
their  contents  with  the  I'rankne.-s  which  seems  to  he  expectetl  of  n-,  and 
hi  the  conlideiii  hi  lirf  ilial  Yonr  Mxecllency  de-ires  candor  and  (h-tinct- 
ncss  from  all  llie  parlies  who  havi'  heen  called,  hy  their  piihlic;  positions, 
to  take  part  in  tiii-  inquiry. 

Lest  th(^  mode  ndopled  >hoidd  he  (h'awn  into  precedent,  wc  must  ex- 
press onr  re;,'ret,  thai.  Your  ICxceHency  shonid  have  Itccn  sulvised  to  hiy 
hel'orc  the  ineml)ers  of  oppo-ilion.  the;  connnnnicalions,  oral  and  written, 
whicii  have  passed  hetween  Vonr  Kxcelleney  and  yonr  J']xecntivo 
Council.  These,  we  humbly  conceive,  onLdil  to  he  of  the  nio-t  private} 
and  confith'iitial  nature.  If  a  distinct  i)ropo>ition  is  the  result,  the 
opposition  liave  something  tangihh;  to  deal  with;  hut  they  ought  not  \o 
he  called  upon  to  cr'ilicise  conununications.  out  of  which,  so  far  as  they 
can  i)erceive,  nothing  has  yet  grown,  hut  u  dexterous  evasion  of  a  dear 
and  positive  comnumd. 

Yonr  Ivxcelk'ucy,  in  yom*  address  to  the  Executive  Council,  dated 
2nd  of  December,  calls  upon  them  to  aid  you  in  the  formation  of  a 
"mixed  government,  including  the  taleiUed  and  intlnemial  of  all  jiarties," 
"  to  propose  to  you  the  names  of  the  genth.'men  whom  they  would  rec- 
ommend to  supjdy  the  existing  vacancies  ; "  and  you  informed  them  "  that 
a  fair  distribution  of  olUcial  i)atrouage  (in  which  you  are  ready  to  concur) 
will  necessarily  constitute  the  basis  of  the  proposed  coalition,  or  fusion 
of  parties." 

These  directions  are  clear  and  specific  ;  and  wc  can  perceive  at  once 
the  object  whicli  Your  Excellency  liad  in  view,  ami  reoognizi'  the  means 
by  which  you  proposed  to  arrive  at  it  as  constitutional  and  legitimate. 
We  regret  to  observe  that,  in  no  one  particular,  have  your  requirements 
been  met,  or  your  conuuands  obeyed  ;  and,  hut  for  irrelevant  matti-rs, 
very  improperly  introduced,  we  l'e(d  that  we  might  fairly  decline  to  in- 
terfere, until  Your  Excellency's  instructions  had  been  compli«Ml  with, 
or  the  want  of  ability  or  inclination  to  comply  with  them  had  been  in- 
genuously confessed. 

In  discussing  questions  of  this  nature,  English  precedents  arc  our 
safest  guide.  If  the  Cabinet  at  home  is  weak,  and  a  more  extended  basis 
is  desirable,  the  leader  of  the  government  does  not  wait  to  be  reminded 
of  his  duty  by  the  sovereign,  but  suggests  promptly  the  modus  operandi 
by  which  a  change  should  be  efiected ;  if  new  appointments  are  required, 


!'(: 


'»i 


t 

ii' 


I! 


f 


538 


ni:rLV  to  siw  joiin  iiarvky. 


lio  pmpfwcs  (Ih>  namofi  of  IIkwc  wlm  iiro  williii'.'  to  servo  with  liim  ;  if 
oflici'S  arc  to  Ito  vucati'il.  In-  "(jikrstlif  iuitialivr,"  ami  placts  llirm  at 
tlio  sovcrci^'u's  »li«|i(t«!il.  If  Ih'  (I(  lays  (»r  ni'jrlfctt  tlii>  duly  till  llninally 
callt'd  ii|inii.  he  tlicii  (ihcy-  tlit.'  ('(tinMiainls  wliirh  his  own  iiit'iHirss  lias 
romlcrfd  iiuponitivt' ;  and  ifin!  !■*  iiiiaidc  or  iiiiwilliiii;  li>  ('iiiiiply,  dndcM 
his  ivsijinatioii.  He  <l<ic's  ncit  ti'av(d  out  oI'iIil'  ollii-ial  note,  in  wliitdi  tho 
coinniands  ol"  his  sovcrciffn  an;  ronvcycd,  to  alti'iltnto  to  lun*  »'xpro<sion3 
and  opinions  that  it  docs  not  contain  ;  which  cither  were  or  were  not 
dropped  in  the  royal  closet,  Init  which  Ilcr  Majesty  lias  not  conceived 
it  politic  or  wise  to  throw  out  as  materials  lor  controversy  amonji^  any  por- 
tion of  her  subjects.  It  is  io  he  regretted  that  this  time-honored  pi-actico 
has  not  lieen  adhered  to  l)y  Your  Kxcellency's  advisers.  They  havo 
waited  tia'cc  months  without  discovering  their  weakness,  or  inf'urining 
Your  lOxcellency  that  th(.' Council  was  defective  in  luunbcrs  and  strength. 
'^Vhen  their  attention  is  called  to  tho  fact,  they  profess  adherence  to  a 
principle  which  for  three  years  they  have  violated  in  practice  ;  give 
Your  Kxcellency  the  name  of  one  gentleman  who  is  ready  to  retire, 
bnt  of  none  who  are  willing  to  go  in  ;  attributi;  expressions,  and  seek  to 
extract  opinions,  which  might  embarrass  rather  than  facilitate  the  ar- 
rnngenients  tiiey  profess  to  desire,  by  involving  Your  Excellency  in  tho 
unhappy  controversies  of  the  past ;  and,  in  obedience  to  Your  Excel- 
lency's command,  that  '*nfair  distriljution  of  official  patronage  should 
constitute  the  basis  of  tho  proyiosed  coalition,"  argue  in  favor  of  a  lifo 
tenure  of  ollice,  and  place  the  Solicitor  Generalship  akme  in  your  hands, 
wherewith  to  satisfy  the  claims  of  the  opposition,  and  convince  us  "of 
the  sip'icrity  of  their  professions." 

Such  being  the  mode  in  which  the  gentlemen  from  whom  Your  Ex- 
cellency liad  a  right  to  expect  a  liberal  construction  of  your  appeal,  and 
prompt  obedience  to  your  wishes,  have  oljeyed  your  commands,  avc  might 
be  pardoned  for  declining  to  interfere ;  but  we  are  nductant  to  evade  tho 
main  rpiostions  raised  by  Your  Excellency,  from  any  dislike  to  the  form 
in  which  they  have  been  presented,  or  from  any  desire  to  shrink  from 
the  responsiI)ilities  which  our  positions  impose. 

"We  understand  Your  Excellency  to  desire  to  know  whether  tho 
leaders  of  opposition  will,  at  the  present  moment,  enter  into  a  coalition 
with  five  of  the  six  gentlemen  who  have  signed  the  papers  submitted  to 
us,  accepting  four  seats  at  the  Council  board,  and  the  Solicitor  Gencral- 
phip.  That  Your  Excellency  may  not  suspect  us  of  any  desire  to  mis- 
lead, or  to  create  embarrassment  by  the  concealment  of  our  opinions,  wo 
deem  it  our  duty  to  answer  in  the  negative,  for  the  following,  among 
other  reasons :  — 


m 


niTI-Y  TO  SIR  JOHN   HAIIVKY. 


»30 


licciUMO,  <'V<'ii  if  II  mixi'il,  ov  n  cujilitioii  ^.'DVrniiiu'iil.  wcir,  in  jiiiy 
cnsi!  to  l)(f  tlwtu;^'lit  of,  iirit'i'  the  cxiHTiciict'  wi-  Iimm-  IukI,  tlic  IimiIit- 
sliip  in  one  or  llic  ntliiT  ImmiicIi,  oIiouM  Ij<'  curircii'cil  on  iIk'  lilnial  |i:ii'iy  ; 
a  fair  distril)iitiiiii  (iT  patroiiii;.')' .•'Iiinilil  lie  arriin^cil  at  llir  fiinnaiinn  ;  and 
jil.'lic((  to  all  Ilcr  IMajc-ily'.-*  .-iiltjrcts  he  tin:  nilr  tlicrral'trr.  Tu  a>l»  tin; 
oppo-itioii  —  rnil»rai'in;j;  nearly  Iialf  tlic  IIkU'C,  ami,  a-*  wi'  l>rli(\t',  ii 
va-^l  majority  llir(tn;j;li(pnt  llif  cdnnlry  —  to  >Iiar<'  the  ri'spoii>il>ililii  s  and 
lalxtrs  of  {^((vcrninciii,  luddiii;^  but  oiio  olUt'c  of  Miliordinatc  iniportanci', 
while  till' op|)o-iie  party  were  lel'l  in  po.«s(.'.it,<>ion  of  all  llie  otiier  ollicial 
oniployinents  of  the  I'roviiicc,  siiciirin;^  to  them  the  inlhienee  of  tveiy 
department,  wonM  ln'  I'ar  from  meetiii;^'  onr  ideas  of  e(|iial  jn-llce. 

IJeeaiise,  except  niider  peculiar  eireiim«taii('es,  eoalitioiis  rarely  work 
well.  Jl"  the  uiemhers  aet  in  {^ood  faith,  they  ultimately  furin  one, 
party,  while  another  a^s  surely  arises  to  oppose  them,  with  whom,  if  the 
priiioii)l(j  is  to  be  carried  out,  anijther  coalition  nui-t  he  lijriiied.  The 
experience  of  the  mother  country  is  not  favorabh;  to  such  comliinations ; 
and  the  coalition  in  which  several  of  the  pri'seiil  Conncil  ,-erved,  was 
continually  weakened  by  their  coniliict,and  uliimalely  ,-liatleri'd  Iiy  the  aj)- 
pointment  of  the  senlleman  who  now  professes  his  willingness  to  re,'ij,'ii. 

Because,  though  we  shall  be  at  all  times  ready  to  act  with  gen- 
tlemen with  whom  we  can  agree  on  common  nieasnnvs,  and  in  whoso 
liatriotism  and  discretion  we  condde,  with  the  members  of  the  exi-ting 
Council  wc  can  enter  into  no  political  alliance,  until  the  peui)le  of  Nova 
Scotia  decide  b(!tweeii  them  and  us,  upon  various  matters  drawn  into 
controversy  during  the  ]a?t  three  years.  Though  they  now  di.'sire  to 
mak«'  it  appear  that  there  are  "no  ipiestions  of  public  moment,"  dividing 
parties  in  Nova  Scotia,  they  well  know  that, 

"While  the  liberals  havt;  sought  to  introduce  into  the  Province  the 
system  of  government  suggested  by  Lord  Durham,  and  ,-anctioned  by 
Lord  Sydenham  and  hi.s  successors,  the  conservatives  have  as  steadily 
opi)osed  it,  [u-actically  denying  to  the  people  the  power  which  should 
result  from  the  possession  of  representative  institutions. 

"While  the  liberals  hold  that  jtuldic  olhces  are  public  trusts,  held  by 
the  teniu'c  propoimded  in  Lord  John  Kussell's  dispatches  of  LS3'.I,  and 
recognizinl  by  Your  Kxcollency's  circidar,  addressed  to  the  heads  of  de- 
partments in  New  Brunswick,  the  geiulemen  whose  alliance  we  decline, 
regard  the  posts  which  every  Governor  should  have  in  his  gift,  where- 
with to  strengthen  and  sustain  his  administration,  as  a  species  of  freehold, 
and  broadly  state  that  it  is  utterly  repugnant  to  their  principles  and 
feelings  to  advise  their  surrender  ibr  any  such  j)urpose. 

While  the  members  of  opposition  have  labored  for  years  to  obtain  a 


.  |i 


jylt 


■( 

\'"i 

j 

i 

1 

1   , 

.  I 


\\    ll 


K<.h 


i\  tr- 
ill #.: 


i  m 


540 


REPLY   TO   SIR   JOHN   ITARVEY. 


surrender  ol'ilic  e;i>Mal  iiiid  terrilorial  revenue-;,  on  fair  and  orinifablc  forms, 
tlie  nieniliei's  ofC'ouncil  have  endeavored  ((Mibstruet  them,  by  puljlic  action 
in  llie  Legislatni-c,  and  representations  to  Her  IMajesty's  government. 

Wliih'  tlie  o|)|)osilion  have  desired  to  introdnee  into  the  Legislative 
Conncil,  gentlenn'n  of  talent  and  politieal  inthiene(\  fairly  reflecting  the 
opinions  of  all  parties  in  Nova  Scotia,  the  persons  whose  alliance  they 
decline  have  nsed  ihe  power  they  possessed  to  give  to  the  npper  branch 
II  deeiiledly  partisan  eliaiacter,  by  which  the  efforts  of  any  fair  and  liberal 
government  may  lie  permanently  obstrncted. 

l']ion  these,  and  many  other  points  of  almost  equal  importance,  we 
patiently  and  conlidently  await  the  judgment  of  the  country;  and  are 
reluctant  to  enter  into  any  coalition  witli  those  whos(!  opinions,  upon 
them  all.  we  believe  to  be  unsound,  and  whose  public  conduct  we 
anticipate  a  majority  of  the  constituency  will  condemn. 

We  are  glad  to  j)erceive  that  the  members  of  the  Executive  Council 
decline  taking  the  resjioinibility  of  advi>ing  your  Excellency  to  increase 
the  munbers  at  the  board  to  twelve.  It  would  have  been  strange  if  they 
had  t'oi'gotien  that  such  a  ju'oposition,  suggested  by  themselves  to  Your 
Excellency's  jtredecessor,  was  signally  defeated  in  1811;  and  that  Avhcn 
made  to  the  liberals,  it  was  unanimously  rejected.  On  this  point,  we 
arc  happy  to  find  they  havci  adopted  our  views.  "  By  the  royal  instruc- 
tions," we  are  reminded,  the  ])eo])le  of  Nova  Scotia  are  entitled  to  have 
their  afhiirs  conducted  by  a  Council  of  "nine."  "We  were  afraid  that 
this  fact  had  been  forgotten,  as  those  instructions  have  been  strangely 
violated  for  three  years  ;  the  number  never,  during  that  period,  having 
exceeded  six,  and  sometimes  being  reduced  to  five. 

That  ^Ir.  Almon  should  be  willing  to  resign  his  scat  in  Council  now, 
we  confess  does  surprise  us.  The  reason  given  for  his  elevation  in 
1843,  was  his  "  affinity "  to  the  Attorney  (leneral :  as  the  relationship 
still  exists,  we  presume  that  the  near  approach  of  a  general  election  has 
awakened  the  conviction,  that  the  people  of  this  Province  might  resent  the 
elevation  of  a  person  comparatively  unknown  to  them,  —  who  had  never 
represented  a  constituency  or  won  any  jwrtion  of  their  confidence, — 
over  the  heads  of  all  the  members  of  Ijoth  branches  of  the  Legislature, 
many  of  whom  had  devoted  themselves  faithfully  to  the  public  service 
for  a  series  of  years. 

We  cannot  discover  any  reason  for  attempting  to  raise  a  discussion 
about  "  niunerieal  representation  "  at  the  Council  board,  except  it  be  to 
couple  Your  Ivxcellency's  pioposal  with  the  language  of  one  brought  to 
us  by  Mr.  Dodd  in  18-11,  and  to  create  an  impression  that  some  party  in 
Nova  Scotia  are  pressing  upon  the  Governor  an  idea  too  absurd  for  any- 
body to  entertain. 


REPLY  TO   SIR  JOHN   HARVEY. 


;4i 


m 

1 

litablc  torniP, 
pnljlic  uction 
icrnniont. 
■  Legislative 
■eflc'cting  the 
[illiuncc  they 
ippor  branch 
ir  and  liberal 

ijiortance,  we 

try ;  and  are 

pinion?,  upon 

conduct  we 

utive  Council 
L'y  lo  increase 
trange  if  they 
elves  to  Your 
uid  that  Avlien 
(his  point,  we 
royal  instruc- 
ititled  to  have 
•0  afraid  that 
een  strangely 
)eriod,  having 

Council  now, 
1  elevation  in 
0  relationship 
\1  election  has 
ght  resent  the 
vho  had  never 
confidence, — 
e  Legislature, 
)ublic  service 

J  a  discussion 
xcept  it  be  to 
)ne  brought  to 
some  party  in 
bsurd  for  any- 


With  respect  to  the  mode  in  which  l)usiness  is  transacted  in  (he  cabi- 
net, the  people  of  Nova  Scotia,  like  the  people  of  Lnghuid,  arc  wisely 
indifi'erent.  These  are  matters  of  internal  arrangement  about  which 
any  discussion  is  unnecessary  at  the  present  time.  "Whether  (juestions 
are  decided  by  a  mnjorily  of  \otes,  or  by  the  single  voice  of  the  Queen'?! 
representative,  we  shall  continue  to  hold  those  whom  the  Constitution 
teaches  us  to  assume  liave  been  consulted,  responsible  for  every  exercise 
of  the  prerogative,  and  every  act  done  by  the  government  of  which  they 
arc  members. 

If  disposed  to  trouble  Your  Excellency  with  a  history  of  the  past,  we 
could  show  that  we  have  given  many  substantial  proofs  of  a  desire  for 
"  harmony  "  and  conciliation,  and  that  we  were  only  driven  to  take  the 
ground  we  now  occupy,  by  a  growing  conviction  of  the  insincerity  of 
the  persons,  association  with  whom  wc  now  respectfully  decline.  From 
1(S  10  to  18  in,  they  were  protected  by  the  liberal  party  in  the  Assembly, 
who  magnanimously  left  tliem  nnd  their  friends  in  possession  of  nearly 
all  the  emoluments  of  office^,  and  nio^t  of  the  seats  in  Council.  In  ISl'j, 
they  broke  up  a  "  mixed  government, "  l)y  inducing  the  LieutiMiant  Gov- 
ernor to  appoint  a  seventh  conservative,  the  liberals  at  the  time  occupy- 
ing but  two  seats.  That  act  drove  into  opposition  tlie  gentlemen  who 
held  them,  and  another,  who,  though  previously  identified  with  tlu;  oppo- 
site interest,  resented  what  he  believed  to  be  gross  injustice  to  a  party 
that  for  three  years  had  steadily  supported  the  administration. 

Finding  a  government,  Avhich,  wliilc  it  possessed  our  confidence,  wa3 
sustained  by  four-fifths  of  the  memljers  of  the  Assembly,  reduced,  by 
the  appointment  of  ]Mr.  Almon,  to  a  majority  of  one,  the  gentlemen  who 
now  seek  our  aid  found  themselves  compelled  to  invite  our  cooperation 
on  several  occasions.  In  every  proposition  made  to  us  they  sought,  as 
they  do  now,  '•  a  parly  triumph,"  and  not  the  peace  of  the  country.  Their 
overtures  were  rejected,  but  influenced  by  a  sincere  desire  to  strengthen  the 
government,  we  indicated  the  fair  and  honorable  terms  which  we  were 
ready  to  accept.  Our  opponents  preferred  a  monopoly  of  official  income, 
and  the  undivided  possession  of  power.  They  have  had  both ;  and  so 
long  as  a  majority  of  the  Assembly,  however  small,  sustain  them,  or 
Your  Excellency  deems  it  right  to  conduct  the  government  with  advisers 
powerless  or  unwilling  to  carry  out  in  practice  the  principles  tliey  pro- 
fess, we  are  satisfied  to  hold  a  position  honorable  in  the  estimation  of  (he 

consist 


country,  and  to  preserve  our 
the  administration. 


stcncy,  without  seeking  any  share  in 


In  conclusion,  we  beg  to  assure  Your  Excellency  that  we  rejoice 


to 


;  J" 


1'>  J 


P!i 


find,  in  the  extract  from  Lord  Grey's  dispatch,  the  true  position  which  a 


46 


I  li 


■  '     h.'. 


I  i   I 


i-i'S 


H  i 


)42 


KEPLY  TO  SIR  JOHN   HARVEY. 


#r>' 


Culoniiil  Governor  i-IioiiM  orciii)}-,  so  iU'cunittly  dL'niH'il.  The  I'roviiicc 
has  siiilerfd  imicli  from  tlio  waiiL  of  that  inechatioii  and  moilcratioii  prof- 
fered hy  Your  Execllcney,  and  enjoined  liy  the  Colonial  Secretary  ;  Imt 
under  your  au.^piees  we  antieipale  the  courteous  observances,  and  rigid 
impartiality,  which  inaki;  the  working  of  representativt;  institution-:  so 
easy,  and  draw  from  theni  so  much  of  personal  independence  and  practi- 
cal utility.  Your  Excellency  will  ever  find  us  prompt  to  sustain  you, 
by  the  public  expression  of  the  respect  which  we  collectively  and  indi- 
vidually fi.'el,  and  if  wc  cannot  consent  to  act  with  a  party  who  do  not 
jiossess  our  confidence,  wc  shall,  nevi'rtludt'ss,  give  our  best  considera- 
tion, and  if  possible,  our  support,  to  any  measures  which  Your  Excel- 
lency may  suggest  for  the  advancement  of  the  public  interests. 

The  members  of  the  Legislative  Council,  with  whom  we  have  deemed 
it  necessary  to  consult,  api)rove  of  the  course  we  are  taking,  and  of  the 
sentiments  we  have  expressed.  "We  have  only  to  regret,  that  from  the 
appareia  necessity  for  an  early  rejdy,  we  have  not  been  able  to  snb;;'it 
the  documents  referred  to  us,  to  gentlemen  residing  at  a  distance,  wliosc 
judgment  we  respect,  but  whose  opinions  we  confidently  anticipate  will 
be  coincident  with  our  own. 

Wc  have  the  honor  to  remain  Your  Excellency's 

INFost  obedient  and  very  humble  ser\ants, 

JosKi'ii  Howr., 
Law.  O'C.  D.ni.K, 
Jami'.s  McXAii, 
GiiORGE  R.  Young. 


On  tlic  28th  of  January,  an  elaborate  reply  to  this  paper  had 
been  sent  in  by  the  Council ;  INIr.  Wilkins,  \vlio  was  absent, 
embodying  his  peculiar  views  in  a  separate  letter  to  the  Gov- 
ernor. These  documents,  which  had  not  been  seen  by  the  lead- 
ers of  the  opposition,  until  they  were  laid  on  the  table  of  the 
House,  created  much  feeling,  and  led  to  animated  debates ;  but 
all  parties  felt  that  further  controversy  was  a  waste  of  time, 
as  the  final  appeal  to  the  country,  which  could  not  be  delayed 
beyond   the  approaching  summer,  must  decicy.-  the  points  at 


issue. 


The  Simultaneous  Polling  Bill  was  introduced  by  tiie  Attor- 
torncy  General  during  this  session,  acknowledged  by  the  op])o- 
sition  as  an  imprt)vement  on  our  electoral  system,  and  passed 
without  much  debate. 


%u 


CONSOLIDATIONS   OF   LAND   DEPARTMENTS. 


543 


A  nioasun*  introducrd  by  Mr.  Ilowr,  for  llio  eonsolidatidii  of 
tlic  cTowii  land  dopartinouts,  was  more  stoutly  opposed.  The 
political  discussions  of  the  session  turned  chieily  on  this  bill. 
It  touched  the  interests  of  persons  nearly  connected  with  prom- 
inent members  of  the  government,  and  it  was  assumed  to  be 
intended  to  smooth  the  way  for  the  complete  introduction  of 
the  departmental  system.  The  bill  was  fought  through  both 
Houses,  but  did  not  finally  receive  the  royal  assent,  until  the 
following  year,  when  Mr.  Howe  was  in  a  position  to  bring  the 
inlluence  of  the  Executive  government  to  bear  upon  the  delib- 
erations of  Downing  Street. 

On  introducing  this  measure,  its  nature,  and  the  necessity  for 
it,  were  thus  explained :  — 

His  olijects  were  to  combine  tlio  officer,  ksson  tlio  oxpon^JO,  and  make 
wliuever  presided  over  them  a  member  of  the  adininistnUion  for  t'le  time 
being,  and  a  rcsi)onsible  liead  of  a  department.  Against  the  introduc- 
tion (if  tlie  system  generally,  it  liad  been  urged  tliat  olliees  must  be 
created,  but  here  were  two  already  in  existence  ;  then,  it  was  said,  ex- 
j)cnse  must  lie  incurred,  but  here  there  is  annually  a  larger  sum  spent 
than,  under  the  change  contem[)lated,  would  be  required.  We  should 
save  money,  not  increase  our  outlay,  by  jiassing  the  resolution.  Last 
year,  it  was  said  excise  olficers  should  not  Ije  introduced,  because  they 
were  excluded  in  England  and  in  Canada.  The  same  objections  could  not 
be  urged  now.  The  commissionorship  of  woods  and  forests  was,  in  Eng- 
land, a  ministerial  office,  the  occupant  of  which  changed  with  the  admin- 
istrali(jn.  In  Canada,  the  commissioner  of  crown  lands  was  a  member 
of  the  Executive  Council. 

Taking  the  sales  in  Nova  Scotia  proper,  from  1827  to  18.38,  inclusive, 
making  a  period  of  twelve  years,  we  had  sold  one  hundred  and  twenty- 
four  thousand  eight  hundred  and  sixty-three  acres  of  crown  lands.  The 
peo])le  had  paid  for,  and  on  account  of,  these  lands,  £'>),80U  4s.  Of  this 
HUin,  the  whoI(!  had  been  swallowed  up  by  the  department,  excei)t  £1,834 
13s.  Ifld.  This  latter  sum,  then,  was  all  that  had  been  paid  into  the 
treasury.  But  while  we  had  received  this  small  amount  on  the  (inc 
hand,  we  had  paid  out  with  the  other,  £187  10>v.  as  salary  to  the 
Surveyor  (leneral,  wiio  was  the  sameoilicer ;  so  that  in  the  twelve  years, 
we  got  £1,S04  and  paid  £2,250.  Add  th(>  dilloreuce,  £.j'JG,  to  £'J,8iiO 
4s.,  and  while  the  country  paid,  in  twelve  years,  £l(>,ll)It.  not  one 
sixpence  of  revenue   was  derived  from  the   salt;  of  one   hundred  and 


1  ■!' 


.i  . 


m 


.1      1 


III 


If 


544 


FRAUDULENT   CON"VEYANCE   HILL. 


twenty-four  tlmusaml  eight  luiiulred  luul  sixty-three  acn.'s  of  the  crown 
estate. 

Looking  to  Cape  Breton,  during  the  same  period,  or  rather  iVoni  1832 
to  1838,  the  jieriod  of  seven  years,  embraced  hy  tlic  altstract,  we  fmd 
tliat  .£1,1 7.J  OS,  '.)(/.  was  received  for  land.  The  whole  of  this  sum  was 
consumed  by  the  dei)artmeiit,  except  a  balance  of  i."38G  '2s.  G(/.,  but  even 
this  sainall  amount  had  not  been  paid  in,  as  the  otfu'cr  claimed  the  right 
to  retain  .£i)00  in  his  hands.  During  this  i)oriod,  £12;j  a  year  had  been 
paid  to  a  Surveyor  General,  so  that  the  whole  proceeds  of  the  Cape 
Breton  lands,  in  these  seven  years,  had  been  swallowed  up,  and  .t'87.j 
'  esides. 

Taking  Nova  Scotia  proper  for  the  period  from  1830  to  184G,  inclu- 
sive, in  those  eight  years  ninety-five  tlu)usand  four  hundred  and  fifty-nine 
acres  of  land  had  been  sold.  Of  the  £10,791  12s.  Id.,  returned  as  the 
net  proceeds,  il.^lSO  had  l)een  i):iid  in;  but  then  we  paid  out  «Cl,r»0()  to 
the  Surveyor  General,  while  the  country  had  paid  for  surveying,  print- 
ing, contingent  and  incidental  expenses,  .£3,G3a  besides.  The  result  of 
our  twenty  years'  experience,  then,  in  Nova  Scotia  ])ropcr,  comes  to 
this  :  "We  have  sold  two  hundred  and  twenty  thousand  three  hundred 
and  twenty-two  acres  of  land. 


This  has  cost  the  jjcoplc 

We  have  p;iid  the  Surveyor  General  in  that 


.X23,f.01     17     7 
.     .•5,7.")()       0     2 

X27,44l      17     1) 


Of  this  vast  sum,  we  have  received  but  i!f),791,  17s.  3^/.  From  these 
facts,  it  was  clear  that,  manage  the  lands  as  we  might,  we  could  not  make 
them,  as  a  source  of  revenue,  less  productive  than  they  had  been. 

A  iiicasuro  was  introduced  by  the  Attorney  General  during 
this  session,  known  as  "  the  Fraudulent  Conveyanee  Bill."  It 
was  sliarply  attacked  l)y  tlie  opposition  on  the  ij^round  that  it 
was  intended  to  secure  tt)  tlie  governnient  the  means  to  perplex 
and  intimidate  voters  at  the  approaching  eh-ctions.  In  the 
course  of  the  d(>batc  upon  it,  the  Attorney  (ieneral  described 
sorue  resohitions  introduced  by  Mr.  G.  R.  Young,  as  "  the  hist 
kite  of  the  session."  Mr.  Howe's  retort  was  ready  and  keen. 
"  There  are,"  said  he,  "two  kinds  of  kites;  there  is  the  innocent 
toy  which  amuses  us  in  boyhood,  and  which,  in  Ihe  hands  of  a 
philosopher,  may  call  down  light  from  heaven.     There  is  the 


GENERAL   ELECTIONS. 


545 


Lif  llic  crown 


f(inl  bird  wliicli  scttlrs  upon  an  object  but  to  sully  or  destroy. 
Our  learned  friend's  kite  resembled  the  former;  the  latter  was 
represented  by  the  Attorney  General's  bill." 

The  s(>ssion  elosed  about  the  end  of  INIareh,  and  all  parties 
began  to  prepare  for  the  elections.     Mr.  Howe  returned  to  his 
hom(>,  to  rest  and  recruit,  and  jm'pare  for  the  work  which  yet 
lay  before  him.     The  season  of  repose  was  short.     The  niem- 
l)(^rs  and  sujjporters  of  the  government  took  the  field  early,  and 
in  due  form,  or  rather  with  an  r)rganization  and  lavish  e.\i)endi- 
ture  never  equtiUed  in  any  former  contest.     'JMiey  selected  four 
gentleni'Mi  of  respectability  and  influence  to  oppose  the  mem- 
bers for  the  city  and  county  of  Halifax.      Careful  selections 
were  made  in  other  counties.     They  raised   a  larger  fund  and 
paid  it  into  the  bank,  avowedly  for  electioneering  purposes,  and 
they  hired  a  schooner  and  freighted  her  with  goods  and  li(|uors 
for  distribution  among  the  electors  around  the  shore.      Tliey 
covered  the   country  with  slijjs  and     'acards,  in  which  every 
species  of  political   distortion  and  umairness  was  interwoven 
with  })i(|uant   and   virulent  personal  abuse.      Reams  of  these 
missive^.  were  scattered  all  over  the  Province.     If  permitted  to 
circulate  uncontradicted  and  unexplained,  who  could  calculate 
the  result?     Mr.  Howe  returned  to  town  early  in  May,  and  at 
once  pul)lished  a  card  diMiounciiig  this  system  of  mean  detrac- 
tion, and  challenging  tliose   conducting  ii  to  meet  him  in  any 
ward  of  the  city,  or  in  any  settlement  in  the  county,  pledging 
himself  to  expose  before  the  people  the  baseness  of  their  con- 
duct and  the  unfoundc'  nature  of  their  charges.     The  challenge 
was  not  accepted.     It  was  then  determined  to  hold  a  series  of 
meetings  in  the  most  important  s(>ctions  of  the  county  of  Hali- 
fax.    The  first  came  oil"  at  Preston.     'I'here  must  have  been  at 
least  twenty  of  them,  and  at  all,  the  bm-then  of  explanation  or 
of  debate  fell  uj)on   Mr.  Howe.     We  attended  many  of  these 
meetings,  and  have  oft(Mi  heard  him  make,  if  not  better  spe(>ches 
than  any  ever  made  in  the    legislative  halls,  many  that  we 
would  gladly,  if  we  could,  recall.     There  was  often  great  fun, 
particularly  where  there  was  opposition.     No  preparation  was 
made.     The  scenery,  the  associations,  the  jnirsuits  and  peculiar 
habits  of  thought  of  the  district  in  which  he  spoke,  supplied 

40* 


I'll 


I         ) 


11 


■  11    '; 

d 

jL 

m^ 


r='' 


-iJuui-  '1 


546 


PUBLIC   MEETINGS. 


inulrriiils  for  (.Icc-lumution  and  illa>itraticii ;  and  whether  he  ad- 
dressed Ihe  eoiored  people  of  Preston,  llie  fishermen  of  Sambro, 
or  the  farmers  of  Muscjuodoboit,  he  appeared  to  be  perfectly  at 
home. 

Having  prepan'd  liis  own  county  for  the  triumphant  return 
of  the  four  old  members,  Mr.  Howe's  next  care  was  to  see  tliat 
the  other  counties  were  correctly  informed  and  proj)erly  organ- 
ized. On  the  4th  of  May  he  addressed  a  letter  "  To  the  l''ree- 
holders  of  Nova  Scotia."* 

Between  the  date  of  this  ktter  and  the  5th  of  August,  \vhen 
the  elections  came  off,  Mr.  Howe's  exertions,  mental  and  l)odily, 
were  very  great.  He  rode  through  tw^elvc  of  the  principal 
counties  of  the  Province,  attended  upwards  of  sixty  ])ublic 
meetings,  and  was  entertained  at  about  iifteen  public  dinners. 
When  we  remember  that  these  sixty  meetings  came  oil"  in 
ninety  days,  that  they  wx're  often  addressed  for  two  or  three 
hours,  sometimes  in  the  open  air ;  that  when  opposition  arose, 
two  or  three  speedies,  in  reply  or  explanation,  had  to  be  made ; 
that  able  and  ingenious  speakers  had  to  be  encountered,  as  at 
Amherst,  where  the  contest  with  the  late  Master  of  the  Rolls 
lasted  two  days  —  as  in  tho  county  of  Hants,  where  the  present 
Judge  Wilkins  had  to  be  battled  with  from  Windsor  to  Mait- 
land  —  that  besides  speaking  so  freciuently  in  public,  Mr.  Howe 
had  to  travel,  and  talk  all  the  time  to  the  thousands  of  })eople 
who  flocked  about  him,  and  whom  it  was  indispensable  to  or- 
ganize, we  may  assuredly  wonder  at  the  strength  of  the  intel- 
lectual and  physical  resources  which  could  stand  this  wa'ar  and 
tear. 

But  few  of  thes'.;  speeches  were  reported ;  perhaps  not  many 
of  them  were  worth  reporting.  There  naist  have  been  a  gen- 
eral sameness  of  argument  running  through  them  all.  But  wa 
have  heard  a  friend,  who  accompanied  Mr.  Howe  in  many  of 
those  journeys,  declare  that  he  was  often  astonislu^d  at  hearing 
the  same  topics  treated  so  variously ;  and  that  he  often  listened 
to  two  or  three  speeches  in  the  same  day,  the  substratum  of  ar- 
gument being  the  same  in  all,  b  tthe  jokes  and  illustrations  so 

*  See  second  volume. 


THE   RESULTS. 


547 


fresh  and  original,  as  llie  localities  changi'd,  that  he  often  en- 
joyed the  last  ellort  the  most. 

The  general  election  came  off  on  the  fOth  of  August.  A 
strong  majority  of  liberals  was  returned.  The  administration 
was  defeated  in  the  metroj)olitan  and  many  of  the  more  popu- 
lous and  imi)ortant  counties.  Ijord  Falkland's  proscription 
was  scattered  to  the  winds,  aiul  his  advisers  were  powerless  for 
good  or  evil.  Tli(>  results  of  the  contest  are  thus  summed  up 
in  The  Nova  Scotian  of  the  IGth  of  August:  — 

l>tit  iiKTL'ly  coiniling  th<'  numbers  rc'tiu'iu'd  gives  ii  very  iii:ult'(niate 
idea  of  the  state  of  i)ublie  opinion.  Tlie  Hbenils  luive  carried  tivclrc  eoun- 
ties,  (he  Torie;!  h\\{  Jirc.  Every  county  but  oik.'  is  ours,  from  Cape  North 
to  Cumberhmd,  embraeing  one-half  tlie  territory  and  poj)ulation  of  the 
Province,  while  to  the  westward  we  Iiave  four  of  tlie  finest,  with  the 
metropolitan  city  and  county  in  the  centre.  In  Halifax,  where  tii(^ 
wealth  and  resources  of  the  ollicial  and  Toiy  parly  are  concentrated  and 
most  active,  our  candidates  have  been  elected  liy  triumphant  majorities. 
It  will  b(!  very  gratifying  to  Lord  Falkland  to  learn,  that  in  the  cai)ital 
of  the  Province,  where  he  could  colli'ct  but  a  few  Inindred  signatures  to 
an  address,  ^Ir.  Howe,  whom  he  vainly  endeavored  to  crush,  polled  fif- 
teen hundred  votes.  It  will  give  him  nearly  as  much  pleasure  to  sec 
Mr.  ]McNab  at  the  head  of  the  township  poll ;  to  learn  that  ^Tr.  Uniacke 
was  elected  without  opi^jsilioii,  and  that  the  Speaker  lias  beaten  the 
Solicitor  General's  '•brother-in-law"  by  the  slight  majority  of  eight 
hundred  and  tw(dve. 

In  another  respect  this  victory  is  most  decisive.  Thi;  liberal  party 
have  lost  two  speakers,  and  one  or  two  other  gentlemen,  whose  steadiness 
and  integrity  made  them  valuable  members  ;  but  ]\Ir.  Johnston,  with 
one  or  two  exceptions,  has  lost  every  speaker  lie  had.  ^Marshall, 
Power,  Holmes,  Koss,  Smith,  Wilkins,  Creighlon,  Owen,  arc  all  swept 
from  his  side,  and  he  has  scarcely  got  one  man  in  their  stead  capable  of 
sustaining  a  debate.  The  most  i)rominently  otfensive  assailants  and 
ma'.igners  of  l!ie  op[iosilioa  have  been  stricken  down,  with  scarcely  an 
exception.  Twi  of  the  Queen's  Counsel,  and  a  member  of  the  govern- 
ment, are  among  the  missing.  Fraser  and  Hall  have  escaped;  but  it  will 
be  recollected  that  they  demeaned  themselves,  on  several  occasions,  with 
more  moderation  and  fairness  than  the  rest  of  the  party,  aii<l  that  they 
had  both  voted  against  the  parish  bill. 

Mr.  Ilowe  had  lived  for  two  years  on  the  river  Musquodo- 


^    ')' 


►I 


r 


'  iff  •         'iB 


,\     > 


i 


!i 


18 


WELCOMK   HOME. 


! 

Hi. 


1  'If J'l 


boit.    IIl.s  wt'k'dmo  home  after  all  his  labors  was  ilius  sketched 
in  The  Sun  newspaper  at  ihc  time:  — 

]Mr.  Howe  rc.'it'liocl  tht;  IJcil  llrulgc,  about  twenty  miles  from  his  home, 
early  on  the  afternoon  of  "Wednesday.  Here  lie  was  met  hy  a  <?reat 
ninnhcr  of  tli"  iniiabilants  of  the  Middle  St-ttlenient,  in  .vagons  and  on 
liorsehaek,  who  I'seorted  iiim,  with  banners  liying,  and  every  ut'monstra- 
tion  of  afleetion  and  respeel,  some  miles  on  his  road.  When  the  caval- 
cade reached  the  rising  ground  near  the  Episcopal  Church,  a  still  larger 
body  was  discovered  awaiting  its  ajiproach.  This  included  tli(!  leading 
men  of  the  Upper  Settlement,  and  the  llowcr  of  its  youth,  who  had 
come  a  distance  of  fourteen  miles  to  welcome  their  re[»resentative.  A 
wagon,  with  a  raised  seat,  handsomely  festooned  with  ilowers,  and 
drawn  by  six  horses,  was  in  waiting  for  him.  Having  taken  his  place  in 
it,  a  line  of  horsemen  and  carriages,  extending  for  nearly  half  a  mile,  was 
formed,  and  moved  forward  in  good  order,  a  bainier  witii  the  inscri[)tion, 
"  Welcome  Jluire —  77r  ricfon/  is  VoMrs"  fluttering  above  his  head. 
As  the  cavalcade  passed  along.  Hags  and  handkerchiefs  were  waved  by 
the  women  IVom  the  houses  on  the  road,  and  these  demonstrations  were 
answered  by  cheers.  About  three  o'clock  the  procession  halted  in  front 
of  Kaulback's  Inn,  where  dinner  had  been  prejjared.  The  following 
addresses  were  then  presente<l ;  the  lirst  being  read  by  IMr.  Alexander 
Stephen,  and  the  second  by  Col.  Kent  :  — 

Ml!.  .TosKrii  lIoAVi; :  Sir, —  We.  the  undersigned,  on  behalf  of  the 
reformers  of  the  electoral  district  of  ^Middle  IMuscpiodoboit,  congratulate 
you  on  your  reelection  as  one  of  the  representatives  of  the  county  in  the 
House  of  Asseml)ly,  in  the  face  of  an  opposition  backed  by  all  the  influ- 
ence of  those  in  powei',  and  the  use  of  means  that  wc  et.miot  but  deem 
unfair  and  inijust.  The  lai'ge  majority  by  which  this  has  been  effected 
is  the  best  answer  that  could  be  given  as  to  the  belief  of  the  people  in 
the  charges  so  perseverlngly  and  unsparingly  made  against  you. 

AVIiile  we  are  highly  gratified  with  you'"  personal  success,  that  feeling 
is  much  increased  by  the  trium[)li  of  jtriiiciples  based  ui)on  our  birth- 
right as  the  descendants  of  JJritoiis.  Your  unflinching  advocacy  of 
those  princijjles,  notwithstanding  the  allurements  of  power,  jdace,  and 
profit,  when  in  possession  or  tendered  for  your  acceptance,  has  placed 
yo'i  in  your  present  high  position. 

AVe  feel  that  your  political  life  must  be  viewed  as  a  proof  that  your 
perseverance  in  the  right  cause  is  sure,  eventually,  to  meet  its  reward, 
and  be  duly  appreciated  by  the  people. 


WELCOME   TIOME. 


r)io 


fa  mile,  was 


•.  Alcxiuidor 


Tt  i-f  with  coiifiilciUM'  tliMt  we  aiiticipad'  tli;\t  tlif>  worklii'Z  out  nf  tlu' 
principles  u|)()ii  whicli  you  have  I)i'i'n  placed  in  tin'  As.-ciulilv,  will  re- 
sult in  the  i)roni<)ti()n  of  the  hest  interests  of  liic  coinitry. 

"NVc  pray  that  you  may  he  Ion;;  s])are(|  to  n>,  and  In  your  eonnfry 
and  with  hest  wishes  lor  yourself  and  ^Irs.  Howe,  and  all  the  family, 
wc  are,  «S;c. 

Adams  ARcinnALn,  ClidinmuK 
Am;xam)i;ij  Sti:i'iii;n',  Sccrctanj. 
IMiddh;  Musquodohoil,  If^lh  August,  IS  17. 

To  Hou.  Joseph   HoH'o,  M.  P.  P.:  — 

We,  the  magistrates  and  other  inhahilants  of  the  Upper  Setllenient 
of  3Iu--(iuodohoit,  heg  leave  cordially  to  welcome  you  on  your  return 
amongst  us,  and  sincerely  congratulate  you  on  the  glorious  triumph  that 
you  and  your  princii)les  hav(>  achieved.  IJeing  fully  .-ensihle  of  your 
valual)le  services  for  a  period  of  years,  and  the  lideliiy  with  which  you 
have  ever  justified  the  confidence  reposed  in  you.  we  hail  with  pleasure 
your  nvleetion.  Although  we  have  lately  given  you  the  highest  proof 
of  our  esteem,  we  should  consider  ourselves  wanting  in  gratitud(!  ilid  we 
jiermit  this  opportunity  to  pass  without  e\-i)ressing  our  unhounded  confi- 
dence in  the  intlexible  integrity  which  has  marked  your  lile,  as  well  as 
your  indefatigahle  exertions  for  the  improvement  and  pro-perity  of  this 
our  native  Colony.  "We  rejoice  that  the  principles  for  which  we  have  so 
long  and  perseveringly  contend<'d,  are  becoming  appreciated  as  they  de- 
serve, which  is  manifest  from  the  result  of  the  late  election ;  and  we 
Lope  the  day  is  at  hand  when,  under  the  benign  guidance  of  a  constitu- 
tional government,  we  shall  enjoy  all  the  privileges  of  l»ritish  subjects. 
In  conclusion,  wc  beg  that  you  would  convey  to  ]Mrs.  ITowe,  and  ail  the 
members  of  your  family,  our  best  wishes  for  their  hapi)iness  and  pros- 
perity, and  we  wish  you  a  long  life  to  enjoy  your  well-earned  popularity. 

Signed  by  James  Kent  and  Angus  31cliinis,  Ksciuires,  Ac.  i^c. 

IMr.  Ilowe  replied  to  these  adilresses,  briefly  and  extemporaneously. 
Our  readers  can  imagine  what  he  would  say  on  such  an  occasion,  lie 
referred  to  the  period  when  the  yeomanry  of  the  east  took  him,  a 
strang(!r,  and  an  untried  man,  and  confided  their  interests  to  his  care; 
to  the  kindly  relations  which  had  since  grown  up,  and  now  subsisted  be- 
tween them ;  to  the  steadiness  of  their  political  confidence,  and  the 
warmth  of  their  reception.  Three  cheers  for  the  Queen,  and  three  for 
the  liberal  majority,  were  given,  and  the  company  sat  down  to  dinner. 
About  six  o'clock  the  carriages  were  ready,  the  horsemen  mounted,  and 


oa 


0 


Ni:^\'  ni'nxMVKK   \Dv.\Ncrxn. 


'I^'lflii  ;     i! 


1v'*.'  '■  l 


M'  • 


J  ^1 


J!    n 


if  ;i 


M^V 


(lie  parly  drovo  oir  tii\vaiil<  llic  luiul  of  tlic  riser,  lliiiis,  IiiUnlk'TcIiirfs, 
juhI  cvciy  oiilwiinl  -ii:ii  of  rcjoiciiiir,  <:rct'ting  tht'in  on  the  way.  Il  was 
(lark  licforo  IMr.  Howe  I'cai'lifd  lii>  Iioriic,  Iml  liis  approarli  wa-;  lold  Ity 
the  cltar  notes  of  the  key  Im^de,  ami  the  ineny  elioers,  wliieli  eoiilil  be 
Iieard  for  miles  down  llie  valley  Iw  was  ;i>eeiidiiig.  At  Ills  door  lie  \\i\-i 
met,  by  bis  family,  and  the  ;.Mi-liing  forib  of  full  bearts  \va-^  not  to  be 
re>trained  by  tiie  presence  of  spectators  whose  hearts  were  al.-o  fidl. 
After  spendimr  an  bonr  (»r  two  in  innocent  niirib  and  mutual  cctnirralii- 
lations,  the  company  retired,  to  .-eek  liio>e  trancpiil  homes  in  tlu;  bosuiurf 
of  wliicli  unostei\l;itioiis  piety  and  sound  political  principles  tlourisb  .-ido 
by  side. 

Rcsf  was  sNvccf  uflcr  all  the  excitcmpnt  Mr.  Ilcnvc  had  irono 
ilir()iit(li.  "  Fi)r  !i  iiionlli,"  we  htivc  lieard  liiiu  s:iy,  "I  did 
iiotliiii^  but  play  with  \\\v.  {'liildrcu,  and  read  old  books  to  my 
i^irls,  I  then  went  into  tin;  woods  and  called  moose  with  the 
old  liiinters,  campinij;  out  nij^ht  after  iii^lit,  listeiiiiij^  to  their 
stori(;s,  ealmini^  my  ihouifhts  with  the  peri'eet  stillness  of  the 
forest,  and  rorifetting  the  bitterness  of  coiilliet  amidst  the  beau- 
tics  of  nature." 

While  these  thinifs  were  ii;oin£2^  on  in  Nova  Scotia,  tin;  ii;ood 
cause  was  making  j)rogress  in  New  Brnnswiek.  Sir  William 
Colebrooke's  Comieil  had  eontained  the  leading  men  of  both  par- 
tics.  Some  of  the  most  spirited  and  able  liad  been  driven 
out  by  th(;  appointment  of  his  son-in-law  to  the  Provincial 
Secretaryship.  That  tippointment  having  Iven  disallowed,  a 
new  combination  was  formed,  by  which  political  power  was 
retained  by  the  old  compact  party,  Wihnot,  Fisher,  and  Ritchcy, 
the  real  leaders  of  the  liberals  of  New  Brunswick,  being  ex- 
cluded. Those  gentlemen  were  not  slow  to  follow  the  exam- 
ple of  the  retired  Councillors  in  this  Province.  They  ceased 
lO  talk  the  unmeaning  notisense  abt)ut  the  evils  of  party  spirit, 
whicli  had  been  fashionable  a  yetir  before  under  the  coalition. 
They  threw  themselves  boldly  vipon  the  country,  accepted  and 
avowed  the  principles  of  responsible  government  in  all  their 
integi-ity,  and  New  Brunswick,  for  the  first  time,  presented  the 
pleasing  spectacle  of  a  regularly  organized  administration  and 
opposition,  contending  for  the  prizes  which  both  acknowledged 
could  only  be  retained  or  secured  by  the  confidence  and  appro- 
bation of  the  people. 


llMllilk'Tcllirf'-i, 
I'  \v;iy.  ll  WiH 
•li  nil-;  told  I»y 
Uiirli  (■(iiiltl  be 
lis  (liKir  lie  was 
s  \v:i>  lutt  to  Ix! 
were  iil-o  full, 
iitiiiil  t'diigralll- 
->  in  llic  bosoms 
ics  ll(;urish  .■>iilo 


•we  had  gone 
Sivy,  "I  did 
l)ooks  to  my 
)os('  with  the 
iiini^  to  their 
illiu'ss  of  the 
klst  the  betiu- 

tia,  th(!  good 
Sir  William 
n  of  hoth  par- 
been  driven 
le   Provincial 
Lii.-allowed,  a 
power  was 
and  Ritchey, 
iv,  being  ex- 
,v  the  exam- 
They  ceased 
party  spirit, 
he  coalition, 
iccepted  and 
in  all  their 
n'csented  the 
stration  and 


m 


L' 


knowlcdged 


CANAHA. 


551 


e  and  appro- 


Tn  Canada  matters  had  adsani-ed  a  step  or  two.  Lonl  llli^in, 
having  lilk'd  np  the  fragmentary  administration  he(|utatht'(|  to 
him  by  Lord  Metcalfe,  opened  the  session  on  the  :,M  (if  .lime. 
His  Lordship  annonnced  two  very  important  concessions  made 
by  the  Imperial  to  the  provincial  govermnents,  —  the  cont.ol  of 
the  post  oilice  department,  and  the  repeal  of  dilU'rential  dnties. 
The  latter  suhjeet  had  been  annonnced  to  onr  Ijei^'islatnn!  at 
tin'  previons  session,  and  measures  chieljy  matnrcd  l)y  Messrs. 
Huntington  and  ^'otmg,  had  been  passed  in  accordance  with 
the  new  [lolicy,  which  all  piirties  regarded  as  a  boon. 

The  session  lasted  till  the  2>^\\\  of  .Inly,  the  miiiistrv  bi-jiifr 
without  moral  influence,  and  su))ported  by  a  majority  of  three. 
Baldwin  and  Lafontaine  were  biding  their  time,  and  all  parties 
felt  that  a  dissolution  or  a  reconstruction  was  the  only  remedy. 

In  Nova  Scotia,  the  ministers,  fairly  beaten  at  the  elections, 
did  not  bow  to  the  decision  of  the  country  with  a  good  grace. 
They  never  had  had  a  working  majority,  in  any  fair  ))arlia- 
mentary  sense  of  the  phrase.  But  it  was  (piilc  apparciU  that, 
after  the  5th  of  August,  they  were  in  a  hopeless  minority.  In 
justice  to  the  Lieutenant  Governor  and  to  the  country,  to  say 
nothing  of  the  legitimate  claims  of  the  gentlemen  u  ho  had 
beaten  them,  they  should  have  at  once  retired.  They  did  not, 
however,  l)utj  pretending  to  doubt,  and  endeavoring  to  miscal- 
culate, the  real  state  of  the  returns,  clung  to  oilice  until  Feb- 
ruary. 

This  tenacity  of  ofTicial  life  was  not,  as  will  be  readily  sup- 
posed, much  admired  by  the  triumphant  opposition.  They 
pelted  them  with  good-humored  severity,  and,  if  eomix'lled  to 
wait  for  the  direct  ai)i)lication  of  the  parliamentary  notice  to 
quit,  determined  to  have  some  amusement  in  tlu^  meantime. 
Under  various  headings,  some  t)f  the  keenest  political  satires 
which  marked  the  whole  four  years'  controversy  a[)peared  at 
this  period  in  the  opposition  press.  We  have  only  room  for 
one:  — 

"  Lo !  tlie  poor  Indian  whose  untutored  mind 
Sees  God  in  clouds,  and  hears  him  in  the  wind." 

"We  presume  tliat,  during  his  stay  in  Canada,  Mr.  Johnston  ^vilI  visit 
IS'iagaru  Falls ;  and,  if  he  docs,  v,c  hope  somebody  will  tell  him  a  story. 


i'l' 


1.'  ! 


I 


'i 


,7  I 


1'   ^i. 


IMAGE  EVALUATION 
TEST  TARGET  (MT-S) 


// 


1.0 


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2.2 


'-  '^  11 

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1.8 


1.25      1.4 

1.6 

I — ' 

^ 6"     — 

► 

V] 


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Photographic 

Sciences 
Corporation 


23  WEST  MAIN  STREET 

WEBSTER,  N.Y.  14580 

(716)  872-4503 


■^. 


i\ 


k. 


A^' 


o 


<\^ 


<^  k'^o"^ 


^"^  "..*%''• 
<^.-.  # 


>> 


*"  C<'x 


W.r 


552 


ELECTION   OF   A   SPEAKER. 


R'i:'tri'::     ■■'■ 

h-'-VMt  -^  .-^    ■    'I 


111 : 


i'--! 


i. 

J 

IHJI 

■\vliicli,  among  the  other  trailitions  of  that  region,  he  certanily  ouglit  to 
hear.  An  aged  Indian  undertook  to  paddle  his  canoe  across  the  stream 
above  the  IIor.se  Shoe  Fall.  Miscalculating  the  strength  of  the  current, 
or  the  vigor  of  his  arm,  lie  was  drawn  into  the  rapid,  and  found  that  his 
life  was  in  danger.  He  struck  out  wiih  all  the  energy  of  a  warrior  man- 
fully struggling  with  his  fate.  Every  iron  muscle  was  tasked  to  the 
highest  i)oint  by  a  will  calm  antl  resolute,  but  bent  on  self-preservation, 
as  the  great  duty  of  the  hour ;  every  sleight  on  which  long  experience 
had  taught  him  to  rely  was  tried,  but  tried  in  vain.  Like  a  bird,  drawn 
by  some  powerful  fascination  into  the  jaws  of  a  serpent,  conscious  of  its 
fate,  yet  powerless  to  control  it,  each  moment  diminished  his  distance 
from  that  majestic  emerald  wave,  which  exhibits  "  the  torrent's  smooth- 
ness ere  it  dash  below,"  and  in  whose  wild  waste  of  waters  he  was  to 
die.  While  there  was  a  chance,  a  hope  of  life,  the  noble  savage  strug- 
gled on  ;  but  the  rush  of  the  stream  was  momentarily  becoming  more 
rapid,  the  roar  of  the  cataract  sounding  more  distinctly  in  his  ear. 
lie  raised  himself  with  dignity,  swept  the  horizon  with  his  eye,  and  saw 
at  a  glance  that  every  landmark  he  had  hoped  to  reach  was  fiir  above 
him.  In  that  moment  the  native  dignity  and  fine  training  of  the  Indian 
won  for  him,  even  in  the  very  jaws  of  death,  an  immortality  as  fadeless 
as  the  verdure  of  the  wave  that  swept  his  body  to  destruction.  Ilig 
spir'  haunts  the  cataract,  and  will  continue  to  haunt  it  for  centuries. 
Trauition  will  ever  preserve,  in  fine  contrast  with  the  sublimity  of  na- 
ture, a  trait  of  the  moral  sublime,  which  our  Tory  Attorney  General 
knows  not  how  to  imitate.  Convinced  that  his  fate  was  inevitable,  the 
savage  threw  his  paddle  down,  folded  his  arms  with  dignity,  raised  his 
death-song,  and  glided  into  "  the  spirit  land "  with  the  courage  of  an 
Indian  "  brave,"  and  the  calmness  of  a  Christian  gentleman. 

We  hope  somebody  will  tell  Mr.  Johnston  this  story ;  his  own  imag- 
ination will  supply  the  contrast.  But  —  but  —  but  what?  A  Creole  is 
not  an  Indian;  that  is  all. 

On  the  22cl  of  January,  1848,  the  new  House  met.  The  first 
question  which  tested  the  strength  of  parties,  was  the  election 
of  the  Speaker.  Mr.  Howe  proposed  INIr.  William  Young. 
The  Attorney  General  opposed  the  nomination  in  a  very  bitter 
speech,  and  was  followed  by  several  of  the  more  prominent  sup- 
porters of  the  government,  who  objected  to  Mr.  Young  on  the 
ground  that  he  was  a  violent  political  partisan.  They  were 
answered  by  Mr.  Howe  and  Mr.  Huntington,  and  on  a  division 


inly  ought  to 
)ss  the  stream 
if  the  current, 
bund  that  his 
warrior  man- 
asked  to  the 
-preservation, 
ig  experience 
a  bird,  drawn 
nscious  of  its 

his  distance 
•ent's  smooth- 
ers he  was  to 
savage  strug- 
'coming  more 
y  in  his  ear. 

eye,  and  saw 
vas  far  above 
of  the  Indian 
ty  as  fadeless 
ruction.  His 
for  centuries. 
)limity  of  na- 
irney  General 
nevitable,  the 
ty,  raised  his 
!ourage  of  an 
m. 

lis  own  imag- 
A  Creole  is 


The  first 
the  election 
am  Young. 
1  very  bitter 
minent  sup- 
ding  on  the 
They  were 
n  a  division 


m 


THE   COUP   DE    GRACE. 


553 


the  government  was  beaten  by  a  majority  of  six,  and  Mr.  Young 
was  conducted  to  the  chair. 

In  his  opening  speech,  Sir  John  Ilarvey  amiounced  the  re- 
ceipt of  a  dispatch  from  Earl  CJrey,  exi)lanatory  of  His  Lord- 
ship's views  of  the  princi'd<v,  of  Colonial  goverinnent  as  appli- 
cal)le,  in  sonii'  important  particulars,  to  this  Province.  'J'his 
dispatch,  it  afterwards  tnrncd  out,  was  dated  on  the  31st  of 
March,  was  received  here  in  April,  and  was  never  prouiulgated 
until  long  after  the  elections  ;  although  it  settled  many  of  the 
points  of  controversy  on  which  those  contests  turned. 

When  iiie  si)cech  had  been  read,  and  the  draft  of  an  answer 
submitted  on  the  24th  of  June,  Mr.  James  B.  Uniacke  moved 
the  following  amendment :  — 

Wiiile  wo  are  fully  sensible  of  the  importance  of  tlie  various  sulijects 
submitted  by  Your  Excellency  for  our  consideration,  we  fi'el  that  in  the 
course  it  may  be  ad\-isable  to  pursue,  with  reference  to  the  measures  so 
intimately  connected  witli  the  interests  of  the  people,  it  is  essential  to 
the  satisfaetory  result  of  our  deliberations,  on  these  and  otlicr  matters  of 
public  concern,  that  Her  JMiijesty's  Executive  Council  slioidd  enjoy  the 
contidence  of  tlie  country  ;  and  we  consider  it  our  humble  duty  respect- 
fully to  state,  that  the  present  Executive  Council  does  not  possess  that 
confidence  so  essential  to  the  promoting  of  the  public  welfare,  and  so 
necessary  to  ensure  to  Your  Excellency  the  harmonious  coi3[)eration  of 
this  Assembly. 

The  debate  lasted  until  the  2Gth,  when  the  House  divided, 
and  the  first  successful  vote  of  want  of  confidence  —  the  first 
vote  that  practically  illustrated  the  whole  power  of  the  Com- 
mons to  turn  out  an  administration  and  establish  the  opposition 
in  their  places  —  was  passed,  by  a  majority  of  twenty-eight  to 
twenty-one.  The  address,  as  amended,  was  taken  up  on  the 
following  day.  The  day  after,  tlu;  members  of  the  Executive 
Council  resigned.  Mr.  Uniacke  was  immediately  sent  for,  and, 
no  longer  hampered  with  written  instructions,  or  commanded  to 
exact  pledges,  after  Lord  Falkland's  clumsy  mode,  was  einj)ow- 
ered  to  form  a  Cabinet,  and  submit  their  names,  in  acc(n-clance 
with  the  practice  at  home.  This  was  done,  and  on  the  2d  of 
February  the  new  Cabinet  was  announced.  It  included  the 
47 


m 


1,  .:  I    ■ 

ml 

if:. 


;  fc  :     1 


ii 


1   !! 


rj'A 


TIIK    COUr    DK   GRACE. 


Ildiiorablcs  James  13.  Uiiiiifkc,  ■Michael  ToImii,  Iliii^h  Bell,  Jo- 
seph Howe,  James  MeNab,  IIerl)ert  limit iiiajtou,  Wm.  F.  Des- 
13arn!s,  Lawreiiee  ()'C\  Doyle,  and  CJeorgt;  R.  Yomi«if. 

We  take  from  this  debate  one  speech  made  by  Mr.  Howe  :  — 

Liihoring  muler  tin;  roniains  of  ii  severe  cold,  in;  liii<l  hoped  that 
this  (h'l)at(,'  mi^dit  close;  without  his  heiiig  called  to  take  any  part  in 
it.  Fie  rose  to  express  his  seiitimonts  now  with  extreme  reluctance, 
for  il  was  not  in  his  nature  to  strike  a  fallen  foe;  and,  after  having  ])een 
condemned  hy  the  country,  he  had  ho[)ed  that  the  gentlemen  opposite 
Avould  have  folded  their  rohes  around  them  and  submitted  with  dignity. 
The  last  tight  of  faction  was  as  unnecessary  as  it  would  he  unavailing. 
Had  the  members  of  the  administration  submitted  gracefully  we  might 
at  least  have  said  of  them  that  "  Nothing  in  olltce  became  them  like  the 
leaving  of  it ;  "  we  might  then  have  suppressed  the  feelings  excited  hy  our 
conflicts,  and  been  touch(.'d  with  emotion  at  the  fortitude  and  resignation 
of  those  we  had  overcome.  What  is  it,  sir,  that  gives  its  charms  to  the 
noble  stattu'  of  the  dying  Gladiator?  the  inimitable  skill  with  which  the 
scul[)tor  has  de])icfed  a  brave  man,  having  done  his  devoir  chivalrously, 
conscious  of  his  death  wound,  sinking  to  the  earth  which  his  blood 
honors,  without  a  spasm  or  a  groan.  But,  if  the  soid,  shaken  with 
coward  fear,  convulsed  the  limbs  and  distorted  the  features,  avc  should 
turn  fi'om  the  marble  with  disgust,  and  take  no  interest  in  the  escape  of  a 
spirit  so  grovelling  and  debased.  I  have  at  times  partaken  of  the  noble 
])astime  of  our  country,  and  hunted  the  wild  moose  through  the  forest 
glades.  While  the  bay  of  the  dogs  rang  through  the  woodland,  and  the 
animal,  dashing  aside  the  branches  with  his  antlers,  had  a  chance  of 
escape,  there  was  animation,  excitement,  and  pleasure  in  the  chase. 
But  when  the  fatal  bidlet  had  brought  him  down,  and  he  sunk  with  the 
steady  fortitude  which  is  not  unconmion,  I  have  almost  shrunk  from  the 
reproof  of  his  earnest  and  expressive  eye,  and  have  Avished  the  lead 
back  in  the  tube  again.  My  feelings  were  very  dilferent  if  he  simk 
below  tlie  dignity  of  his  race ;  if  he  kicked  and  struggled  in  his  last 
houi',  as  the  gentlemen  opi)ositc  are  doing  here,  why,  of  course,  there 
was  nothing  for  it  but  to  knock  him  on  the  head. 

I  am  sure  I  Avould  rather  put  aside  the  task  to  which  I  am  compelled 
by  the  learned  crown  ollieers.  Are  we  not  all  sick  and  tired  of  the  old 
stories  which  the  Attorney  General  has  labored  to  revive  ?  Have  they 
not  been  discussed  till  they  can  be  invested  with  no  feature  of  novelty  by 
the  most  fertile  imagination  ?  The  learned  Attorney  General  has  gone 
over,  point  by  point,  the  speeches  of  my  honorable  friend  from  Yarmouth 


1  Ki 


THE   COUP  DE  GRACE. 


555 


m 


!nii;li  Boll,  Jo- 
\Vm.  F.  Des- 

Mr.  Howe :  — 

lad  Imped  tluit 
k('  .'iiiy  part  in 
'mc  rcliK'taiice, 
ei-  liixving  Ueen 
lomen  opposite 
tl  with  dignity. 
1)0  unavailing, 
'fully  we  might 
le  tlieni  like  the 
s  exeited  by  our 
and  resignation 
<  charms  to  the 
with  which  the 
jir  chivalrously, 
hich  his  blood 
il,  shaken  with 
ures,  we  should 

the  escape  of  a 
en  of  the  noble 
iugh  the  forest 
odland,  and  the 
id  ix  chance  of 
}  in  the  chase. 

sunk  Avith  the 
hrunk  from  the 
t'ished  the  lead 
•ent  if  he  sunk 
led  in  his  last 
of  course,  there 

.  am  compelled 
tired  of  the  old 
le  ?  Have  they 
e  of  novelty  by 
neral  has  gone 
Tom  Yarmouth 


nnd  my  learned  frieml  from  Pictou.  Tic  has  labored  to  escape  from  the 
force  of  the  arguments  he  provoked.  He  has  atteniph.'d  to  an>\vcr  my 
hoiioral)le  friend,  but  has  he  cllaccd  fi'oin  one  man's  memory  the  impres- 
sion made  by  his  s[)ei'cli  ?  Oue  si'utence  delivered  by  my  honorable 
fiMiiid  with  solemn  earnc-liiess  oULrlit  to  Ite  remeinl)ei'i'd  Iiv  tIio^(;  who  "o 
into  tiie  new  iroverumeut,  as  it  will  never  b(!  Ibrjiotten  bv  the  learned 
crown  ollicers.  I  sole  lor  the  aniendment,  said  Mr.  Huntington,  because 
'■  1  have  hope  fidui  ihe  gentlemen  who  form  tlu!  opposition  ;  from  you  I 
have  no  hope."  That  x'litimcnt,  Ibunded  on  a  ten  year's  experience  of 
the  two  parties,  animates  Nova  Scotia  at  this  instant.  The  p(H)ple  of 
Xova  Scotia  liaNC  weiglied  the  Attorney  (General  and  his  friend^  in  the 
])alancc,  and  li)iuid  them  wanting  ;  from  them  they  have  no  hoi)c.  and 
has  the  Attorney  (ieneral  said  any  thing  here  to  show  that  their  confi- 
denc(;  -iioidd  be  revived?  \h-  complaine<l  of  the  temper  which  tlu; 
learned  memlier  for  Picloii  displayed,  but  hail  not  my  learneil  friend 
provocation  enough,  in  the  temjier  shown  by  the  two  crown  officers  on 
the  first  day  of  the  session?  The  fierce  and  uncalle  l-for  attacks  on  ono 
near  and  dear  to  him  were  well  calculated  to  create  a  little  animation  ; 
and  as  to  the  mode  of  retaliation,  —  why  my  learned  friend  may  have  ^'i-n 
gome  of  his  constituents  in  Pictou  dislodging  a  bear  from  a  hollow  tree, 
b}''  making  a  fire  under  it ;  and  his  only  hope  of  getting  the  gentleman 
oj)positc  out,  is  by  making  ofl'ice  too  hot  tor  him. 

The  learned  Attorney  General  thought  proper  to  ridicule  our  consti- 
tutional knowledge.  Is  he  a  qualified  judge?  Think  you,  if  he  were  to 
set  himself  up  as  a  professor  of  constitutional  lore,  that  his  classes  would 
be  very  numerously  attended,  or  that  the  rising  generation  would  b(^ 
largely  benefitted  by  his  labors  ?  He  complains  that  we  have  not  fore- 
shadowed our  aiture  policy.  I  must  tell  him  again,  as  I  have  told  him 
before,  that  "  sufficient  for  the  day  is  the  evil  tlnn-eof."  Let  us  deal  with 
the  matters  in  hand,  and  when  the  proper  tim(.>s  arrives,  we  will  favor 
him  with  some  flashes  of  illumination.  The  Attorney  General  claims  to 
be  judged  by  English  precedents,  and  denies  that  he  has  ever  violated 
them,  liut  did  he  not  hold  oflice  for  a  year,  under  Sir  Colin  Campbell, 
with  a  majority  of  two-thirds  of  the  representative  branch  against  him  ? 
Where  will  he  find  English  precedent  for  that?  When,  in  1810,  the 
liberals  came  back  with  a  majority,  did  not  the  Attorney  General  enter 
the  government  with  them,  adopt  their  principles,  and,  afterwards,  when 
it  suited  his  purpose,  sneer  at  the  administration,  of  which  he  was  a 
member  ?  Did  he  ever  hear  of  any  English  statesman  who  thus  de- 
meaned himself?  The  Attorney  General  protracts  this  debate,  because 
he  wishes  to  convince  the  new  members,  whose  opinions  he  conceives  are 


i!' 


m    :- 


m 


o5G 


ii 


1 

!' 

11 

|| 

1 

i- 

^1^; 

!' 

THE   COUP   PE   GRACE. 


not  yot  forniod.  If  so,  how  ciinic  it  tluil  iill  tlicir  iisinios  worr-  ptinidcd, 
Avitli  rcproljatiuii,  in  llic  press  wliicli  supports  tliat  ^'ciitlcmaii.  and  that 
fill  his  friends,  lay  and  eh'rieal,  did  their  best  to  prc'vent  them  g<'tling 
hero  at  all?  "Was  not  the  whole  conservative  tieket  pid)lished  in  the 
ollieial  organ?  The  majority  who  are  here,  heat  the  Attorney  (Jenorul's 
best  men  at  the  hustings.  Is  it  to  he  sup[)osed  that  tliey  did  not  know 
■what  they  were  about?  that  the  people  did  not  know?  The  learned 
gentleman  flatters  himself  that  the  new  members  are  here  to  be  in- 
stnieled.  1  tell  him  that  they  are  here  beeansc  the  i)eople  knew  them  to 
be  snfTiciently  well  inlbrmeil.  ]>iit,  we  are  told  that  we  have  pnt  a  voj)e 
around  (heir  neeks.  Oh,  sir,  has  the  Attorney  General  forgotten  the 
pliant  majority  whieh  he  le<l  here  for  the  last  four  years,  many  of  whom 
would  have  voted  that  black  was  white,  and  that  two  and  two  did  not 
make  four?  Ue  eoinplained  that  my  learned  friend  from  I'ietoii  wanted 
to  stop  his  mouth;  but  has  he  forgotten  his  own  feats  in  that  line?  To 
stop  one  lawyer's  mouth,  even  if  it  eould  be  done,  would  not  l»e  so  bad 
as  muzzling  the  whole  fourth  estate,  which  the  learned  crown  officer  at- 
tempted once.  Has  he  forgotten  the  attempt  made  to  stop  all  discussion 
on  the  vexed  question  of  the  Registrar's  Dili,  when  his  own  colleague 
moved  to  shut  the  public  and  the  reporters  out  of  the  lobby,  and  put  an 
end  to  all  discussion  ?  Far  be  it  from  me  to  wish  to  deny  to  the  crown 
ofRcers  opportunity  for  full  defence  ;  but  when  we  have  made  two 
speeches  each,  there  will  be  one  hundred  and  two  of  them,  and  surely 
that  ought  to  be  discussion  enough.  AV^here,  in  England,  do  we  hear  of 
all  the  lords  and  members  of  Parliament  being  passed  over,  when  cabi- 
net ministers  are  required  ?  I  defy  him  to  (juotc  me  the  precedent  — 
to  show  me  the  example.  English  iireccdents  !  Sir,  did  we  ever  hear 
of  the  sovereign  writing  and  publishing  an  attack  on  persons  who  had 
left  her  Cabinet  ?  AVhere  have  we  seen,  at  home,  letters,  written  to  gen- 
tlemen inviting  them  to  come  into  the  administration,  made  the  vehicles 
for  conveying  a  reflecticm  upon  third  parties,  not  included  in  (he  negotia- 
tions ?  When  did  we  hear  of  England  being  governed  by  a  fragment 
of  a  cabinet  for  three  or  four  years  ?  The  Attorney  General  can  quote 
no  English  precedent,  but  he  gives  ns  the  opinion  of  some  traveling  Cana- 
dian, with  whose  name  we  an;  not  favored.  English  precedent !  Show 
me  the  English  minister  who  ever  published  to  the  world  the  humiliating 
evidence  of  his  impotence,  that  he  had  made,  in  tour  years,  three  over- 
tures to  his  political  opponents,  which  had  been  rejected,  and  tendered 
thirteen  seats  in  the  cabinet,  which  had  been  refused  ? 

The  Attorney  General  asks  how  we  can  (ell  what  are  the  contents  of 
dispatches  which  we  have  not  seen.    The  cjuestion  is  pertinent,  but  I  judge 


TIIK    COUP   DE   OltACK. 


557 


wove  |)MrM(l('(l, 
■mail,  and  that 

tlifiu  getting 
hlislird  ill  tlic 
riKV  ( Iciicrars 

(lid  iii)t  know 

The  Irariu'd 
lere  to  be  in- 
■  knew  tlicni  to 
ive  pill  a  rojio 

forgotten  the 
nany  of  whom 
id  two  (Ud  not 
Pietoii  wanted 
hat  line  ?     To 

not  be  so  bad 
own  olficer  at- 

all  discussion 
own  colleaguo 
)y,  and  put  an 
y  to  the  crown 
ive  made  two 
■'in,  and  .surely 
do  we  hear  of 
,or,  when  cabi- 
2  precedent  — 
I  wo  ever  hear 
rsons  who  had 
written  to  gen- 
de  the  vehicles 
in  the  negotia- 
by  a  fragment 
icral  can  quote 
raveling  Cana- 
cedent !  Show 
the  humiliating 
irs,  three  over- 
,  and  tendered 

die  contents  of 
ent,  but  I  judge 


by  wlial  I  have  m'vu,  of  wliat  has  been  conrcali'd.  Aroiiol  our  journals 
ciicuiidicrrd  Iiy  a  licterogciicoiH  mass  of  dipiomatic  alxiirdilio.  acciiinu- 
lated  uiidi'r  the  present  admiui.-lration':'  The  (lovcrnor's  name,  il  is 
sai<l.  has  been  iiilroduciMl  into  tiiis  dcliale.      If  >(),  I   regrd  it.  aiul  woulil 

have  checked  it  liad  1  been  here.     Nor  ought  th ntciil>  of  dispatches, 

not  formally  laid  before  the  House  bv  His  lOxcelleiicv,  to  lie  drawn  into 
discussion.  I  have  not  seen  the  dispatch,  and  Iiave  no  right  to  sec;  it. 
There  was  one  that  I  should  have  liked  to  have  seen  —  tliat  secret 
and  insidious  representation,  upon  which  tlie  ex-Councillors  were  charged 
with  "pretensions,"  because  they  exercised  the  common  right  oi'  ISriloiis, 
without  indelicacy  and  without  olVeiice.  AVIiy  should  we  s[)eculat(!  on 
unpublished  dispatches!'  llav(!  we  not,  on  (»ur  journals,  that  celebrated 
state  [)aper,  which  iiit()rmed  the  Colonial  minister  that  the  liberals  were, 
disunited;  that  they  had  no  leaders;  tliat  Mr.  Howe's  influence  was 
gone?  If  disposed  to  waste  time,  and  laugh  at  the  gentlemen  opposite, 
I  might  turn  to  that  vaunting  documcrnt,  and  contrast  its  unfounded  state- 
ments with  the  humiliating  position  which  tlie  authors  occupy  on  the 
tn;asury  bench.  As  respects  the  dispatch  referred  to  in  His  ICxcelleiicy'.s 
speech,  have  the  gentlemen  any  objection  to  give  me  the  date  ?  [Here 
there  was  some  bantering  and  rummaging  of  the  Attorney  General's 
notes,  but  the  date  was  not  given.]  This  I  may  say,  sir,  that  if  that  dis- 
patch bears  date  last  spring,  if  it  explained  to  the  i)eople  of  this  country 
the  views  of  the  C(donial  Secralary  on  res[)onsii)le  government,  and  the 
deiiartmcntal  system,  the  men  who  concealed  it,  and  went  to  the  hustings 
mystifying  and  vituperating  that  system,  neither  acteil  fairly  to  Her 
Majesty's  government  nor  to  Her  JMajesty's  subjects.  [The  Solicitor 
General  laughingl}'-  said  they  had  no  objection  to  go  to  the  (■ountry  on  it 
now.]  Nor  I  either,  continued  'Mr.  Howe.  There  will  be  lots  of  snow- 
balls for  our  constituents  to  pelt  each  other  with.  Tlu;  Attorney  (Jeneral 
is  a  theologian,  but  I  fear  that  he  has  not  followed  the  Scripture  injunc- 
tion, '•  not  to  make  his  flight  in  the  winter."  He  has  let  tlu^  autumn 
months  go  by,  and  retires  in  foul  weather. 

The  Attorney  General  sneeringly  r(.'ferre<l  to  Mr.  Doyh-'s  remark, 
that  Lord  Glenelg's  dis[)atch  was  our  ^lagna  Cliarta.  liut  does  he  not 
know  that  the  English  people  had  a  ^lagna  Charta  centuries  befijre  they 
enjoyed  responsible  government?  I  really  thought  my  old  pamphlet 
had  been  worn  out  by  the  learned  Attorney  General ;  it  has  e\  er  been 
a  stumbling  block  and  rock  of  offence  to  him,  and  I  was  seriou.-ly  con- 
sidering the  propriety  of  writing  another  for  his  especial  benefit.  Two 
things  strike  me  with  some  surprise,  sir,  whenever  I  turn  to  that  pam- 
phlet,—  I  am  ast<,iiished  that  a  production,  so  inferior  as  apiece  of  com- 
47* 


'■     t  .    i 


•J:.:  Ill 

'If-',    !i 


558 


THE  COUP  DE  GRACE. 


■\\m 


ifV 


V    ' 


])osili()ii,  slioiild  liHVf  iittriictcd  xt  iiuicli  iUtoiilioii ;  and  I  am  ('(lually  siir- 
]»risfd,  that,  writiiij,'  ii[)oii  a  subjcrt  s^o  diHicuU  as  the  mixfd  character  of 
Imperial  and  Provincial  institutions,  the  principles  and  views  propounded, 
taken  as  a  whole,  were  so  sound  as  they  have  been  proved  to  he  by  the 
test  of  sid)se(pient  experience.  Tiie  Attorney  (Jeneral  says,  that  in 
lHo9,  1  was  in  advance  of  Lord  Durham.  lie  is  mistaken.  Lord  Dur- 
ham and  I  perfectly  agreed,  but  I  am  willing  to  acknowh'dge  tiiat  both 
might  have  been  somewhat  in  advance  of  the  views  entertained  in  Eng- 
hind.  lUit  the  Attorney  General  tells  u-i  that  he  was  for  advancing 
gradually,  —  yiM*,  sir,  so  gradually,  that  we  were  to  have  freedom  by  in- 
finitesimal doses,  and  rtjsponsible  govennnent  "  by  degrees,"  by  which  it  is 
said  "  lawyers  get  to  heaven."  1  must  confess,  I  marvc  1  at  the  Attorney 
General  going  over  these  old  grounds,  as  though  the  gentlemen  who  sit 
here  for  the  first  time  were  a  parcel  of  schoolboys,  to  be  traineil ;  or 
fresh  hands  just  shipped,  and  who  re(juired  to  be  touched  up  with  a  rhe- 
torical rope's  end,  to  learn  them  their  duty.  He  asks  us  where  have  the 
administration  violated  the  new  principles?  and  I  answer,  everywhere. 
We  asked  for  the  departmental  system  of  England:  they  refused  to 
bring  the  secretary  into  tlu!  Legislature,  they  withdrew  the  treasurer, 
they  legislated  the  collector  of  excise  out,  and  they  rel'used  to  permit  us 
to  legislate  the  commissioner  of  crown  lands  in.  In  the  free  use  and 
abuse  of  the  Governor's  name,  they  violated  principle,  and  uccumuhitcd 
difficulties  ;  and  in  holding  their  places  from  August  to  January,  after  the 
country  to  which  they  appealed  had  declared  against  them.  I  will  not 
anticipate  the  contents  of  Earl  Grey's  dispatch,  but  I  shrewdly  suspect 
that,  if  the  elections  had  gone  against  us,  the  i)eople  of  Nova  Scotia 
would  never  have  seen  it.  If  that  was  not  the  policy,  the  gentleman  op- 
posite would  have  planted  the  public  olliccrs  to  be  afiected  by  it,  on  the 
hustings,  and  have  given  them  a  chance  of  maintaining  their  positions. 

Allusions  have  been  made  to  the  bench,  and  to  the  discussions  which 
arose  here  last  year.  I  know  little  or  nothing  of  our  courts  from  per- 
sonal observation,  for  I  rarely  go  into  them ;  but  I  do  wish  that  our 
judges  would  so  demeiMi  themselves  as  to  be  not  only  blameless,  but  un- 
suspected. And  I  wish  also,  sir,  that  when  reflections  arc  cast,  here  or 
elsewhere,  gentlen  n  would  prefer  some  definite  charge,  or  state  some 
fact,  to  enable  us  to  decide  fairly  whether  or  not  blame  can  attach  to  the 
bench.  AVith  reference  to  the  representations,  said  to  have  been  made 
with  a  view  to  a  new  appointment,  I  know  nothing  of  them  ;  constitution- 
ally I  can  know  nothing.  As  a  member  of  opposition,  I  am  to  judge  the 
government  by  its  aefs,  and  have  nothing  to  do  with  its  intentions.  But 
this  I  may  say,  that  after  the  discussions  which  took  place  here  last  ses- 


1 1,1 


'11 


THE   CO'JP  DE   OHACE. 


5r)9 


1  (^((ually  snr- 
1  ('liiiractcr  of 
s  |ir<)|»oiiii(lt'tl, 
lo  be  by  tlie 
siiys,  tliiit  m 
.  Lord  Diir- 
Ij^c  tiuit  both 
[linod  ill  Kiig- 
br  ii(lvaiiL'iiij5 
I'coclom  by  iii- 
by  uhicli  it  is 
(Ik;  Alloriioy 
emeu  who  sit 

0  traiiu'il ;  or 
ip  with  a  I'be- 
liere  have  tiie 
•,  everywhere. 
ey  refused  to 
llic  treasurer, 

1  to  permit  us 
3  free  use  and 
I  iiceumulated 

ary,  after  the 

.     r  will  not 

wdly  suspect 

Nova  Scotiiv 

j;entlemau  op- 

by  it,  on  the 

r  positions. 

ussions  which 

rts  from   per- 

wish  that  our 

leless,  but  un- 

cast,  here  or 

r  state  some 

attach  to  the 

e  been  made 

constitution- 

1  to  judge  the 

cntiuns.     But 

here  last  ses- 


sion, after  the   confirmation,  by  the  constituencies,  of  the   charges  pre- 
ferred (for  our  opponents  Iiad  the  imprudence  to  mix  tlic  judges  up  with 
tlieir  canvass),  tliosc^  wlio  are  calleil  upon  to  till  up  tlmt  vacancy,  sliould 
—  taking  an  enlighteneil  view,  not  so  nuich  of  this  claims  of  parties  as  of 
the  state  of  the  bench,  and  the  feelings  of  the  country  —  exercise  a  sound 
discretion,  that  the  bench  may  be  strenglhene(l  in  iIk;  Jini-ctions  and  re- 
spect of  the  country.     'J'oiiching  the   principles  which  will  evei-  govern 
my  conduct  in  rel'erence  to  judicial  appointments,  I  may  be  jiardoneil  for 
saying  a  few  words.     Once  in  a  while,  an  able  man,  of  standing  and  ex- 
perience, may  ha  found  isolated,  by  circumstances,  from  politics;  such  an 
one  is,  perhaps,  upon  the  roll,  but  the  phenomenon  is  rai'e.     In  L'en- 
cral,  if  we   want  the  best  talent  of  the   profession,  our  judges  must  be 
Belecl(Hl  from  the  foremost  ranks  of  our  politicians;  and  as   parties  Ihic- 
tuate,  political  impressions  will  come  to  neutralize  each  other,  as  in  lOng- 
land.     Now,  whether  jjolitical  friends  or  foes  are  elevated  lo  tlu;  bench, 
this  should   be  the  lude,  —  however  distastefid   their  api)ointmciits,  and 
however  they  may  be  vehemently  opposed,  when  once  gentlemen  are  ap- 
pointed, political  animosities  should  be  buried,  and  only  reviveil,  if  the;  in- 
dividuals, after  their  elevation,  forget  the  dignity  of  their  stations.     The 
Attorney  General  thought  proper  to  ridiculo  th(;  references  made  by  my 
learned  friend  from  Cape  Breton,  to  the  i)ost  odice,  railroails,  commerce, 
and  colonization.     I  knew  my  le.irned  friend  would  catch  it,  for  I  saw 
the  Attorney  General's  eye  jrlancii.fr  at  him  as  he  spoke,  with  expressive 
intimation  of  the  coming  storm.     What,  we  arc  asked,  have  all  these 
great  subjects  lo  do  with  the  government  of  Nova  Scotia  ?     Will  the  new 
administration  carry  great   measures  affecting  the  whole  empire?     We 
have  the  deepest  interest   in  all  these   great  (juestions ;  the   honor,  the 
prosperity,  and  elevation  of  our  country,  are  involved  in  them  all ;  a  sound 
principle,  pro})ounded  here,  may  be  adopted  and  acted  u[)on  l)y  North 
America;  and   plans  of  improvement,  suj^gested  in  other  Colonies,  will 
require  to  be  met  in  an  enlightened  and  libc     [  spirit.     Is  it  not,  then, 
of  the  utmost  importance,  whilst  such  fpies.     •  •  are  lo  be  dealt  with, 
that   His  Excellency  should   be  surrounded    ;>y   a  ctwnplele  and  vig- 
orous administration  ?     My  learned  friend  may  be  enthusiastic  upon 
some  of  those  topics,  but  he  is  often  in  advance  of  us  ;  and  though  I 
have  sometimes  lagged  behind,  as  I  and  others  did,  when  years  ago,  he 
boldly  propounded  our  right  to  control  the  Strait  of  Canso,  I  have  learr.t 
to  respect,  rather  than  smile  at  a  zeal,  which  is  often  based  on  statesman- 
like conceptions. 

But  did  not  the  Attorney  General,  when  he  went  to  Canada  as  a  com- 
missioner, representing  the  minority  in  this  Assembly,  feel  lluit  he  was 


■.'I 


-..i 


;iil 

'!*  1 

ft 

H. 

'  ■ 

!''i 

' 

4 

'till 


^  il  it] 


fiCO 


TFin   COLT   DE   fiUACE. 


ill  ix  l;il-c  posilidii?  And  li.'is  Iio  ri'r;^'(>ltcii  the  tiiiK'  wlifii  lln-  \)oiut<  of 
tliis  coiitiiinit  was  ciKliiiip'rcd,  ami  wlicii.  liis  a(linini>trati(>ii  liciii'^  in  n 
niiiuirily,  Sir  Colin  ('am|il)('ll  could  not.  willioiit  tlic  aid  (»(' the  (ipiio-^ition, 
buy  a  iiuiskct  or  a  liarrcl  ol"  powder  ?  Sir.  iiic>c  principles  are  of  wider 
n])plicalioii  llian  to  tlie  mere  internal  administration  of  each  Colony. 
'I'liat  tlie  empire  may  he  stroiHjr.  the  <^)iieeii's  ;rov:'rmneiit  .>lionid  he  strong 
in  the  atlections  of  all  her  |)eoplL';  and  ready,  in  each  I  loviiice,  to  lead  pnb- 
lie  opinion  and  carry  out  imperial  policy.  I  miLiht  say.  in  answer  to  the 
Altorney  (Jeiierars  taunt,  that  if  we,  do  not  conslriicL  tlie.  railway,  W(j 
^vill  not  write  dis[)atclios  about  it,  reflectiiiii  on  the  head  of  tiils  House, 
and  tlu'ii  bring  tln'in  ilown  tr  be  reail  under  the  Speaker's  no<e. 

The  Attorney  Cii'iieral  f|Uotes  the  Whig  precedent  of  liSll  to  justify 
his  retention  of  oiricc ;  but  what  justilicatioii  does  that  furnish?  Lord 
John  Russell,  if  my  memory  serves,  held  on  fordve  days  after  the  return 
of  the  writs;  ^h:  Jolm<lon  for  live  months!  Could  there  have  been  a 
stronger  illustration  of  his  folly  than  the  fact,  which  has  come  f>ut  of 
these  discussions,  that  Instead  (tf  advising  tlie  Lieutenant  (Jovernor  to 
fill  the  vacancy  on  the  beiudi,  be  has  ci)mineneed  soiiu!  clumsy  corres- 
pondence with  (he  Colonial  odlce  ?  Ibit  we  arc  told  that  we  have  only 
a  majority  of  seven.  Well,  that  is  better  than  a  majority  of  one.  IDo 
gentlemen  opposite  doubt  their  entire  defeat  ?  They  laugli(>d  at  us  when 
we  assumed,  in  our  letter  to  Sir  John  Harvey,  that  the  lilierals  owned 
two-thirds  of  (he.  property  and  embraced  two-thirds  of  (he  j»o[)ulatI()n  of 
Nova  Seotia.  That  statement  was  denied.  lUit  look  to  the  returns: 
twelve  counties  sustain  the  liberals;  the  Tories  have  but  five;  and  al- 
though they  may  have  won  several  of  the  townships  by  small  majorities, 
the  analysis  which  I  hold  in  my  hand  i)roves  the  accuracy  of  the  state- 
ment made  to  Sir  John  Harvey  in  IHIO.  The  Attorney  G(Mieral  says 
his  majority  increased  from  181.1!  to  18  17.  If  it  did,  all  (he  patronage 
of  the  government  was  in  his  hands  for  l()ur  years,  to  strengthen  himself, 
but  where  is  his  majority  now  ?  Where  are  the  prominent  and  more 
violent  men  of  his  part}'?  Scattered  to  the  winds,  while  the  opposition 
have  come  back,  streiiglhened  in  talent  as  in  numbers. 

The  Attorney  General  says  that  the  coalition  Council  was  sometimes 
reduced  to  seven.  T  am  not  aware  that  (he  number  ever  fell  below 
eight.  But  look  at  the  spectacle  Avhich  the  fragment  sometimes  pre- 
sented. ]\rr.  Robie  in  (he  States ;  Mr.  Wilkins  at  Windsor ;  Mr.  Dodd 
fishing  in  (he  ]\Lar!zaree  river.  THerc  ]Mr.  Howe  threw  in  a  droll 
parenthesis,  comparing  the;  crown  ofUcers  to  two  salmon,  securely  hooked, 
but  floundering,  jumping,  and  flapping  their  tails,  without  a  possibility  of 
escape.]     Sir  Rupert,  particularly  about  election  times,  sailing  down  the 


DKPARTMKNTAL    CUANCKS. 


ryc>\ 


i'OM>t  ill  lii-;  lt(i;i<  Mini  llu'  wlidlc  irnvrriiiiinit  ol'  tin'  coimtrv  cciitrrcd  in 
tlic  liaiiiK  dl'  till'  AllnriH'V  (Irncnil,  Mini  lii<  rclMlivc,  Mr.  Aliiimi.  Wm-< 
lliMl  <iicli  Mil  Miliiiiiii-itralimi  m<  cmiiIiI  lie  coii^iilcrrd  tiiir  to  ihc  ( Invcriior, 

or  Id   till'  (•dlllltrV?        .Ml'.   IInWi'  here  (Icrcinli'l  llic   CnMlilinn     wllirh    |iM--r(l 

the  llMliliix  Iiifdi'pKi'Mli'iii  .\c|.  Mini  iiidi'i'  iiKM-iin  -,  in  m  >iiiL'li'  -r-.-i(iii, 
IliMii  llic  iM-t  Mdiiiiiii-'ti'Mlidii  dill  in  I'diir.      IIi'  mNd  ri'iiiMrkcd.  dm  llirhoMst 

lIlMt    llir   M'llddl   IMdIlrV   Illld   lirrll    illCITM.-ril,  tllMt    llli'   IllMi'llilH'I'V  (if   till'  Mi't 

•  t  • 

was  sd   iiiiiii'rrcci,  tlial    -dini'  I'M-cIlnil   ■.cliOdN   liMd   1 ii  dr^trovrd.  Mini 

till'  pi'diilc  had  nil  coiiiriliiitc  I  in  |ii'ii|ii)rtidM  In  llic  MdvMiin's  iVmn  tin' 
treasury.  IJiit.  sMy~  tin'  Alturnry  (iniri'Ml,  il  WDiild  lia\r  iircn  m  \  inh- 
lidii  dl"  |iriin'i|ili'.  if  I  Inid  M-^iimrd  iIimI  a  niMJoiily  was  ajraiii-t  ii>  —  thai 
vc  Wdiild  lie  di'l'i'Mird.  Oil,  sir,  llic  Attiii'in'y  (Iciicral  has  m  -Imi't 
mciiniry.  Did  In'  imi  a--iiiii('  that  fidi'd  Falkland's  jj;d\ri'nniriil  Wdiild 
1)1'  di'li'Mtcd,  in  l''^|."i,  nnnilli-  lirliirc  tin'  IFdii>i'  iiu't.  Mini  dl»s(il\r  il  dii  .-i 
grdiindlcss  assniii|iiidn  ?  Did  init  l.di'd  l-'alUIand  assniiic  lliai  Mr.  dnhn- 
Ptdii  had  a  iiiaiiiritv  wlirii  In*  anpdiiitrd  .Mr.  Ahiidii  ?  !''.vri'v  lliiin'  and 
aiiv  tliiiiLf  cduld  1)1'  a-siiiiii'd  in  1S|;;,  Imt  in)thinLr  in  1>>I7. 


\ 


On  ontcriiii^  llic  ifovt'riiiiHMit,  if  was  discovered  by  llie  lib- 
erals, ijiat  tlioiigli  Sir  Rupert  D.  (Jeori^e  had  residjiied  his  seat 
ill  the  Exeeutive  C'oiiiieil,  he  had  not  resii^iied  the  olliee  of  Pro- 
vincial siH'retary;  whicii,  pleading'  his  patent,  or  some  j)le(l<^e 
from  tlio  CJov(.'rnor,  lie  insisted  on  his  rii^ht  to  retain.  The 
new  cabinet  met  this  attempt  at  unconstitutional  obstruction 
with  firmness.  They  declared  the  ollice  vacant,  by  resolution, 
and  voted  a  iiension  to  Sir  Ru[){>rt  at  the  same  time.  Mr. 
Howe  was  appointed  to  succeed  him.  JMr.  Uniacke  took  the 
office  of  Attorney  CJeneral.  The;  Solicitor  Generalship  was 
conferred  on  INEr.  DesBarres.  Legislation  was  re((uired  before 
the  de})arTmeiital  system  could  be  arrangi'd,  and  the  linancial 
offices  disposed  of.  But  j)ower  had  elli'ctually  changed  hands. 
The  liberals,  for  the  first  tiirn*  in  our  Provincial  history,  sur- 
rounded the  Lieutenant  Crovernor,  and  had  free  access  to  the 
Colonial  office.  For  the  first  tiuK!  in  his  public  career,  Mr. 
Howe  found  himself  at  the  head  of  a  department  which  gave 
free  scope  to  his  talents  for  administration. 

The  members  of  the   Cabinet,  who  had  accepted  offices  of 
emolument,  were  triumphantly  returned.     Mr.  McNab  was  ele- 
vated to  the   Lcijislative  Council,  to  make  a  vacancv,  and   Mr. 
Uniacke  and    INIr.  Howe  were  elected   by  the  inetro[)olitan  city 


1 
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1 

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nrsroNSM'.r.i:  covKitNMMNT  siTrnKD. 


ii.'id  ciiiiiily  ;  tlif  ritriiitT  bfaiiiiLf  his  (tppoiicni  hy  llirrc  liiiiKlrcd 
and  ri^liiv-livc  voles,  aiid  the  lalici'  w  iimiiiif  by  cii,'!!!  liiiiKlrcd 
and  iliirly  two. 

Al)t)iit  lliis  siiiiic  liiiii'  Lord  l''iillxlaii(l  was  rt'uardcd  lor  liis 
inisjLfovcnuiiciit  of  .Nova  Scotia,  Uy  Ids  a|)|)oiMliii('iil  to  the 
presidency  of  Hoinhay  ;  and  \rt's-'i>.  lialdwin  and  Lalontaine, 
who  had  l»ecn  exchlded  iVtini  oilice  by  Ijord  .Mf'tcalle's  r()///; 
tibial,  were  carried  triinnphanlly  into  the  Conneil  of  Lord  1''!- 
gin  ahnost  l)y  ucchiniation. 

Responsible  government  was  now  secnred  to  Hritish  Amer- 
ica. Principles  and  rnles  of  julministralion,  th'lined  and  ilius- 
Irated  by  the  coidlicts  of  the  |)ast  fonr  years,  were  clearly  appre- 
hended, and  conid  be  ndsstated  and  mystilied  no  Ioniser.  'Die 
right  ol'  any  |)arty  connnanding  a  parliamentary  majority  to 
i'orm  ii  Cabinet,  and  achainister  public  alliiirs;  the  right  of  min- 
isters to  be  considtetl,  to  resign  when  they  were  nol^,  and  to 
go  into  opposition  without  injnry  to  the  prerogative;  in  I'act, 
nearly  all  the  points  upon  which  there  had  been  so  mucli  con- 
troversy, were  now  settled  and  disposed  of;  and  we  think  we 
are  sale  in  saying,  that  there  are  not  tcMi  persons  left  in  Ni»rtli 
America,  who  can  now  read  Lord  Falkland's  extraordinary 
stat(>  pajx'i's  without  a  smile  of  derision. 

The  l)e[)artmental  Bill  was  intro(hiced  liy  th(?  new  Cabinet, 
about  the  end  of  .March.  It  gave  rise  to  nuu'h  del)ate  and  ob- 
struction, but  was  (Inally  carried  through  both  Houses.  'I'he 
Colonial  oliice  was  then  appeah'd  to,  and  the  Imperial  Parlia- 
ment importum>d,  that  the  C^ueen's  assent  might  l)e  withheld; 
and  the  Provincial  govermnent  wore  involved  for  more  than  Ji 
year  in  correspondence  about  a  measure,  which  the  Colonial 
Secretary  linally  decided  was  lying  clearly  within  the  purview 
of  the  Provincial  Parliament. 

The  session  closed  on  the  lltli  of  April.  Though  liavi ng  no 
time  to  prepare  measures  until  the  House  met  and  tlu?  old  ad- 
ministration was  overturned,  and  although  the  chief  depart- 
mental ollicers  were  excluded  from  Parliament  during  half  tlio 
session,  the  new  administration  signalized  their  accession  to 
power  by  the  passage  of  several  measitres  of  great  value  ;  and, 
speaking  of  them  at  this  point  of  time,  we  may  add,  of  proved 


!)■   f 


K\ 


civil.    LIST    IMLI,,    i;i,i;(TI;lc    TI.LCCHAI'ir. 


;n3 


Utililv.  Ht'sidcs  llic  l)i'|);iriiiiciii;il  Uill,  alnndv  rt'trrrfd  to.  tlifrc 
\Viis  nil  act  to  comiiiulr  iIk'  ci'dwii  revenues  juid  provide  for  a 
civil  list,  preparecl  l)y  Mr.  I  Iiiiiliiii^'toii,  and  uliieli  Sir  .loliii 
Harvey  cliaraeteri/ed  as,  *•  as  lionoraMe  to  the  lie<,'islatnre  as  Ik; 
trusted  it  would  be  satisfactory  to  Her  Majesty's  1,'overnineni." 
This  i)ill  linaily  disposed  of  a  class  of  vexatious  and  dehatahl*; 
(juestions,  iiivohini^  |)ersoiial  interests  and  vested  riLflits,  which 
liad  disturbed  our  Ije^dslature  for  ten  years.  Her  .Majesty's 
assent  was  not  obtained  to  it.  however,  without  a  hard  battle. 
No  sooner  had  it  passed  the  two  branches,  than  the  jiidi^'es  and 
other  ollieers  interested  memoriali/ed  the  i!iii)erial  tjovernnient, 
Oij^aiiist  its  conlirination.  Some  of  those  inenioriaU  wer»! 
drawn  with  ^reat  skill,  and  in  lani^niai,^'  of  indiijiiant  reinon- 
8tranc(!  or  ironical  severity.  In  some  of  them  the  Lieutenant 
CJovcrnor  was  not  spared.  It  became  Mr.  Howe's  highcstduty, 
not  only  to  his  party,  but  to  the  (Jovernor,  that  this  measure 
and  the  Departmental  JJill  should  be  successfully  vindicated  in 
J'iii^dand.  The.  correspondence  with  th(>  ('oloniid  Secretary 
tluriiii^  his  first  year  of  oilice  was  voluminous.  The  admirable, 
spirit  and  ability  with  which  it  was  conducted  mav  be  gathered 
from  the  dispatches  and  minutes  of  council,  whit  h  wore,  from 
time  to  time,  laid  before  the  House. 

The  l)ill  for  construct ini^  an  clec,tri(^  lelci^ragh  from  Halifax 
to  the  northern  frontier  of  Nova  Scotia,  also  brou<,dit  down  by 
the  administration,  was  eminently  successful.  Under  it,  the  fu'st 
telegraj)!!  line  erectetl  in  Nova  Scotia  was  built  by  the  govern- 
ment ut  an  expense  of  about  £4000.  Contrary  to  the  general 
belief  it  was  immediately  successful,  and  i)aid  liv('  per  cent  on 
the  outlay  the  lirst  year  that  it  went  into  operation.  En- 
couraged by  the  success  of  this  experiment,  a  company  was 
soon  after  formed,  which  ])ought  the  main  line  from  the,  gov- 
ernment, and  have  engrafted  on  it  branch  lines  whicii  connect 
the  capital  of  Nova  Scotia  with  almost  every  seaport  in  the 
Province  ;  the  whole  Provincial  system  working  in  harmony 
with  all  the  lines  which  operate  over  this  continent. 

Towards  the  close  of  the  session  a  dispatch  was  received  by 
Sir  John  Harvey,  in  which  Earl  Grey  thus  sanctioned  the  steps 
which  His  Excellency  had  taken.     "  I  have  to  convey  to  you 


y! 


i 


A 


•:|»t 


lil 


tl 

ft    (il 


'W 


664 


THE   TWO    PICTURES. 


Is'ipj 


P' 


t  (ffcT 


my  entirr  approliatiou  of  the  measures  which  you  have  pur- 
sued with  reference  to  th(^  reconstruction  of  your  Executive 
Council."  "  You  will  express  to  your  present  Executive  Coun- 
cil the  sritisfaction  with  which  I  have  read  their  miiuite  of  8th 
of  February,  1848,  in  wliichthey  express  their  intention  to  resist 
with  iirnniess  the  introduction  of  the  mischievous  policy  of 
sweeping  changes  of  subordinate  functionaries.  I  trust  that 
the  system  of  responsible  government,  the  principles  of  which 
they  so  justly  appreciate  and  apply,  may  now  be  rega^l  h1  as 
established  in  Nova  Scotia  in  a  manner  calculated  to  make  it 
work  for  the  good  advantage  of  the  inhabitants  of  the  Prov- 
ince." 

The  close  of  this  session  was  marked  by  an  incident  highly 
honorable  to  the  Legislature,  and  which  shows  how,  in  Nova 
Scotia,  mere  party  feelings  are  buried  when  the  respect  due  to 
the  sovereign  —  the  honor  or  the  interests  of  the  empire  —  are 
concerned.  This  was  the  period  when  Louis  Philippe  had  lied  ; 
when  the  rei^ublicans  were  in  possession  of  Paris  ;  and  when 
every  mail  brought  accounts  of  some  fresh  revolution  or  cmcute 
in  every  part  of  continental  Europe.  We  copy  tli  report  from 
the  newspapers  :  — 

On  the  day  the  last  mail  arrived,  Mr.  ITowo,  tlic  Pro  acial  secre- 
tary, rose  in  his  place,  and,  by  command  of  His  Excellen  -  Sir  John 
Harvey,  laid  on  the  table  of  the  House  a  dispatch  from  the  light  Hon- 
orable Earl  Grey  announcing  the  birth  of  a  Princess  Roya'  In  moving 
for  the  usual  committee  to  prepare  an  address  of  congi  ulation,  Mr. 
Howe  observed,  that  the  same  mail  which  brought  this  /ispatch  also 
brought  accounts  that  almost  every  tlircne  in  Europe  wa.  '.aken,  and 
almost  every  crown  in  danger ;  while  the  subjects  of  despotic  sovereigns 
were  seeking  constitutions  at  the  point  of  the  bayonet  and  amidst  scenes 
of  carnage  and  civil  war,  our  gracious  Queen,  secure  in  the  attachment 
of  her  subjects,  had  passed  througli  iio  peril  hut  that  which  was  incident 
to  the  condition  of  woman,  and  which  was  hallowed  by  the  maternal  al- 
fections.  On  us  she  had  freely  bestowed  a  Constitution,  which  left  us 
nothing  to  fear  and  nothing  to  demand;  and  he  believed  that  in  no 
portion  of  her  widely  extended  dominions  v.'ould  an  event  which 
thrilled  with  pleasure  the  royal  bosom,  and  had  a  tendency  to  give 
stahility  to  the  throne,  he  hailed  with  more  genuine  satisfaction  than 


J  •!  i' 


NEWFOUNDLAND   ADDRESS. 


;g5 


have  pur- 
Exocutive 
tivc  Coim- 
Lito  of  8tli 
311  to  resist 
policy  of 
trust  tluvt 
s  of  wiiieh 
cga^'1  hI  as 
to  make  it 
'  the  Prov- 

dent  highly 
w,  in  Nova 
peet  due  to 
n\m^  —  are 
)e  had  lied  ; 
;  and  when 
n  or  cmeute 
report  from 


acial  sccre- 

'  Sir  John 

light  Ilon- 

In  moving 

Illation,  Mr. 

lispatdi  also 

".akcn,  and 

lie  sovereigns 

[midst  scones 

le  attachment 

I  was  incident 

I  maternal  af- 
,-liich  left  as 

II  that  in  no 
;vent  which 
•ncy  to  give 
tfaction  than 


in  Nova  Scotia.  jMr.  Johnston,  the  leader  of  the  oppo^iiion,  at  once 
rose,  and  expressed  his  higli  ajiproval  of  the  s(Mitinu'iits  m)  eloquently 
delivered  by  the  Provincial  secretary.  Tlie  conlra-t  was  indeed 
striking,  and  liighly  gratifying  to  every  British  subject.  lie  gave 
his  suppoi't  to  the  address,  and  it  passed  by  acclanuition. 

The  session  had  scarcely  closed,  \vhen  the  opposition  news- 
papers attacked  Sir  John  Harvey  with  great  injustice  and 
severity.  He  was  ably  defended,  on  this  and  on  other  occa- 
sions, by  a  writer  under  the  signature  of  "  Sydney,"  who  in 
firm  but  temperate  language  met  every  charge  against  Sir 
John  with  ti  triumphant  vindication. 

To  show  the  inlluence  exercised  by  the  polities  of  Nova 
Scotia,  at  this  period,  upon  all  the  maritime  Provinces,  we 
copy  an  address,  forwarded  in  the  spring  of  this  year,  to  the 
Speaker  of  our  Assembly  :  — 

To  the  ITonorahle   William   Young,  Speaker  of  the  Assemhly  of  Kova 

Scotia : 

We,  the  inhabitants  of  the  district  of  St.  John's,  met  for  the  purpose 
of  p(!titioning  the  Queen  and  both  Houses  of  Parliament  foi  a  constitu- 
tional form  of  government,  could  not  separate  without  congratulating  the 
pcofde  of  Nova  Scotia  on  the  enjoyment  of  the  object  for  whiidi,  we, 
stinudated  by  their  noble  example,  now  ardently  desire  and  diligently 
seek. 

AVe  select  you,  sir,  the  first  commoner  of  Nova  Scotia,  and  the  Speaker 
of  the  first  relbrined  Assembly  uf  your  Province,  as  the  medium  for  the 
conveyance  of  our  fidicitations  to  your  most  excellent  countrymen. 

We  are  charmed  by  llie  moderate  and  practical  manner  in  which 
party  government  has  illustrated  itself  in  Nova  Scotia. 

You  liave  effectuated  modern  refonn  ;  and  in  doing  so,  you  have  given 
a  fair  consideration  to  the  claims  of  those  whose  vested  rights  were  in- 
terfi'red  with. 

You  have  created  a  departmental  government,  combining  in  your 
system  the  wholesome  influence  ot  cliang(!  necessary  in  tlie  higlier  offices, 
with  the  continuity  of  service  desirable  in  tlie  subordinate  situations, — 
thereby  refuting  in  practice  the  ingenious  sophistries  urged  against  your 
party,  wlien  they  advocated  the  theory  of  executive  responsibility. 

You,  and  your  party,  have  done  more,  sir ;  you  have  bound  Nova 
48 


\ 


:: '  ii 


'1:1  i| 


:!  1! 


■'!* 


h.jji 


;g6 


CHARLES   DULLER. 


I      } 


I     >  f 


Scotia  and  its  people  to  the  parent  country  liy  an  indissoluble  tie  —  the 
tie  of  common  riglits  and  common  interests. 

Accept  then,  sir,  for  the  people  of  Nova  Scotia,  of  whose  rights  and 
interests  you  are  the  constitutional  representative,  our  hearty  congratu- 
lations. 

Ncwfoimcllraid  has  sinec  obtixined  responsible  government ; 
but,  at  this  period,  she  was  enduring  the  throes  and  agony  of 
parturition,  and  might  well  view  with  hope  and  satisfaction 
the  safe  delivery  of  her  sister  Province. 

In  the  autumn  of  this  year  a  voluminous  and  able  report 
was  transmitted  by  Sir  John  Harvey  to  the  Colonial  Secretary, 
in  whieh  the  prominent  features  and  main  resources  of  the 
Province  were  grouped  and  described.  This  report  was  much 
wanted.  The  information  it  contained  has  been  freely  used  in 
the  mother  country  and  elsewhere,  and  has  had  a  tendency  to 
correct  erroneous  impressions  abroad. 

On  the  20tli  of  November,  a  new  commission  of  the  peace  was 
issued,  which  gave  rise  to  much  discussion  for  some  years  after. 

In  December,  the  Colonies  met  with  a  heavy  loss  by  the 
death  of  Charles  Bullcr.  BuUer  and  Howe  never  met,  but 
they  had  long  corresponded,  and  entertained  for  each  other 
mutual  confidence  and  personal  esteem.  The  following  grace- 
ful tribute  to  the  memory  of  the  dead  was  written  by  Mr. 
Howe  at  the  time,  and  we  have  heard  him  express  the  emotion 
he  felt,  while  wandering  through  Westminster  Abbey  some 
years  later,  at  coming  suddenly  upon  a  beautiful  bust  of  his 
departed  friend :  — 

If  the  question  had  been  asked  a  month  ago,  of  the  North  American 
Colonies,  what  English  statesman  they  could  least  aflbrd  to  spare,  the 
almost  unanimous  answer  of  the  best  informed  men  in  the  five  Provinces, 
■would  have  been  —  Charles  lUdler.  The  last  steamer  brings  the  mel- 
ancholy tidings  of  his  death,  and  the  sincere  sorrow  on  this  side  of  the 
Atlantic  is  as  general  as  was  the  estimation  in  which  the  deceased  was  held. 

There  is  something  singularly  sad  in  the  death  of  such  a  man  as 
Buller,  at  the  early  age  of  forty-one,  —  in  the  very  flower  of  his  days, — 
after  the  difficulties  of  early  life  had  been  surmounted,  and  an  honorable 
position  had  been  attained,  from  which,  with  practiced  and  scarcely  ad- 


>*, 


!!ii 


CHAHLES  DULLER. 


567 


?-,ni'  '< 


)lubl('  tie  —  tlic 


venturous  wing,  the  highest  elevations  of  Impcriiil  public  life  were  fairly 
within  his  reach. 

There  is  something,  too,  depressing  in  the  reflection,  that  another  has 
been  added  to  the  list  of  able  and  distinguished  advocates  of  Colonial 
rogen(M'alion,  who  have  passed  from  tlie  stage  of  usefulness  to  the  tomb, 
within  a  very  few  years. 

Lord  Durham,  Lord  Sydenham,  Sir  Charles  Bagot,  Charles  Bullcr ! 
With  these  men  alive,  and  holding  high  stations  in  England,  North 
America  would  have  had  her  advocates  and  friends  —  familiar  with  her 
wants  and  liopeful  of  her  destinies  —  to  appeal  to,  and  to  defend  her 
interests,  on  all  occasions.  Tlie  grave  has  closed  over  theni  all,  and  we 
are  sciircoly  consoled  for  their  loss  by  the  conviction  that  their  works 
live  after  them,  and  that  the  rights  they  advocated  can  never  perish. 

Li  the  gradual  evolution  of  genei'al  principles,  and  in  their  practical 
application  to  tlie  business  of  Colonial  government  within  the  last  ten 
years,  Cliarles  liuUer,  though  inferior  in  rank  and  station  to  some  of  his 
fellow-laborers,  exercised  a  vast  and  most  beneficial  influence.  As  sec- 
rotary  to  Lord  Durham,  his  talents  contributed  to  the  brilliant  success 
which  attended  His  Lordship's  mission.  "When  that  great  man  was 
prematurely  stricken  down,  Charles  Duller,  in  Parliament  and  in  the 
press,  defended  his  memory  and  reasserted  his  principles.  Out  of  office, 
he  checket!  and  restrained  the  party  by  whom  Lord  Durham  was  feared ; 
in  office,  he  gave  to  the  present  ministry  his  counsel  and  his  aid  in  per- 
fecting that  nobleman's  Colonial  policy. 

Contrasted  with  some  others  who  take  an  intei'est  in  Colonial  ques- 
tions, there  was  something  safe,  practical,  and  conciliatory,  in  BuUer's 
advocacy  of  North  American  interests.  Unlike  Hume,  he  never  fright- 
ened or  misled  by  counselling  extreme  measures  ;  and  instead  of  trav- 
ersing boundless  fi(dds,  and  generalizing  like  Molesworth,  he  stuck  to  the 
matter  in  hand,  and  raised  no  ditficultics,  the  facile  removal  of  which 
was  not  proved  to  be  as  compatible  with  the  dignity  of  the  parent  State, 
as  with  the  security  of  the  distant  Provinces  of  the  empire. 

It  Avas  for  this  quality  of  his  mind  that  we  chiefly  admired  Buller. 
He  never  did  violence  to  the  anti(pie  prejudices  of  Parliament,  or  feared 
to  give  honest  counsel,  when  they  seemed  to  require  it,  to  the  Colonists 
themselves.  There  may  be  rising  men  in  both  Houses,  of  whom  we 
know  little  ;  but  of  those  we  do  know,  there  is  not  one,  in  the  peculiar 
Vi'alks  he  chose,  wdio  can  fill  Charles  Buller's  place. 

In  1849  the  Legislature  met  on  the  18th  of  January.  The 
opening  passage  of  the  Governor's  speech  contained  a  reference 


m\ 


I 


:i;: 


;:  I   Ml 

■  \   \- 


m 


^  1  ;t 


f^ 


it' 

i' 

! 

■  i' , 

1 

nil 

i    iH 


pi,  I 


5G8 


OrENING   OF   THE  SESSION. 


■f 


to  the   prerogative,  in  a  different  spirit  from  those  wliicli  we 
were  accustomed  to  have  under  the  last  administration  :  — 

During  tlio  year  wliifli  lias  just  c-losod,  we  have  witiK-sscil  in  ibreiga 
coinitries  a  succession  of  startling  events,  llio  (lownfall  of  ancient 
dynasties,  the  violent  disruption  of  the  relations  of  ostal>lish(Ml  so(;iety, 
and  sanguinary  civil  conflicts;  and  have  learned  by  contrast  to  jjrizc 
more  highly  the  blessings  of  rational  lil)erty,  iniioii,  ])eac(\  and  industrial 
development,  secured  to  the  empire,  of  which  Nova  Scotia  forms  a  l)art, 
by  the  mild  sway  of  a  sovereign  whose  prerogatives,  in  their  exercise, 
express  the  national  will,  and  derive  their  strength  from  the  people's 
affections. 

It  is  apparent  from  the  whole  speech  that  the  government 
had  been,  throughout  the  year,  actively  engaged  in  the  duties 
of  administration.  Major  Robinson's  survey  of  the  inter-colo- 
nial railway  having  been  completed,  was  submitted,  with  dis- 
patches in  which  tiie  views  of  Her  Majesty's  ministers,  and  of 
the  governments  of  Canada  and  New  Brunswick,  in  relation 
to  that  work,  were  fully  explained. 

The  country  betwen  Halifax  and  Windsor  had  been  explored 
by  Wightman  and  Chesbrough,  and  their  surveys  and  estimates 
were  submitted. 

A  delegation  had  been  sent  into  Canada  and  New  Bruns- 
wick, to  arrange  with  the  governments  of  those  Provinces  the 
establishment  throughout  British  North  America  of  a  uniform 
rate  of  postage,  and  of  intercolonial  trade.  Their  reports  were 
laid  before  the  two  Houses. 

Authority  having  ben  obtained  from  the  Imperial  govern- 
ment, tlie  crown  land  departments  had  been  consolidated  on 
the  basis  of  Mr.  Howe's  bill  of  the  previous  year.  Some 
amendments  were  moved  to  the  address,  but  were  negatived, 
twenty  to  eleven,  the  House  not  being  full. 

On  the  23d  of  January  the  dispatches  and  papers  connected 
with  the  departmental  bill  were  sent  down.  These  were  Sir 
John  Harvey's  explanatory  dispatch  on  transmitting  the  bill,  Mr. 
Fairbanks's  remonstrance  against  its  passage,  and  a  protest 
forwarded  by  a  minority  in  the  Legislative  Council.  These 
papers  had  drawn  from   Earl   Grey  an  expression  of  opinion 


If^ 


MINUTE   OF   COUNCIL. 


569 


favorable  to  tho  moasurc  jrciirrally,  l)ut  ovidcMitly  framed  to 
soc'urc  for  the  gentleman  about  to  be  removed  a  des^ree  of  eon- 
sideration  to  wliieli  the  uiiijority  of  tlie  House  did  not  think 
him  entitk'd.  ITer  Majesty's  assent  to  the  bill  Avas  withheld, 
and  an  intimation  was  eonveycd  that  some  other  odice,  or  a 
pcnsioii,  must  be  f^iven  to  the  Reeeiver  General. 

This  dispafeh  drew  from  the  Provincial  Cabinet  a  minute  of 
council  so  arj^umentative,  so  condensed,  and  so  spirited  in  tone, 
that  it  is  impossible  to  mistake  its  paternity.  As  it  settled  this, 
and  all  other  (iuestions  of  a  similar  nature,  it  is  worth  preserv- 
ing. 


hi 


m^ 


tv 


May  it  Pleask  Your  Excellkncy:  — 

1.  T1k>  unexpected  rojcction  by  the  Colonial  Secretary  of  the  depart- 
mental bill,  places  us  in  a  position  of  so  much  embarrassment,  and  leads 
us  to  anticipate  so  many  serious  dilliculties,  in  discharj^ing  with  satisiac- 
tion  to  Your  Excellency  and  credit  to  ourselves,  the  functions  we  have 
assumed,  that  we  regard  it  as  our  first  duty  to  remind  Your  Excellency 
of  the  terms  upon  which  wo  accepted  ollice,  and  of  the  obligations 
which  we  conceive  ourselves  to  be  under  to  the  majority  in  the  Leg- 
islature, whose  confidence  we  enjoy. 

2.  The  inherent  vice  of  t)ie  old  Colonial  governments  was  the  ab- 
sence of  adequate  control,  by  the  majority  of  the  constituency,  over  the 
departments  by  which  the  whole  Executive  machinery  was  moved.  A 
minority  sustained  l)y  the  Imperial  authorities  ruled  each  Province,  often 
in  sj)ite  of  vainly  struggling  and  discontented  majorities ;  still  more  fre- 
quently without  the  harmonious  mutual  cooperation,  wanting  which 
thei'e  can  neither  be  vigor  in  the  government,  nor  widely  diifused  con- 
tentment among  the  body  of  the  [)eople.  Lord  Durham's  report  exposed 
this  fatal  defect  in  our  old  modes  of  administration  ;  and,  from  the  period 
of  its  })ublication,  whatever  crude  opinions  might  have  been  previously 
entertained,  opposing  parties  rallied  to  secure  or  to  resist  the  introduc- 
tion of  improvements  by  which  the  anomalies  of  the  old  system  would 
bo  swept  away  ;  and  self-government,  by  the  constitutional  modes  recog- 
nized by  all  parties  in  England,  would  be  established  in  their  stead. 

3.  For  ten  years  the  people  of  Nova  Scotia,  variously  tried,  and  often 
disappointed,  have  labored  to  place  the  executive  departments  of  their 
country  in  the  hands  of  those  who,  from  time  to  time,  possessed,  in 
their  judgment,  the  requisite  qualifications  to  successfully  conduct  the  ad- 
ministration of  public  affairs.    Their  right  to  exercise  these  powers,  clearly 

48* 


■V;. 


!  n 


li' 


i'1 


h 


Hi 


I 


!i: 


r 


\u 


570 


MINUTE  OF   COUNCIL. 


!  i 


indicated  in  Lord  Diirliain's  report,  was  cxpand<'d  in  Lord  John  Rus- 
sell's dis|)atoli  of  October,  18."!);  since  the  publication  of  whii:li,  in  these 
Provinces,  the  fair  claims  of  odiccrs  appointed  previous  to  its  promulga- 
tion have  formed  the  oidy  acknowlcdgccl  barrier  to  the  full  enjoyment  of 
the  high  privileges,  which  formally  conceded  by  that  dispatch,  could 
never  afterwards,  but  for  some  gross  forfeiture  of  confidence  or  allegi- 
ance, be  constitutionally  withdrawn. 

A.  The  rights  of  every  officer  appointed  previous  to  that  period,  have 
been  honorably  respected;  but  no  olficer  appointed  since,  exce[)t  to  judi- 
cial vsituations,  has  been  regarded  as  holding  his  place  by  any  other 
tenure  than  that  proclaimed  in  the  dispatch  ;  and  any  attempt,  by  a  Nova 
Scotian,  for  his  own  personal  advantage,  to  narrow  the  connnon  rights  of 
his  countrymen,  and  to  withdraw  any  of  these  ofilces  from  the  constitu- 
tional control  of  the  Assembly,  has  been  warmly  disapproved;  and  the 
attempt  itself  r(>gardcd  as  establishing  any  thing  but  a  claim  to  reim- 
bursement out  of  the  public  fluids.  In  this  position  Mr.  Fairbanks 
deliberately  placed  himself,  in  181'),  and  after  years  spent  as  a  public 
man  in  vain  resistance  to  the  introduction  of  the  new  system  as  a  whole, 
he  set  the  example  of  showing  how  easily  it  might  be  violated,  by  any 
party,  having  a  temporary  ascendancy,  giving  jiledges  to  those  they  ap- 
pointed to  office  that  the  tenure  should  be  for  life. 

5.  If  the  office  of  treasurer  can  be  withdrawn,  what  security  have 
the  people  for  permanent  control  over  any  other?  Should  INIr.  Fair- 
banks succeed  and  reap  the  reward  of  an  attempt  upon  our  Constitution, 
which  his  countrj-men  deeply  resent,  others  may  find  it  convenient  to 
imitate  his  example,  and  there  may  not  be  wanting,  in  the  fluctuations 
and  changes  of  parties,  persons  higli  in  authority  to  aid  them. 

G.  Giving  to  Earl  Grey's  comparison  of  the  duties  of  Colonial  treasuref 
with  those  discharged  by  the  Controllers  of  the  Exchequer  in  England, 
all  the  weight  to  which  any  suggestion  from  his  Lordship  is  so  eminently 
entitled,  we  cannot  but  regard  it  as  unfortunate  that  the  analogy  was  not 
perceived  in  18 10,  and  that  the  Ivccelver  General  in  Canada,  whose 
duties  are  precisely  the  same  as  those  discharged  by  ]\Ir.  Fairbanks,  has 
been  ever  since,  and  is  now,  a  responsible  head  of  the  department :  lia- 
ble therefore  to  removal  with  every  change  of  administration. 

7.  Having  thus  explained  with  clearness  and  precision  the  general 
views  entertained  upon  this  subject,  we  now  proceed  to  consider  it.s  bear- 
ing upon  our  own  positions,  claims,  and  obligations.  When  INIr.  llniacke 
was  called  upon  by  Your  Excellency  to  aid  in  forming  an  administration 
which  would  be  supported  by  a  majority  in  the  Legislature,  he  expressly 
stipulated  for  the  vacation  of  the  two  crown  ofTices,  the  secretaryship, 


4   'f^' 


WINUTE   OF   COUNCIL. 


571 


^:'ii 


<f 


Li'lmciit :  lia- 


tlie  (roasiiry,  rcvonuo,  and  laiul  tk'pai-tiuriils,  and  tlic  ofTicc  of  Qnccn's 
prink'r,  in  all  but  seven,  bnt  all  alike  e<s(,'ntial  to  the  IVaniewoi'k  ol'lliat 
new  system  of  Ivveentive  responsibilily  wliicli  we  have  hecn  authorized 
to  introduce.  Yieldinj^  to  Your  Kxeellency's  desii-e,  an  administration 
was  finally  arranj^ed,  inclndinjf  but  thive  of  tliese  ollices,  it  beini^  per- 
fectly understood  that  the  others  were  to  be  assumed  by  persons  <'nj()y- 
ing  the  eondileiice  ot"  a  majority  of  the  Assembly,  so  soon  as  measures 
necessary  to  secure  consolidation  and  aeeonntabilily  could  b<^  earrie<l 
tiirougli  the  two  Houses.  As  these  were  matters  ])urely  of  internal  reg- 
ulation, touching  our  own  oflicers,  and  our  own  fund>,  we  could  not  con- 
ceive, with  the  exami)les  of  Canada  under  four  Governors  General 
before  us,  and  with  Lord  Durham's  report  and  the  dispatches  of  Lord 
John  IJussoU  and  Earl  Grey  in  our  hands,  that  we  were  to  be  further 
embarrassed  with  the  vested  rights  of  individuals,  whose  only  claim  to 
consideration  arose  out  of  opposition  to  the  views  of  those  distinguished 
statesnicn,  and  to  the  very  system  w(!  assumed  olTice  to  establish. 

8.  So  little  did  W(!  apprehend  dillicidty  in  adjusting  these  details,  so 
perfect  was  the  nnitual  understanding  in  reference  to  them,  that  no  secret 
was  made  of  the  policy  to  be  pursued,  and  a  suspending  clause  was  only 
attached  to  the  l)e[)artmental  IJill,  at  Your  Excellency's  request,  on  its 
final  reading  in  the  upjjcr  House.  In  the  lull  assurance  only  of  the  en- 
tire conunand  of  the  departments  deemed  essential,  coidd  W'?  have  made 
the  declaration,  or  justified  it  when  made,  that  we  should  resist  any  desire 
for  "sweei»ing  changes  of  subordinate  functionaries."  Your  Excellency 
knows  with  how  little  satisfaction  that  declaration  was  received  by 
many  who  were  accustomed  to  see  all  the  higher  ollices  in  llu;  govern- 
ment, and  the  household,  change  occupants  on  a  change  of  administration 
in  England;  and  who,  in  the  neighboring  republic,  observe  thousands 
retiring  into  private  life,  unpensioned  and  unheeded,  every  fitur  years. 

9.  "We  may  overestimate  the  moderation  displayed  l»y  a  party  having 
established  a  com|)lete  political  ascendancy,  after  a  contest  of  ten  years, 
but  if  Earl  Grey  was  aware  of  the  sacrifices  we  ha\  e  made  to  guard  from 
inconveniencies  and  loss  all  whose  removal  was  not  indisi)ensable  to  the 
security  of  the  administration  and  the  elUciinicy  of  the  public  service,  ho 
would  scarcely  desire  that,  after  thus  resisting  the  i)r<,'ssure  of  our 
friends,  for  the  protection  of  our  opponents,  we  should  be  left  for  the 
remainder  of  the  year  with  no  effectual  control  over  the  land,  finance, 
and  revenue  departments,  wanting  which,  by  any  party,  there  can  be  no 
efficient  or  satisi'actory  administration  of  alfairs. 

10.  His  Lord>hip  will  scarcely  believe  that  when,  in  conformity  with 
law  and  the  practice  of  the  mother  country,  members  of  the  govern- 


^k\ 


i:- 


y^ 


i:,^' 


572 


MINUTE  OP  COUNCIL. 


n  ■'  *^'^ 


l;l  ' 


m 


mcnt  who  had  accoitted  ofTico,  ascended  the  hustings  in  March  hxst,  they 
had  to  encounter  tin;  active  or  concealed  hostility  of  many  persons  liold- 
ing  ofllcial  employments,  and  that  at  least  one  head  of  adepartment  actually 
voted  against  the  return  of  the  Attorney  General  and  I'rovincial  sec- 
retary. This  sort  of  internal  eonllict  Earl  Grey  ■vvUl  at  once  perceive  is 
ir)compatihle  with  the  improved  principles  of  Colonial  government,  and 
must  render  any  administration  that  permits  it  very  weak  and  in(.'incient. 
His  Lordshi[)  will  find  in  the  hlue  hook  the  names  of  one  hundred  and 
sixty  oiricers  employed  in  the  civil  service  of  this  Province.  After  conduct- 
ing the  administration  for  months,  hut  four  removals  have  been  pressed, 
hut  two  or  three  others  are  required.  We  have  asked  for  no  olfice  that 
is  not,  or  has  not  been  made,  by  the  peculiar  circumstances  which  have 
arisen  here,  political.  "We  desire  nothing  that  we  arc  not  prepared 
to  surrender  to  our  opponents,  whenever  we  cease  to  enjoy  the  confidence 
of  Your  Excellency  and  the  sup[)ort  of  Parliament. 

11.  The  best  proofs  that  we  have  limited  our  claims  to  the  smallest 
number  of  ofiicers,  by  the  aid  of  which  it  could  ever  have  been  sup- 
posed that  resi)onsible  government  could  be  carried  on,  are  to  be  found 
in  the  facts  that  at  this  moment  the  secretary  is  the  only  oificer  friendly 
to  the  administration  in  the  Province  building,  within  which  the  chief 
business  of  the  country  is  daily  transacted ;  and  that  that  oflicer,  rather 
than  displace  gentlemen  having  I'amilies  to  support,  '.as  retained  in  his 
own  department,  where  the  strictest  confidence  would  seem  to  be  essen- 
tial, all  the  persons  he  found  there,  in  the  hope  that  they  may  be  pro- 
vided ibr  belbre  Your  Excellency  is  asked  to  sanction  other  appointments. 

12.  This  state  of  things  cannot  continue.  Wc  do  not  believe  that 
Earl  Grey,  who,  with  these  explanations  will  clearly  comprehend  it, 
will  for  a  moment  desire  that  it  should.  If  such  should  be  his  determi- 
nation, if  no  civil  list  bill  be  acceptable,  but  one  which  no  party  in  the 
Colony  can  carry;  if  the  land  bill  is  to  be  again  deferred,  and  the  organi- 
zation of  our  revenue  and  financial  departments,  and  the  inspection  of 
our  accounts,  to  be  postponed  till  pensions  are  provided,  which  the  Leg- 
islature dare  not  vote,  we  do  not  disguise  from  Your  Excellency  that  we 
see  before  Nova  Scotia  all  the  perplexities  and  difficulties  of  the  past, 
aggravated  by  intense  disappointment. 

13.  Knowing  the  activity  which  those  who  have  ever  resisted  the 
introduction  of  Constitutional  government  into  this  Province  have  dis- 
played, to  create  erroneous  impressions  at  the  Colonial  office,  and  by  no 
means  undervaluing  their  resources  or  the  skill  of  the  agents  they  cm- 
ploy,  our  first  and  obvious  duty  to  His  Lordship,  the  Secretary  of  State, 
to  Your  Excellency,  and  to  the  Legislature,  is  to  vindicate,  as  we  trust 


1'    (:. 


CIVIL   LIST  SKTTLED. 


573 


wc  liiivc  (lone  ill  tin'  niiiiiitc<  to  Ix'  ti'aiismlttril  liy  ilil^  inull,  tin-  inodcrii- 
tion  of  our  views  ami  llic  general  policy  ami  justice  ol"  the  measures 
passed  in  tlie  recent  session. 

Slioiilil  I'.arl  (ii'ey  (l<'sire  i'lii'llnT  iiiforniatiiiM,  we  are  content  lliat  one 
or  two  inemliers  of  Council  sliouid  proceed  to  England  to  i'unii>li  His 
Lordship  with  any  explanaiions  that  may  he  re(|nircd,  and  to  adjjust  (hs- 
tails  which  cannot  i)erhaps  he  so  easily  arranged  hy  coi'i-e.-pondeiici'.  It 
is  our  duty  to  make  every  rational  eH'oi't  to  hring  into  practical  opera- 
tion the  viewn  which,  we  helieve,  on  hoth  .-iiles  of  the  Atlantic,  are 
entertained  in  sincerity  and  good  faith  ;  to  do  this  we  will  iiiak(,'  any 
sacrifice,  and  exhaust  every  honorahle  resource,  llavinu;  done  so,  if  the 
country  is  thrown  again  into  confusion,  or  left  with  an  administration 
poweiless  for  good,  the  fault  will  not  be  ours. 
(Signed) 

Jamks  Pi.  UxiACKi;,  JMiciiAKf,  Tor.ix, 

IIuoii  l)i;i,L,  Jamks  I\I(  Nau, 

GKOU(ir.  11.  Yoi.xc,  Joskimi  IIowk. 

]Mr.  Huntington  and  'Mv.  Dcsbarros  were  absent.    I\Ir.  Doyle  was  sick. 
Halifax,  July  21,  1818. 


¥• 


Lord  Ci'cy,  on  receipt  of  this  nnnonstraiico,  waived  his  own 
opinioiis;  iuid  informed  Sir  John  Harvey  that  if  tiie  Legislature 
adhered  to  its  decision,  after  tlie  whole  subject  liad  been  re- 
viewed, he  would  advise  the  Queen  to  give  her  sanction  to 
the  bill.  An  address  to  the  crown  was  passed  during  this  ses- 
sion, and  Her  Majesty's  assent  was  signified  in  the  course  of 
the  spring. 

The  civil  list  was  another  vexed  question.  In  transmitting 
the  bill,  passed  at  the  last  session,  a  dispatch  was  forwarded 
with  it,  which  conveyed  to  the  Colonial  Secretary,  for  the  first 
time,  the  real  sentiments  of  this  country.* 

Voluminous  jirotests  against  the  bill  wcvc  for\varded  with 
this  dispatch,  and  encumber  the  journals.  They  were  answered 
by  a  miiuite  of  Council,  also  transmitted.  The  result  of  the 
thorough  sifting,  which  the  whole  subject  received,  was  the  final 
settlement,  with  some  modifications  of  the  bill,  suggested  by 
the  Colonial  Secretary,  of  questions  which  had  been  variously 
agitated  for  fifteen  years.     There  were  sharp  debate ,  on  these 

*  Sec  Aitpeiulix. 


I' 


:! :  ta 


4 


f 


^m 


574 


COMMISSION    OK   THE    PEACE. 


'  (i<  ! 


measure?,  in  wliieh  Mr.  Tlowt;  liiul  his  share  ;  but  the  tuples 
were  hnelcneyed,  iuid  his  views  un;  expressed  with  more  pre- 
cision in  th(^  (loeuiuent  to  whieii  we  have  referred  tluui  iu  any 
speeehes  which  we  liutl  anion^  tiie  re])orts. 

The  new  eoinniissiou  of  tlio  i)eaee  formed  a  fruitful  subject 
of  coiuplaiut  to  the  opposition  (hu-iuf^  tiiis  session.  It  was  de- 
fended by  J\Ir.  Howe  in  one  of  the  uu)st  abh*,  varied,  and  hu- 
morous speeches  that  we  ever  heard  him  deliver.  It  was  justi- 
fied by  the  House,  which,  on  motion  of  Mr.  Henry,  passed  the 
following  resolutions  :  — 

Whereas,  it  has  been  been  the  practice  from  time  to  time  mi  this 
Province  to  Issue  general  commissions  of  the  peace,  aflbrding  to  the 
executive  government  an  opportunity  of  correcting  the  defects  arising 
from  age,  incapacity,  and  other  causes,  and  of  renovating  the  list  of 
magistrates  in  the  several  counties,  in  the  least  offensive  and  most  con- 
venient mode ; 

And  whereas,  a  new  commission  of  the  peace  was  issued  accordingly 
in  the  month  of  November,  1848  ; 

And  whereas,  \\\  twelve  out  of  the  seventeen  counties  in  the  Province, 
only  a  small  number  of  die  justices  then  surviving  were  omitted ; 

And  whereas,  in  the  other  five  counties  more  extensive  changes  had 
become  absolutely  necessary,  from  the  undue  preponderance  that  had 
been  given  to  one  party,  which  created  amongst  the  people  feelings  of 
irritation  and  discontent : 

licsolvcd.  That  the  issue  of  such  new  commission,  in  November  last, 
had  become  indispensable  for  the  public  welfare,  and  for  restoring  con- 
fidence in  the  administration  of  the  local  affairs  of  the  several  counties, 
and  was,  in  the  opinion  of  this  House,  a  wise  and  beneficial  measure, 
expected  by,  and  satisfactory  to,  the  people  of  Nova  Scotia. 

We  have  not  been  able  to  put  our  hand  upon  any  satisfac- 
tory report  of  the  speech  on  the  new  commission.  The  only 
other  delivered  by  Mr.  Howe  during  this  session  worth  pre- 
serving, is  one  on  the  general  subject  of  education,  which  we 
give  below :  — 

Mr.  Chairman,  —  Having  no  desire  to  mingle  in  the  acrimonious 
and  somewhat  irregular  discussion  which  for  the  last  four  days  has 
occupied  the  attention  of  the  committee,  I  have  not  interfered  ;  but, 
feeling  a  deep  Interest  in  the  important  subject  of  education,  I  must  now 


it  ih(>  topics 
1  iiion'  pre- 
lum ill   any 

tfui  subject 

It  was  de- 

'cl,  and  iin- 

t  was  justi- 

passed  the 


time  i4i  tliis 
orcling  to  the 
.'fects  ari.sinj5 
:  the  list  of 
ncl  most  con- 

1  accordingly 

he  Province, 
litted ; 

changes  had 

CO  that  had 

feelings  of 

vcrabor  last, 
^storing  con- 
ral  counties, 
ial  measure, 


ly  satisfac- 

The  only 

worth  pre- 

,  which  we 


acrnnonious 

u'  days   has 

rfered  ;  but, 

I  must  now 


EDUCATION. 


575 


perform  the  duty  which  I  owe  to  the  House,  to  my  constituoiifs,  nnd  to 
the  country,  by  the  free  and  luu'eservetl  expression  of  my  sentiments. 
The  .-ubject  wc  are  called  to  consider,  not  in  the  singh;  aspect  in  which 
it  has  been  pr.'sented,  but  in  its  more  enlarged  and  <'ompr<'hensive  sense, 
involves  the  highest  interests  of  this  people,  and  offers  the  noblest  theme 
for  the  orator  and  state.-man.  "What  is  it,  sir?  Tni:  i;i)UCAtio\  op 
oi  It  voiTii  —  (if  tlio^e  who  are  to  be  the  comfort  and  the  solace  of  our 
declining  years  ;  of  those  who  are  to  b«!  the  owners  of  the  J'rovinco 
when  wc  j)ass  away,  and  the  parents  and  examplers  of  the  more  numer- 
ous race  liy  which  they  in  turn  will  be  succeeded.  Jn  what  spirit 
should  a  subject  of  this  niagnituih!  and  importance  be  approached?  The 
defence  of  our  country  unites  us  as  a  bund  of  brotluM's.  When  railroads 
are  to  be  constructed,  and  our  intercolonial  interests  advanced,  the  voice 
of  faction  is  hushed,  and  there  is  the  union  which  presages,  as  it  is  best 
caleulate(l  to  insure,  success.  The  erection  of  liglithouses  around  our 
coast  is  regarded  as  a  work  of  general  j)olicy  and  benevolence,  in  the 
consideration  of  which  we  rari'ly  disagree ;  and  how  honorable  was  that 
liarmouy  displayed  a  few  days  ago,  when,  by  unanimous  vote,  we  re- 
solved to  consolidate  our  laws.  Happy  is  the  country  where  such  ex- 
liibitions  are  frecpient,  and  where  the  occasions  for  them  are  diligently 
sought  by  all.  Shall  not  this  great  subject  of  education  then  unite  us? 
Is  it  wise  to  approach  it  in  a  mode  which  eainiot  fail  to  arouse  the  pas- 
sions without  heading  to  any  satisfactory  result? 

Our  population  now  is  estimated  at  three  hundred  thousand.  In 
forty  years  our  country  will  contain  a  million  of  people.  Our  children 
now  are  sixty  thousand.  In  18G9  they  will  be  one  he'idred  and  twenty 
thousand  ;  before  the  close  of  the  century  two  hundred  thousand.  Let 
us  contemplate  this  numerous  race,  for  whom  Ave  are  required  to  legis- 
late, trained,  intelligent,  erect,  self-confident ;  multiplying  by  science  the 
productions  of  the  earth  ;  indefinitely  extending  their  strength  by  mak- 
ing the  water  power  of  our  streams  do  the  work  of  many  millions ; 
traversing  the  ccjntinent  by  railroads,  the  surrounding  seas  by  steam  ; 
transmitting  their  thoughts  over  a  continent  l)y  electric  wires  ;  condens- 
ing their  physical  strength  on  assailable  points,  for  national  d(!fence,  and 
diffusing  intellectual  life  and  energy  over  a  progressive  and  happy  coiin- 
tiy.  Let  us  reverse  the  picture,  and  see  them  prone  to  hatred  and  civil 
strife,  choosing  education  and  ')ther  kindred  topics,  not  as  common 
ground,  on  which,  as  at  ancient  festivals,  deadly  weapons  are  laid  aside ; 
but  selected  with  the  same  feelimjjs  as  the  scenes  of  those  treacherous 
conferences  of  the  Fronde,  to  which  men  went  armed,  the  object  being 
to  stab  a  rival,  not  to  secure  the  tranquillity  of  the  state.     A  population 


;;     I 


r)70 


EDUCATION. 


t\ 


^i 


II  -  i 


i 


\  i     \i       ' 


1 ' 

L            1 

1 

|- 

1 

m 

fo  laii^l:f,  ?()  divided,  must  lie  ij^nioraiit  mid  weak,  a  mockery  to  their 
liei;;ld)nr-,  and  iiiii-t  idtimatt  ly  be  cnislied  liy  tlie  iron  heel  of  ihi;  spoiler, 
issiiin;;  from  some  of  tliose  powerful  eomliiiialions  which  even  now  over- 
ehadow  our  httrders.  This  r.e;;i^laliin.'  must  decide  wlia.  that  fiiluro 
nice  shall  1)0.  To  a  larye  extent  their  piospcrily  will  be  imhienced  by 
onr  measures  ;  they  will  be  inspired  or  cur.-ed  by  our  example.  The 
time  is  cominj,',  sir,  or  I  am  much  mistaken,  when  this  sulijcct  will  be 
approached  in  a  I'aiivr  and  calmer  sipirit.  1  had  hoped  that  that  time 
liad  arrived.  Wu  have  been  t<dd,  sir,  that  education  is  henceforward  to 
be  the  battle-ground  of  party,  and  thai  public  men  are  to  rise  or  fall,  to 
be  oh'valecl  or  overthrown,  npon  this  tidd,  which  shoidd  be  dedicated  to 
peace  and  generous  exerlion.  liydod's  blessing,  this  shall  never  be. 
lint,  sir,  the  time  shall  come  when,  if  e(hication  is  but  mentioned  liere, 
fartion  shall  be  hushed,  |)ersonal  rivalries  forgotten,  and  ambition  shall 
plume  her  wing  for  noble  flights  above  the  mire  and  strife  of  party. 
Ibis,  it  may  1m'  said,  is  strange  language  to  fall  from  my  lips.  I'erhaps 
Hi.  IMy  own  example  may  be  (juoted  to  condemn  my  precept,  by  those 
who  mistook  for  work  of  choice  the  dire  necessities  of  my  i)nblie  posi- 
tion. 

In  this  matter,  ns  in  many  others,  my  prlnciides  and  views  may  have 
been  misunderstood.  Struggling  for  a  Constitution  ibr  onr  country;  for 
the  defences  and  securities  of  freedom,  without  which  education,  property, 
and  even  life  itself,  arc  of  little  value;  engrossed  by  one  object,  anil 
keeping  it  steadily  in  view,  turning  my  face  to  the  enemy  wherever  he 
appeared,  it  was  not  possible  for  me  always  to  choose  my  wejipons  or  my 
ground.  Like  the  soldier  combatting  in  hot  blood,  when  the  bitter  waters 
of  the  soul  were  stii-red  to  their  very  fountain,  I  may  have  besi(!ged  the 
temples  from  wdiich  the  enemy  fired,  and  smote  them  between  the  horns 
of  the  altar,  lint,  now  that  the  strife  is  over  (and  that  it  is  the  bills  upon 
the  table  prove*),  I  would  be  the  first  to  repair  the  walls,  to  wash  the 
stains  of  conflict  from  the  pavement;  and,  if  I  dare  not  repent  of  what 
the  cause  in  which  I  was  engaged  forbids  mc  to  r-egard  as  sacrilege,  my 
heart  may  yet  exult  when  the  solemn  strains  of  harmony  rise  again  above 
the  din  of  battle. 

This  question,  above  all  others,  preeminently  demands  the  considera- 
tion, and  the  united  action  of  the  government.  The  time  is  not  far  dis- 
tant when  it  will  be  so  regarded,  and  the  measures  requisite  so  matured. 
But,  unfortunately,  at  the  present  moment  it  cannot  be  wisely  dealt  with 
by  any  party  or  set  of  men  that  can  aspire  to  conduct  an  administra- 

*  The  Civil  List  and  Departmental  Bills. 


EDUCATION. 


C>T 


linn.  Till' passions,  lli(!  pn'Jmlit'cs  of  ilir  |iM-f,  Imvi'  not  )i'\  -iili  iili  il, 
and  union  ol'  scnlinicnl,  in  a  popiilali«)n  .-o  tliviisiiiiii  a^  mit  .  Iiv  I'mitra* 
rit'iy  of  i-flif^ious  opinion,  is  not  ca^y  of  atlainincnt.  I  ImU  nluii-/  llio 
ranks  of  lin'  oppo-ition  ;  on  polllii'ai  (|nr«tinns  >iil]lcii'nily  iiiiilril.  on  iji'm 
they  arc  a  rope  oi  ami;  ami,  jiiilj.'in;;  from  the  opinions  i  \|iii-.i(|  liv 
my  own  political  issoeiiUiM  in  fliis  ilcliati',  tlicy  ai'c,  even  on  llic  cMllf;_'iiitc. 
Iiiancli  of  the  >iil.ic<  (,  wliicli  i.-  tiui  'lie  most  imporlani,  diviflcd  inio  ilinc 
sL'i'tioiis.  M\  lionoral)N;  fl'iriid  from  Varinonlli,  ami  xniic  oilici-.  arc  for 
no  collci,'!'  at  all .  ilic  SpcakiT  im<l  Iiis  followers  arc  llir  a  ( (illc;r(' in 
Halifax,  at  .«omc  huhtin'i^i'  time  aftcr'llic  ollicrs  arc  <lcstrt)yt  d  ;  wliilc  my 
learned  friend  from  TietoK,  i-*  lor  a  i'ollc^'c  anj  wlicrc.  Iml  wiiliuiit  tin- 
slijilitesl  indication  of  when  it  is  to  he  l()midcd,  or  win  le  ii  i-  tn  he. 
With  >ii('li  a  diversity  of  sentiment  [jrcvailin,"  In  the  |iroviiice,  tin  Lieu- 
tenant (Jovcrnor  tlnis  wix'ly  called  onr  attention  to  llie  -iihjert  of  ecliien- 
tion  in  his  opciiin;^  speech  :  — 

"The  acts  which  provide  for  the  support  of  cdncation,  and  I'ui-  the  cn- 
conraircmcnt  of  afrricnltnrc,  will  >liorlly  expire;  and  I  shall  he  'ii'atilicd 
if,  in  the  renewed  consideration  of  these  very  prominent  inleie-|s,  the, 
cxp(M'iencc  of  the  pa.-t  condncts  you  to  harmonions  and  -iicccv^fnl  legisla- 
tion." 

It  is  in  tlfn  spirit,  ^Fr.  Chairman,  that  f  approach  the  (lue-iii.ii.  In- 
structed hy  the  cxi)t'rience  of  fli((  pa-t,  and  <'onvinced  that  ii",  liy  mutual 
concessions,  harmony  can  he  sccnrc(l,our  lahors  may  he  ^ii<'ce»-i'iil.  The 
hill  hefore  the  House  is  no  novelty  to  me.  I  have  voted  l()r  it  two  or 
three  times,  and  shall  now.  It  was  originally  inti'odiiced  hy  my  honora- 
ble I'riciid,  the  Ial(;  member  for  Londonderry,  in  ISl.').  a-  a  part  of  the 
general  subject  then  under  our  discussion.  In  IS  1,;,  when  my  honora- 
ble friend  lor  Yarmouth,  again  asked  leave  to  introduce  il.  I  \./t'  d  with 
him.  On  neither  of  those  occasions  did  I  regard  it  nioic  highly  than  I 
do  now;  as  a  iletail  of  a  general  (piestion,  a  fragment  of  a  great  .-idiject, 
a  limb  of  the  tree  which  we  were  to  prune  ami  water,  bill  not  the  tree 
itself.  ]My  objections,  then,  have  been  not  to  the  bill,  but  to  the  mode  in 
which  we  have  been  irregularly,  and  as  I  conceive  most  unwisely,  dragged 
into  an  educational  discussion,  by  which,  at  last,  but  one  qu'-.^tion  can  lie 
decided,  and  that  in  a  mode  unnecessarily  invidious  and  ungracious. 
The  learned  introducer  of  this  bill,  had  he  done  me  the  honor  to  consult 
nie  on  the  subject,  would  but  have  evinced  the  confidence  di^iilayed  to- 
Avards  himself  and  others,  upon  most  im])ortant  occasions.  Had  he 
paused  to  reflect  that  this  topic  might  have  been  discus.-ed  and  disposed 
of,  with  some  regard  to  the  ])osition  of  the  honorable  and  learned  leadex* 
of  the  government,  and  to  the  sentiments  he  was  known  to  entertain,  he 
42 


.«^ 


j-:^ 


4k 


578 


EDUCATION. 


mifflit  liavc  folt  tlirit  lliorc  were  roasons  for  "oiiicc  into  tlio  committee  of 
the  wliole,  wliieli  coiilil  he  more  easily  iinajriiied  tliaii  explaiiieil.  lUit, 
whatever  the  motive  which  deiiieil  the  ordinary  eoiirtesy,  ami  to  our 
friends  the  advantage  of  the  u.sual  consuUation,  for  myself  I  make  no 
complaint.  I  am  ready  to  meet  the  question  now,  or  at  any  tiuK;;  and 
as  to  niy  learned  friend  and  colleague,  whether  the  l)ill  was  designed,  as 
it  is  calculated,  to  jjlace  him  in  a  false  position,  T  rejoice  that  In'  has 
manfully  defended  his  favorite  institution,  and  though  divided  from  his 
political  supporters,  has  thrown,  by  his  felicitous  eloquence  and  graceful 
inde|)endence,  a  charm  over  even  an  untenable  position. 

When,  on  a  former  day,  I  moved  to  go  into  committee  of  the  whole 
on  the  general  state  of  the  Province,  to  consider  the  sul.j(!ct  of  education, 
I  did  so,  because  to  debate  that  subject  on  this  bill  Avould  be  a  need- 
less waste  of  time.  "Was  I  right  ?  Four  days  have  been  spent,  a  single 
point  is  not  yet  settled,  and  the  general  subject  scarcely  approached. 
I  feared  that  by  an  attack  on  a  single  institution,  Ave  should  have  acri- 
monious debates,  and  personal  disputes,  that  might  have  been  avoided  by 
a  general  discussion.  We  have  had  them.  I  saw  that,  whih^  every 
thing  would  be  discussed,  but  one;  point,  in  the  end,  would  be  decided, 
and  that  we  should  have  at  last  to  go  into  committee  of  the  whole,  and 
go  over  the  same  gro'.nd  again.  Besides,  this  bill,  wdien  it  passes  here, 
may  be  perilled  elsewhere.  It  would  have  been  in  less  danger,  emana- 
ting as  part  of  a  general  measure  from  connnittee  of  the  whole,  and  go- 
ing elsewhere  sanctioned  by  a  large  majority.  Suppose  it  is  carried 
here,  we  must  wait  its  fortunes,  or  go  on  in  doubt,  discussing  the  general 
subject ;  suppose  it  lost,  we  must  commence  anew,  with  all  the  passions 
roused  by  an  invidious  and  fruitless  discussion. 

I  have  been  amused  by  the  reasons  given  by  learned  and  honorable 
friends  for  adhering  to  a  course  fraught  with  so  little  wisdom.  "We 
wish  to  clear  a  foundation."  For  what  ?  Have  they  told  us?  Do  they 
know?  Who  clears  a  foundation  till  he  is  ready  to  build  —  till  he  has 
the  estimate  and  the  design  ?  AVho  removes  a  pig  stye  till  he  knows  for 
what  lie  wants  tlie  ground?  A  Jewish  synagogue  may  be  an  offence  to 
the  Cristian  faith.  But  if  a  party  intended  to  destroy  it,  one  section  de- 
siring to  build  a  Turkish  mosque  ;  another  a  Chinese  i)agoda,  and  a  third 
an  English  church,  the  Jews  would  be  entitled  to  our  pity,  and  the  posi- 
tion of  the  Christians  would  not  be  much  improved.  The  Bastilc 
was  a  nuisance,  yet  anarchy  followed  its  destruction,  because  those  who 
razed  it  wanted  the  prudence,  the  cohesion,  and  the  unity  of  design  to 
put  any  thing  valuable  in  its  place.  Tlie  guillotine  rose  upon  its  ruins 
first,  and  an  Imperial  despotit-m  soon  after. 


EDUCATION. 


573 


committee  of 
laiiK'il.  r>ut, 
',  ami  to  our 
r  I  make  no 
[\y  liiiK! ;  and 
5  ilosigneil,  as 
that  lie  ha< 
itlcd  from  his 
and  graceful 

of  tlie  whole 
of  education, 
d  be  a  need- 
pent,  a  single 
'  approached. 
Id  liavc  aori- 
en  avoided  by 
,  Avhih^  every 
d  be  decided, 
le  Avhole,  and 
t  passes  here, 
uiger,  cmana- 
k'holc,  and  go- 
it  is  carried 
2;  the  "•funeral 
the  passions 

nd  honorable 

sdom.     "  We 

IS  ?     Do  they 

—  till  lie  has 

he  knows  for 

an  offence  to 

lie  section  de- 

a,  and  a  tliird 

and  th<>  posi- 

Tiic    Bastile 

se  those  who 

of  design  to 

ipon  its  ruins 


To  clear  foundations  without  being  ready  to  build  ;  to  dismantle  till  I 
am  prepared  to  make  use  of  tlie  materials,  is  not  my  mode  of  proceecling, 
and  never  was.  When  I  voled,  in  1813,  for  this  bill,  and  for  withdraw- 
ing all  the  collegiate  grants,  I  had  IMr.  Annand's  resolutions  in  my  hand, 
embodying  a  consistent  scheme  of  education,  the  very  foundation  of  which 
was  a  general  university,  to  1)0  endowed  out  of  the  money  saved,  and 
situated  in  the  capital  of  the  Province.  And  if  I  vote  now  tor  this  bill, 
it  is  because  I  am  prepared  to  build  '>s  well  as  to  destroy  — to  seciu'c 
equality  first,  and  then,  with  due  regard  to  existing  interests  and  institu- 
tions, to  lay  the  foundation  of  a  free  college,  independent  of  sectarian  in- 
fluence and  control.  It  is  possible  that,  amidst  the  conflicting  opinions 
and  adverse  views  of  friends  and  foes,  I  may  stand  alone.  I  have  often 
done  so,  and  may  again,  confiding  in  the  strength  of  my  position,  and  in 
the  generous  purposes  to  which  I  minister.  Happy  shall  I  be,  if  rest^m- 
bling  the  pile  that  stands  in  loneliness  amidst  the  billows.  Though  the 
lights  that  flash  around  it  reveal  the  deadly  strife  of  war,  its  steady  beam, 
cheering  Avhile  it  warns,  invites  the  combatants  at  last  to  a  haven  of 
sccui'ity  and  peace. 

Let  me  invoke  gentlemen  on  all  sides  to  turn  to  this  question  without 
refei'cnce  to  personal  rivalries  or  party  triumphs.  Suppose  this  bill  be- 
fore us  burnt,  and  all  that  has  been  said  upon  it  forgotten,  the  ability  and 
the  worth  of  my  young  friend  from  Sydney  would  still  be  as  sincerely 
prized.  It  surely  cannot  be  necessary  to  add  weight  to  the  chiracter  of 
my  honorable  friend  from  Yarmouth,  that  he  should  win  a  personal 
triumph  on  a  point  of  form.  I  listened  on  a  former  evening  with  much 
pleasure  to  the  Speaker's  narrative  of  the  early  history  of  King's  college, 
but  I  ask  him.  of  what  avails  ingenious  arguments  here,  if  they  end  but 
in  the  destruction  of  existing  institutions,  without  the  creation  of  any 
other?  And  whether  he  thinks  we  shall  not  deal  more  Avisely  with  the 
subject  of  education,  liy  mutual  com[)romisc  and  cooperation,  than  by 
splitting  the  house  in  halves,  and  driving  some  of  the  ablest  men  in  it  into 
determined  opposition:'  We  want  the  learned  Attorney  General  and 
the  learned  member  from  Anna])olis,  when  we  come  to  consolidate  our 
laws.  Do  we  not  want  them  now?  Is  ^iicrc  no  common  ground?  I 
think  there  is ;  and  to  both  these  gentlemen  I  would  say,  that  they  must 
be  iircpared  to  give  up  something  before  it  can  be  wisely  occupied.  I 
take  the  broad  subject  of  education.  AVe  all  agree  that  common  schools 
shall  be  maintained,  and  that  if  the  present  law  is  contiiuied,  the  largest 
possible  sum  shall  be  granted.  We  all  agree  that  the  people  should  be 
left  to  elect  their  own  trustees,  and  tha*,  the  management  should  be  pop- 
ular.    But  we  agree  further.     The  Attorney  General  and  the  member 


.1^ 


ijMl 


y-i 


Ifj:  , 


I 


t 

I 


!!■  vi^!; 


k      ) 
I 

Ik 


580 


EnUCATlON. 


loi  Aiin;i|u>li>  arc  :is  oiitliiisiastic  :is  ;niy  of  us  in  fiivor  of  :i  wiilrr  dilT'ii- 
sidii  til"  iniiiiiioii  .■^cliodl  |)i'ivil(\H('s  —  ill  Ihcl,  of  iiiiiv(M>;il  ('diicMlidii.  All 
ndniii  lii(  ililliciillics ;  liiil  iiiiilcd,  all  may  liaslcii  on  (lie  pciidd  wlicii  hy 
;i  vipti'oiis  clloil  tlu'y  may  lie  rcmovod.  Ail  arc  (Mjiially  anxious  to  clc- 
valc  our  (caclicrs  as  a  (•Ia^•s.  All  air  a.^rccd,  I  prcsimic,  lliat  llic  <'oiinty 
acadciniis  >Iiall  in'  maintained,  'riicrc  is  much  coinnion  ;:;ronn(l,  tlicii, 
and  if  \vc  dillcr  on  tlic  collcu;c  <|Ucstioii,  I  am  not  willionl  a  liopc  lliat  onr 
dilfcitMiccs  may,  I>y  (ho  application  of  a  siini)le  principle,  lie,  linally  ad- 
justed. 

'I"li(>  lir>t  projiosition  to  Avliicli  I  wish  (o  invil(>  att(Mition  is,  the  appoinl- 
ment  of  a  superintendent  of  education,  whose  Inisincss  it  shall  he  to  \  isil 
every  school  in  the  I'rovince  in  turn,  inspect,  its  uianaizemeut,  snLr;j;est 
improvements,  and  report  facts  connected  with  the  condition  oi'  educa- 
liop  year  I)y  year,  for  the  information  of  the  Lejj;islature  and  the  }j;ov- 
(M'limenl.  'I'lie  old  school  hoard  was  intended  lo  perforin  this  duty.  It 
failed  I'rom  its  sedentary  character,  as  any  similar  board  must  fail.  ISiit 
.somothinu;  better  is  rc(iuirod.  In  almost  every  coiinly,  almost  (>very 
year,  unstH'inly  and  perplexing  disputes  arise,  (he  merits  of  which  it  is 
oxceedingly  dilli<'ult  to  elicit  hy  correspondenco.  AVe  have  had  these  at 
Annaitolis,  ai  ("lare,  at  AVestport,  at  Shelbnrne,  at  Arichat,  at  IMiistino- 
doboit,  everywhere,  and  in  somo  oases  years  liavc  gone  by  before  the  facts 
could  be  discovered  and  gross  injustice  has  been  done  for  want  of  sufU- 
cient  information.  Into  all  such  controversies  a  snperiiitcndeiit  would 
iu<|nire  upon  the  spot  ;  many  he  woiiM  adjust  by  his  presenc(^  and  ad- 
vice, and  where  he  could  not  do  this,  he  would  report  the  facts  for  the 
decision  of  the  Executive.  Ibit  :i  su])eriutendent  would  do  more  ;  lie 
would  eollecl  inlbnnatiou  and  dilViise  it.  AVithout  having  jiower  to  inter- 
fore  with  the  iJOjuilar  control  of  the  trustees,  or  the  independent  action 
of  the  e()mmissii)ners,  he  would  act  as  an  aid  and  eouncillor  to  both.  lie 
would  oiler,  where  retpiired,  valuable  suggestions  as  to  the  site,  the  con 
strnction,  the  ventilation  of  sehoolhouses,  the  furniture  and  apparatn.s  of 
the  schoolrooms,  the  books  in  use,  and  the  mode  of  teaching.  If;\  gooil 
school  existed  in  a  county,  with  jioor  ones  all  around  it,  he  would  turn 
attention  to  ils  merits,  and  elevate  the  others  to  its  standard.  If  merito- 
rious teai'hers  were  Ibiind  in  obscurity,  he  would  bring  them  forward;  if 
districts  were  in  want,  he  would  know  where  to  supply  them.  If  schools 
or  academies  did  not  earn  the  Provincial  allowance,  he  would  at  once 
report  to  the  Hxet'utive.  vSucli  an  ollicer  would  do  more  to  systematize 
and  elevate  education  in  a  single  year  than  will  be  d<»ne  by  correspond- 
ence in  twenty,  and  the  moderate  expense  rccpiired  to  sustain  him  wouM 
be  repaitl,  by  value  rocoived,  ten  times  over. 


EDUCATION. 


r)8i 


wider  diirii- 
icalioii.  All 
•idil  wlicii  by 
ixioiis  to  de- 
ll llie  ••(Hiiily 
|:;i'(iiinii,  llie;i, 
liope  lliMl  (iiir 
le.  rmiiliy  ml- 

,  (lie  Mppoiiit- 
:ill  lie  It)  \  isit 
ii\enl,  siitri^est 
iuii  of  (mIiicm- 
iind  llic  ix,o\'- 
Ihis  duty.     It 
list  liiil.     l>iit 
almost,  every 
:)!'  wliicli  it  is 
:;  !i:ul  these  at 
t,  at   ;\liis(|iio- 
el'oi'e  the  facts 
want  ofsiilli- 
eiideiit  woidd 
;eiie(>  and  ad- 
i'acls  for  (he 
do  Jiioro ;  ho 
ower  to  intor- 
cndeut  action 
to  both.     lie 
silo,  the  oDii- 
apparatus  ol' 
i<j;.     If  !\  good 
would  turn 
il.      If  iiiei'ilo- 
1  forward  ;  if 
n.     If  schools 
koiild  at  oiico 
o  systoinatizi' 
y  corrospoiid- 
liu  him  would 


I  examined  the  other  ovoiiiiii^  Ihe  general  ali^traets  and  school  returns 
an<l  f<juiid  thetn  full  of  ai)surd  anomalies.  'I'liern  appear  to  lie  threo 
classes  ol"  sclunds  —  <rrammar,  superior,  and  conuiiou  schools.  AVhy  liie, 
two  li)rmer  exist  only  in  somi!  placi-s  and  not  in  others,  and  what  are  llu; 
distinctions  hct  ween  them,  no  man  in  the  government  or  in  this  I  Ioii<e  I  Ixr- 
lieve  can  tell.  'I'he  comities  of  ( 'nmherlaiid,  ( iuyshorongh,  and  Inverness, 
have  two  grannnar  schools;  (here  is  one  in  ISarrington  and  one  in  Mar- 
garet's IJay,  hut  none,  in  th(^  otlusr  counties.  AVhy?  iOast  Halifax  and 
Harrington  township  havc^  live  sujierior  scliools  ;  there  are  seven  in  Var- 
nionth  ;  three  in  I'iclou  ;  Hants,  ( 'olchoter,  and  (Inysl)orough  have  on(! 
each,  while  Kiehniond,  Inverness,  Cnndiorland,  Dighy,  and  other  counties, 
have  none.  Who  can  (ell  the.  reason  ?  In  (wo  grannnar  schools  in 
Cumhei-land  (here  aro  one  hinidred  and  nini!  sclnilai's  ;  in  two  in  Inver- 
ness, hut  sixty-seven  ;  in  one  in  I  lalifax,  hut  ten.  Fn  ('umherland  th<j 
people  pay  towards  these  schools  X"  100,  draw  i'SO  from  the  (reasury,  and 
te:ich  nine  IVee  scholars.  In  .Margaret's  IJay  they  pay  £51,  <lraw  .i"20, 
and  teach  no  {'t-a-  .scholars.  In  Marrington  (hey  pay  more;  (han  pound 
ibr  poinid,  and  teach  lour  IVee.  In  Inverness  they  draw  two  pounds  Hir 
every  one,  they  pay,  .and  leach  none  free. 

'i'ak(3  (h(!  superior  schools.  If  llic^  ahs(rac(  is  correct  and  the  term  ap- 
j)ropria(e,  (hero  are  two  himdred  and  twenty-six  scholars  in  \v,\<{,  Hali- 
fax, threes  hmidred  and  forty-six  in  Yarmouth,  one,  hundred  and  eighty- 
fivo  in  l*ic(ou,  one  hundred  and  lifly-three  in  (^uec^n's  and  ono  hundred 
and  sixty-six  in  (Ik;  township  of  Uarrington  receiving  a  superior  educa- 
tion, and  none  others  similarly  taught  in  all  the  other  towns  and  counties. 
Can  (his  he  tru(!?  yVnd  if  .-^o,  who  can  account  for  (hose  anomiilics 
and  disdnolions?  For  (hose  schools  the  people  of  YaJ'mouth  pay  £1  for 
overy  £1  thoy  draw;  the  peo|)le  of  East  Halifax  over  40.f. ;  the  peojile 
of  liunenhnrg  and  (Queen's  not  30,s'.  ;  the  [leoplo  of  (Ju^'shorough  not 
2C)s. !  Surely  a  superintendent  is  wanted  to  incpiire  into  this  condition 
of  things,  and  to  toll  us  the  roa.-^on. 

I  turn  (o  'he  counnon  schools,  and  find  in  my  own  county  that  Thomas 
Wilson,  at  the  Norlh-West  Arm,  teaches  sixty-one  chihlren.  The  peo- 
ple pay  i!(>  for  (In;  half-year,  and  he  draws  ,£8  ;  while  Sophy  Thom|)son, 
at  The  IMains,  (oache.s  eighteen.  The  peoide  pay  20s.,  and  she  draw.s 
£7.  Take  Annapolis.  Ichahod  Corhett  teaches  lifty-one  free  scholars, 
and  draws  £10  ;  James  E.  Wheelock  gets  £11,  and  teaches  only  four 
free;  liichard  Harris  draws  £11  for  teaching  forty-two  scholars  eleven 
months  ;  Bathia  Robinson  draws  but  £7  i'or  teaching  fljrty-seven  a  year; 
Henry  J.  Nuxton  gets  £17  10s.  for  teaching  forty-lour;  whih;  Jarvig 
Ilartt  gets  but  £11  liis.  for  teaching  ninefy-one  !  This  may  be  all  right, 
49* 


^V 


A 


582 


EDUCATION. 


3l 


m 


Ui 


if  3  :^: 

i 


J)nt  r  ('.'iiiiKif  compirlicntl  i(,  anil  I  doubt  if  there  is  .'i  man  in  the  Asscm- 
l)ly  in  tliis  I'cspcci  much  Aviscr  than  mysclt'. 

TakiiiLi'  I  he  au'LirrijcMtc  amounts  drawn  and  paid  for  common  schools,  I 
llnd  tliat  Halifax  and  (^)ii('(Mrs  pay  more  than  £2  for  every  .£1  drawn; 
IMctoii,  £-■) ;  IJiciimond,  a  tritle  over  I't.v, !  Surely,  sir,  this  cannot  be 
call(Ml  a  sy>lcm.  in  which  there  is  neither  uniformity  nor  justice.  A 
superiMlcndcui  would  do  nnicli  to  improve  it ;  but  lie  would  do  more. 
lie  would  ricvale  the  character  of  the  schools,  and  improv(!  (heir  internal 
<lisciplliie  and  oruauization.  At  iNIiiscpiodoboit  Harbor,  there  is  an  ad- 
mirable school,  which  the  t(>acher  has  broujj;ht  np  to  its  ])resent  eiricit^ncy 
by  jzcnerous  devotion  to  his  prolession,  and  by  introducinjjf  nKjdern  ini- 
provemeiils.  The  man  who  would  traverse  the  county  of  Halifax,  and, 
by  lecturinjf  to  llu;  peopl(»,  conferrinj^  Avith  the  trustees  and  teaching  the 
teachers,  elevate  all  the  others  to  the  sanu'  stiindard,  would  confer  an  ines- 
timable bles-iug  on  the  county.  An  enthusiast  might  do  it  for  love  of 
education  :  but  an  elllcient  man  may  be  got  for  a  moderate  sum  to  do  it 
not  only  in  this,  but  in  all  the  other  counties. 

Improvements  travel  slow  in  every  country  ;  in  a  new  one  they  are 
necessarily  tardy.  The  value  of  oat  mills,  of  com])Osts,  of  peculiar 
breeds  and  implements,  may  be  estimated  in  some  districts  ;  yet  years 
may  elapse  before  the  whole  population  obtain  th(^  iuii)rma(ion,  or  act 
upon  it  wiih  zeal.  ^Missionaries  traverse  every  section  of  tlu;  country, 
to  propagate  religion  and  temi)erance  ;  to  rouse,  and  to  reform.  Even 
in  politics  we  a(lo[)t  the  same  mode.  The  learned  mendjer  l()r  Annapolis, 
the  learned  S|»(>aker.  and  myself,  all  became  propagandists  in  our  turn. 
AYhat  I  want,  then,  is  an  educational  missionary,  enjoying  the  confidence 
of  the  government  and  of  this  House,  without  respect  to  i)arty,  who  will 
go  from  county  to  county,  and  from  schoolhouse  to  schoolhouse.  On 
this  subject  we  ought  to  agree  ;  and  I  trust  we  will. 

There  is  another  subject  well  worthy  of  our  attention.  The  establish- 
ment of  libraries  in  connection  with  common  schot)ls.  In  the  organization 
of  these  (and  £'>  would  give  a  hundred  useful  volumes  to  each  district), 
Ji  superintendent  would  be  of  great  value.  Without  attempting  to  dic- 
tate to,  or  control,  the  trustees  —  freely  elected  by  the  ])eople  —  lie 
would  be  an  agent  to  pm-ehase  or  import  ;  a  friend  ever  ready  to  advise. 
He  could  elfect  exchanges  of  books  between  diflcrent  districts  ;  so,  that 
if  a  county  possessed  five  thousand  volumes,  each  district  in  it  could 
have  access  to  the  whole.  The  elevation  of  our  teachei's  in  the  general 
scale  of  society  is  another  topic,  to  wdiich,  at  the  risk  of  being  tedious,  I 
feel  it  my  duty  to  call  the  attention  of  the  committee.  To  pay  them 
cfTieicntly  is  a  first  step,  but  we  must  give  them  a  pride  in  their  art  and 


V 


EDUCATION. 


nc. 


83 


1  tlic  Asscm- 


cnlist  their  combined  cnJipcration.  We  must  learn  lo  consult  tliem  ;  to 
care  I'or,  to  promote  them.  T  would  asseml)le  once  a  ycai-  at  least  all  the 
teachers  ol'  a  county  in  the  shire  town,  and  let  Ihem  discuss  the  sultjcet 
of  education,  and  report  their  sugfrestions  and  advic(!  I'or  the  jfuidiuice  of 
the  Kxccutive  and  iIk^  Legislature.  This  would  make  th.ein  acMpiaintcd 
•^vith  each  other, and  with  each  other's  modes  of  teaching;  it  woidd  excite 
an  honorahh^  pride  and  a  spirit  of  generous  emulation.  And  who  can 
doubt  that  many  valuable  suggestions  would  emana((!  from  tliese  meet- 
ings ?  I  would  reserve  one  or  two  county  ollices,  in  (he  gift  of  the 
Executive,  as  (Ik;  rewards  of  long  and  meritorious  service,  in  the  noble 
art  of  instructing  the  young.  On  .such  topics  as  this  there  can  be  no 
serious  disagreement  here.  But,  sir,  there  is  another  bran(;h  of  this 
subject  that  well  deserves,  as  it  n.  y  well  repay,  our  grave  and  united 
deliberations.  In  18 li,  I  proposed  to  the  Assembly  to  foinid  free 
schools,  for  universal  education  over  the  length  and  breadtii  of  the 
I'rovince,  Had  that  proposition  been  adopted,  there  would  not  have 
been  at  this  moment  an  uninstructed  child  witliiu  it.  A  respectable 
minority  voted  with  me  on  that  occasion ;  but  a  majority,  fearful  of  the 
reaction  of  ignorance,  rejected  (he  i)roi)osition.  Circumstancies  were  not 
propitious  when  the  School  Act  was  revised  in  1815  ;  but,  if  wc  are 
united,  may  wc^  not  carry  this  ^'ast  improvement  now  ?  Tiie  property 
—  real  and  personal  —  upon  the  surface  of  Nova  Scotia,  is  estimated  at 
£15,0()0,(I00.  One  per  cent,  on  this  amount  would  giv(.  XloO,000. 
But  w(^  require  no  such  sum.  "We  now  pay  about  £12,000  from  the 
treasmy,  and  the  ])eople  pay  about  twice  as  much  more  ;  in  all,  perha]>s, 
i.".jr),O00,  or  less  than  C>s.  on  the  £100  of  all  we  possess.  And  this 
amount  educates  more  than  half  our  youth.  Double  it ;  raise  tiie  i)er 
centage  (o  10,v.  on  the  £100,  and  free  schools  would  be  provided  for 
every  child  in  Nova  Scotia.  We  may  not  venture  to  take  this  bold  step, 
but  sure  I  am  that  we  may  discuss  the  subject  amicably,  and  to  infmite 
advantage.  But  suppose  this  proposition  to  be  put  aside,  may  we  not 
largely  augment  our  school  fund  l)y  a  simi)le  process  without  pressing 
hardly  upon  any  portion  of  our  po[)ulation  ?  Can  wc  not,  by  a  slight 
tax  on  property,  descending  by  legacy  and  inheritance,  ci'cate,  in  every 
county,  a  I'und  which  (like  mental  light  money)  shall  be  sacred  (o  the 
objects  of  education  ?  On  an  average  of  thirty  years,  the  whole  hunuin 
race  pass  off  the  stage  of  life;  and  if  this  pcoi)le  possess  £1 '),000,0(lO  of 
property,  £500,000  descends  by^  legacy  or  inheritance  every  year.  One 
per  cent,  on  this  amount,  which  the  dead  would  never  miss  and  their 
heirs  would  cheerfully  pay,  would  add  £5000  a  year  to  your  common 
school  fund.     Two  per  cent,  would  give  £10,000  ;  and,  as  property 


M 


■  ■  u 

51- 


I 


l. ' 

■J 

,  M 


^^-m'  w 


IS! 


i*  IE* 


584 


EDUCATION. 


would  iiK'iTjisc  fiislcr  tliMii  popiiliilidii,  a  I'liml  iniitlit  thus  lie  st'cnrcd  lor 
tlif  iiltiiiiatc  Iraiiiin;^  of  all  llio  yoiitii  of  oiii-  coiiiitry.  I'anloii  mo,  Mr. 
C'liairiiiaii.  if  1  lirlicvc  tliiil  llicst^  lo|iics  properly  brjoii;^  lo  llio  siilijcct 
upon  wliicli  \v(>  liav<'  ciitfrcil,  ami  if  I  (•iilcrtaiii  llic  hdicf,  lliat  a  few 
hours  Miijihl  have  licni  \\<'ll  ciiiploycd  in  (liscussinj^  llicm  in  coniiniUcc- 
of  the  wholt!  II 


oust' 


I  COMIC  now,  sir,  lo  the  more  cxcilinu;  (opic  of  (lie  collejres.  AVIiatcvcr 
may  iiavc  Itccn  said  or  written  hy  friends  or  foes,  I  neither  created  tlio 
institnlions  nor  the  diilicnllies  which  they  have  jtrescnted.  Ivini^'s  Col- 
leire  was  (iinnded  l)eforc  1  was  horn.  Wlien  J  was  a  hoy  the  contentions 
ahont  the  I'iclon  Academy  had  heen  already  hoiJ^nn.  iMy  lirst  connec- 
tion with  it,  in  any  ollicial  capacity,  was  as  a  connnis<ioner  witii  .)nd;^(j 
Des  llarrcs,  to  iiKpiirc  into  and  report  on  its  condition  in  1S;.!S.  It  was 
then  a  wreck.  Dalhousie  College,  also  hnilt  when  I  was  a  hoy,  was  at 
that  time  nnoccnpicd  and  nscless.  Uy  comhininif  the  resoiiices  of  the 
two  I  hoped  to  found  a  I'roc  coUcgc  in  the  capital  of  the  I'rovii 


ice 


Th 


IS 


design   was   frnslratetl  hy  the  jjovcrnors  ol'  Dalhousie,  who  placed  three 


Preshvterian  cleri'ynKMi  at  the  head  of  its  cl 


isses,  passniLT  over  a  gi 


■ntlo.- 


jnan  of  acknowledt^ed  ahilily,  helonifing  to  another  denctmination,  therehy 
conferring!;  an  exclusive  character  upon  the  institution,  and  drivinjj;  the 
Uaptist  hody  to  hreak  off  from  the  rest  of  the  disscntinjj;  interests,  and  en- 
hirjie  their  semiiiary  at  Ilorton.  1  voted  for  the  charter  lo  Acadia  Col- 
lege, upon  the  ex|)n'ss  condition  that  no  lartier  grant  should  he  asked 
than  was  thou  given  to  the  academy.  Jiut  it  was  soon  found  that,  to 
))roduce  e(iuality,  the  grant  nnist  he  increased,  hut  even  that  did  not  sat- 
isfy, and  another  ,t"  1(^00  was  demandeil.  The  St.  jMary's  Seminary 
S])rung  naturally  from  the  desire  of  the  C;  I  holies  to  I»e  etjual  with  other 
religious  bodies.  The  Sackvillc  Acadeuiy,  fonnd<'d  hy  an  individual, 
was  adopted  by  the  ^lethodist  body,  who  :'allied  round  it  about  the  same 
time. 

AVitli  tliesc  institutions  shortly  after  I  oamc  in  the  Legislature  wc  had 
to  deal.     AVe  at  lirst  tried  lo  satisfy  all,  and  place   their   colleges   on   a 


level,  by  raising  the  new  ones  lo  an  e(piality  with  K 


m< 


Tl 


US   mo( 


lie 


was  foimd  to  be  burtliensome  to  the  treasury  ;  the  sectarians  were  dis- 
satislied,  and  othOi-  institutions  wen;  springing  up.  AVe  were  then  driven 
to  an  attempt  to  ecjualize  by  the  passage  of  JMeLelland's  bill,  by  with- 
drawing all  the  grants,  lo  enable  us  lo  ibuud  one  central  university  free 
from  denominational  control.  This  led  to  the  lierc(i  conflicts  of  1813. 
In  that  year  the  question  of  one  cenlral  university  as  ojiposed  to  sectar- 
ian colleges  was  fairly  presented  to  the  coimtry.  It  was  discussed  at 
public  meetings,  in  the  press,  and  in  every  village  and  har.'lcl  oi  (he  in 


KDUCATION. 


585 


ItM'iop,  Tlir  clrclions  fullowcil,  mihI,  ms  I  liiivc  (.'vcr  (•(nilriidril,  ninl  assert 
now,  till'  foiinlry  dccitlcd  in  om-  liivor.  15iil  tlic  (|iicvti,,ii  d'nl  not  coino 
li|)  for  dis(Mi<si(»n  in  llic  Lc;,'isl;ilin'c  initil  IN  l."».       In    ilic    nirantinir    llio 

coidilioii  liail  1 n  di>.>nlvt'd.     Tiic  Icaruril  nifudxT   lur   Aniia|M)lis  liad 

pos.^'sscd  lor  more  llian  a  year  pi'fvions  u  in(»iio|ioly  ot"  jialrona^i'  and 
power.  Some  inenilters  who  liad  Iteen  eleeled  liy  eoir^liluencifs  iViendly 
to  our  views  liad  lieen  won  over,  and  a  eonipael  majority,  welded  to- 
gether by  |iolitieal  eonlliels,  di'I'ealed  us  on  the  collcjfi!  (|n(  stioii.  l>iit 
■we  ^ot  a  hlow  from  an  nnexi)eetei|  (piarter.  An  emhryo  eolleifc;  had 
Pprnn;^  \\\>  in  I'lelon,  and  my  h'arned  Iriend  iVom  llial,  county,  lhou;f|i 
votinjf  with  \is  on  declaratory  resolutions,  lent  his  countenance  lo  llic 
system  we  opposed,  liy  acceptinii;  a  grant  of  I'lJ.jO  for  the  um:  of  his  own 
constituents. 

]\Ir.  (I.  1{.  Young.      Do  you  say  that  this  is  ;i  sectarian  insliliition  ? 

]\Ir.  Howe.  I  say  that  the  I'ictou  nienil)(.'rs  made,  the  majority  of 
three,  hy  which  th(!  grants  w<'ri'  carried,  and  that  they  shai'ed  the  spoil. 
Tiiat  the  conduct  (»!'  the  learned  menilicr  on  that  occasion  I  am  sorry  to 
recall,  .'uid  wi.-h  I  could  i()rgct.  It  was  had  enough,  Mr.  Chairman,  to 
be  beaten  by  a  combination  ol'  circmnslances  ;  it  was  wors<;  to  hav(!  oiu' 
friends  share  the  i)linider  with  our  enemies.  At  this  time  Dalliousio 
■was  a  wreck,  and  disgusted  with  IIk;  aspects  ])re.-ented  on  all  side-s,  1 
scarcely  thought  of  the  subject  of  education  from  181."*  to  1)^18.  Some- 
times, perh:ii>s,  1  indulged  the  hope  that  "  there  was  a  good  time  (\oming." 
It  lias  coni(!  at  last.  ]n  IS  17  the  college  (|uestion  was  not  beloro  the 
coimlry.  In  so  asserting,  th(;  li'arned  men\ber  lor  Annapolis  is  correct. 
It  may  liavc^  been  discussed  ineidt'ntally  in  a  few  jdaccs,  but  in  many  was 
not  even  mi'ntioned;  and  tlnj  elections  were  run  on  stirring  political 
questions  of  more  jtrominent  interest.  IJut  it  is  lusre  now,  and  nnist  be 
dealt  with.  Jt  comes  to  us  under  more  favorabh;  auspices.  Dalhousic 
lias  been  rescued,  and  is  about  to  be  brought  into  activity.  Thive  ex- 
perienced teachers  hav(!  been  engaged,  and  an  excellent  mathematician. 
We  have,  then,  tlw;  nucleus  of  the  coutemi>lated  free  ccdlege,  and  have 
now  lo  consider  which  is  the  wis(!st  course,  —  to  withdraw  the  grants 
from  the  country  seminaries,  and  handsomely  endow  it,  or  to  permit  it  to 
go  imobtrusively  into  operation,  continuing  to  the  existing  institutions  a 
moderate!  allowance,  nntil  its  metropolitan  resources  an;  developcnl,  and 
its  capacity  to  give  the  in.-truetion  they  now  aiford  is  fully  tested.  I 
confess  (hat  my  own  mind  inclines  to  the  latter  course.  We  know  by 
experience  (hat  ii  large  portion  of  our  people  favor  the  denominational 
mode  of  education.  Though  my  own  opinions  are  luichanged,  I  think  it 
would  not  be  wise  (o  revive  sectarian  bitterness  in  the  country  again  if 


Ii 


l'( 


I 

IS' 


w 

ii; 

ii 

|frj"^M|'- 

vMB-^ 

jii'^  ■ '"" ' 

ft*   * 

KM '' 

[(>.  t 

fe 

H 

1  [^Hv2^^^     > 

}|^ 

A 

7  IBM  ( 

^'. 

f)80 


KDUCATION. 


it  «';m  lie  nvttiilcd.  I(  would  lie  ('(|iiMlly  iiinvisc  to  Itrciik  down  scniiiia- 
ric-  doiiij;  iiiiii'Ii  jjood  lit'|')n'  we  li.ivc  rrplaci'd  lliriii,  liy  ..oiucdiini^  Ik'I- 
f  cr ;  to  scMttcr  classes  of  youii^  nun  pursiiiiit;  llicir  .studies,  until  wc 
liave  made  .-oiue  |>ro\  Ision  lor  eoniplelin^  their  education.  If  we  decide 
to  withdraw  the  small  j^rants  now  fj;iven,  we  nuist  at  once  lar;.'cly  extend 
the  endowment  ol'  Dallionsie.  AVe  cannot  lake  one  part  of  the  sclienio 
of  ISI.'i  and  leave  tlu!  otiur.  A^'e  nuist  take  the  whole  or  clian_!j;(>  otir 
luilicy. 

As  respects  Dalhousio  Colle^'e,  I  have  always  relied  under  j^ooil 
ni:uiafj;enient,  upon  the  resources  which  spi'ini;  naturally  from  its  central 
position  in  the  bosom  of  the  metropolis,  i'lu'  institutions  at  AVindsor, 
llorton,  and  Sackville,  however  nsefnl  or  respectahle,  stand  in  thinly 
populated  districts,  destitute  of  the  api)lianct>s  ami  aids  to  knowledge 
supplii'd  by  the  capital  of  the  Province.  'I'wenty  thousand  people  sur- 
round Dalhousie  within  school-i;oinu;  distance.  One  thousand  fannlicH 
Avilhin  that  space  can  an<)rd  to  send  oni^  boy  at  least  into  its  classes. 
Hundreds  of  persons  come  daily  into  Halifax  who  pass  tin;  other  semi- 
naries on  the  roail,  and  Iiinidreds  more  come  by  water  I'roni  the  towns 
and  harbors  east  and  west  who  never  see  them.  Suppose  on(^  or  both 
oi'  the  railroads  nuide,  the  po[)ulation  of  Halifax  ami  Dartmouth  ^vill  bo 
lii'ty  thousand  in  a  few  years.  This  population  now  have  a  strong  claim 
on  the  Lej;islature  ;  in  a  few  years  they  will  demand  that  sonic  provision 
be  made  for  their  education.  l)Ut  congregated  numbers  are  not  the  only 
advantage  possessed  by  Dalhousie.  If  y(»ung  men  are  destined  for 
the  law,  the  courts  arc  here  ;  if  for  the  church,  the  pulpit  orators  of  all 
(.lenominations  preach  in  Halifax  I'rom  tim(>  to  time.  If  the  medical  pro- 
fession is  j)referred,  hei-e  are  the  hospitals  and  dispensaries.  Young 
fellows  wlu)  are  intended  for  tradesmen  will  learn  more  in  llm  workslu)ps 
of  Halifax  in  a  week  than  they  coidd  pick  up  in  a  village  in  a  year. 
Those  who  desire  to  be  merchants  or  connnanders  have  the  ilags  oi'  all 
nations  lloating  before  their  eyes  every  day  ;  and  if  any  of  our  pugna- 
cious youngsters,  with  a  large  development  of  the  posterior  region,  arc 
ambitions  of  becoming  soldiers  while  studying  at  Dalhousie,  they  may 
take  lessons  in  the  military  art  by  mi-rely  looking  out  of  the  -window. 

Such  being  the  natural  resources  of  a.  metropolitan  college,  I  am  con- 
tent largely  to  rely  upon  and  to  develop  these.  All  I  ask  for  Dalhousie 
is  to  be  let  alone,  or  if  moderate  academic  grants  air  given  in  aid  of  the 
higher  branches  of  learning,  that  it  should,  if  it  qualities,  be  pcnnitted 
to  particii>ate.  If  it  is  put  into  operatior  without  any  needless  aggres- 
sion upon  other  institutions,  or  any  revival  of  denominational  hostility 
and  bitterness  of  leeling,   not  only  will  many  Churchmen,  Methodists, 


b  'i  1 


KDC'UATION. 


r>s7 


cliani^t'  our 


llaptisls,  iiiiil  Ciillioluv,  sfiul  llicir  sons  f(t  its  classes,  uttrarhMl  |»y  tlicir 
(•lM'a|iiif<s  Mini  cllifiriicy  ;  liiil  vomi;^  iiii-ii  wlio  liiivc  Ixrn  irniiicil  mI  S.ick- 
villr,  Kiii;i's,  Acailia,  ami  Si.  Mary's  will  ;j;<»  llirrc,  to  liiii>li  their  ciliica- 

lioii.     'I'Ih'sc  sciuiiiarics  will,  in    liict,  Im iiir   Ircdcrs   Iroiii    wliicli   llio 

(M'niral  iii>tiliilioii  will  lie  iilliiiiatrly  strni^rilicncij  :ini|  noiiti^lii'd.  If  it 
<rivcs  to  the  |io|)iil;ilinii  ot'  l!,'ilila\  (lie  lii^licr  brailclK's  of  nliicilidii  for 
X\  wliicli  now  co-l  i'lO  (H-  ila,  stinlcnts  will  not  \n-  wanllii;.',  and  in  a 
i\'\\  years  its  I'lirllnr  rndownicnt   may  l»c   sanctionrd   I»y  piddic  ()|(inion, 

iwn.      We. 


ant 


1  il"  ntM'cssary,  tlu-  ;i;rants  to  llic  other  seminaries  lie  willnlr; 
innsl  either  ;ido|il  this  mode  dl"  proeeeiliiiL;  or  earry  out  the  |i(iliey  (if 
IK  III;  Id  sweep  ;»way  exislimr  inslitiilions  and  leiive  nolhin;^  in  their 
stead,  as  seems  IoIk^  proposed,  would  he  iitler  lolly.  I'^nim  what,  I  know 
ol'  th(-  stale  of  pulilie  opinion  in  Nova  Seotia  :il  this  nionient,  I  do  ikiL 
lielieve  that  a  maiority  of  the.  people  would  desire  to  eripple  the  exi>liii^ 
institnlions  to  endow  one  ;  and  certainly  they  would  not  apjirove  of  sweep- 
inj^  aw.iy  the  seminaries  I  hey  have  il"  nothiii;^  hetter  is  to  Ini  created. 

r»tit  it  may  he  iisked,  would  yon  recd^fnizc  (he,  sectarian  jtrineiple  ? 
Wonid  y<Mi  endow  hall"  a  dozen  divinity  chairs?  Wdiild  you  make 
Dalhonsie  denominational'?  WonId  yon  continue  the  permanent 
grant  to  Kin;!;'s?  (y'erlainly  not.  IC  any  memlier  moves  a  resolu- 
tion here  allirminf^  the  principle  of  that  pass(!d  in  \H\'i,  I  shall  vole 
sifijainst  il.  I  will  not  j^ive  a  shillin^f  to  support  divinity  ehiiirs  any- 
'wliere.  Kallier  than  maki;  Dulhousie  deiiomin.ational  I  would  se(;  it 
lilown  np.  That  Kinji;'s  Collejj;e  may  share  the  fate  <it"  all  the  olli(;rs,  [ 
shall  vole  for  the  hill  hefore  the  House.  I  low  then  are  we  to  |iroceed  ? 
Is  Ihei'e  any  solution  of  dilliciillies?  I  have  rellecl<'d  niiicli  ii|ion  the  suh- 
j<'cl,  Mr.  Chairman,  and  I  think  there  is,  .-md  it  is  very  simple  ;  apply  to 
ihr  IiiLi;her  semiiiari<'s  of  iIk'  country  the  same;  pi'incipl(!  that  ydu  apply 
to  your  academies  and  common  schools,  lix  a  standard  of  iilility,  |ila(-e  ji 
i'mid  in  the  hands  of  commissioners,  to  hi;  a|)]ioint(!d  hy  the  (lovernor, 
and  allow  the  hiirher  seminaries  to  draw  fi'om  that  tinid  an  amount  not 
to  exceed  £200,  on  proof  that  three  professors  had  Ixjen  employed 
throuj^hout  tin;  year,  in  teachinj;;  IIk^  S(!ienc(!S,  the  classics,  and  the  moilern 
languajj;es.  15y  adopting  this  course  you  will  neither  recogni/e  the  de- 
nominational   principle,  nor   provoke   a  needless  contest  with   il.     Y 


ou 


rive 


to  tl 


lose  whodesiiH!  a  tree  umvc'rsity  the,  means  ami  the'  opporlumfy 


to  try  their  experiment  at  no  great  cost,  and  you  do  not  run  a  tilt  .against 
tlic  prejudices  and  predilections  of  thos(!  wlio  are  conscientiously  attached 
to  the  more  exclusive  plan  of  instnu^tion.  I  cherish  no  f(!elings  of  hos- 
tility to  any  of  the  existing  institutions.  I  never  attacked  any  of  thr>m 
till  unfairly  pressed  on  and  provoked.     But  1  iirefer  the  eoinhiiied,  the 


m 


588 


KPUCATION. 


[I    < 


B'l     i 


fvco,  (lie  I'roviiiciiil  (■nilownii'iil  litr  ('(liicnlion.  (fillers,  aiul  l»y  no  moans 
a  sniiill  |M>itiuii  ot'  our  pcuplt',  nay,  ol'  tin-  people  of  all  eoiiiili'ies,  prefer 
the  <le!iiiruiiialioiial  iiiofle.  As.suiiK^  ihey  are  wroii;;.  ami  I  lielieve  lliey 
are,  tlieir  opinions,  even  their  prejudiees  are  entitled  to  respect.  The 
learned  nu.'nilier  lor  Aiina|)oIis  and  I,  on  ihis  point,  are  as  wide  asnnder 
lis  the  poles,  and  yet  I  eannot  hut  adtniro  tin-  oonsisteney  with  whieh  he 
lias  maintained  his  opinions  at  every  personal  hazard.  lie  was  the 
lender  of  the  government  ;  he  mijrht  have  sat  upon  tlu;  bench.  His  pe- 
culiar vieus  of  education  created  all  his  enihai ";assments,  and  have  cost 
him  nil  that  he  lias  lost.  His  opinions  are  shared  hy  many  others,  and 
it  is  impossible  to  shut  our  eyes  to  the  fiiet  that  the  denominational  prin- 
ciple has  its  advantaj^es  as  well  as  its  evils.  Tlie  I'resbyterian  friends 
of  the  old  I'ictou  Academy  elun<;  to  it  when  it  was  oidy  a  wreck.  One 
individual  left  I'ltlOO  (o  Acadia,  another  £1000  to  Wii'dsor,  and  a  third 
£4000  to  Sackville.  The  friends  of  Acadia  raise  £(()(•  !i  year  by  volun- 
tary eonlributlons  ;  the}'  have  already  expended  £11,000  of  their  own 
funds;  and  within  tin;  last  year  the  alumni  of  Kinjr's  college  have  I'aised 
£2,o00  towards  tlie  support  of  that  institution.  It  is  eli'ar  th"n  that  the 
clenominational  principle  draws  forth,  and  dedicates  to  the  cau-e  of  edu- 
cation, funds  which  the  Legislature  could  not  connnand.  T(  is  etpially 
undeniabh^  that  boys  are  atti-acted  into  these  seminaries  from  the  rural 
districts,  who,  but  for  them,  would  not  be  educated  at  idl. 

Th(!  arguments  of  the  learned  member  for  Annapolis  on  these  points 
are  souiul.  The  diflen^nt  religious  bodies  nnist  have  their  divinity  chairs 
somewhere,  either  in  the  neighborhood  of  the  central  institution  if  you 
endow  it,  or  in  their  own.  And  why  not?  If  we  must  have  ministers, 
•we  may  as  well  rear  as  import  tluun.  You  cai  n  it  destroy  these  institu- 
tions if  yon  would.  You  may  withdraw  the  grants  and  endow  a  free 
college,  but  they  will  live  notwithstanding.  If  you  sweep  away  Dal- 
housie,  and  found  no  other,  Nova  Scotia  will  be  left  with  nothing  but 
denominational  seminaries,  and  you  will  have  done  tlw;  very  reverse  of 
what  we  intended  in  184.^?.  If  this  is  attempted  at  any  future  stage  of 
this  discussion,  I  shall  resist  it.  If  gen.tlemen  with  whom  I  have  hitherto 
acted,  adhere  to  the  policy  of  1848,  I  shall  go  with  them,  but  after  giv- 
ing the  subject  due  reflection,  I  see  no  necessity  for  asserting  or  nega- 
tiving an  abstract  principle,  when,  by  applying  to  the  higher  seminaries 
of  the  country  the  policy  which  is  applied  to  our  common  schools,  we 
may  arrive  at  a  practical  solution  of  a  very  difficult  question.  Fix  a 
standard  of  secular  education,  define  the  branches  to  be  taught,  and  the 
number  of  professors  and  students,  if  you  Avill,  and  then  give  as  you 
would  to  a  school  in  the  Baptist  settlement  of  Wilmot,  or  the  Catholic 


! 


EDUCATION. 


580 


»y  DO  mcuns 
ilrifs,  prcfi'i' 
lidicvi-  lln'y 
sprcl.     Tlio 
kidc  asiiiiilt'V 
ith  wliii'li  lie 
He,   Wiis  the 
•h.      His  i>o- 
1(1  liiivc  »*<)>t 
,'  ntlicrs,  iiml 
liUioiiiil  priu- 
oriaii  tViomls 
ivrrck.     One 
•,  ami  <i  tliiid 
•ar  Ity  volun- 
of  their  owu 
!  liivve  raised 
th'Mi  thai  the 
•nu-<e  of  ('(lii- 
T*  is  ('([ually 
»in   lij<'  rural 

th(S('  points 

iuity  chairs 

iitioii  ii"  you 

•('  ministers, 

icse  institu- 
iiilow  a  free 

away  Dal- 
nothing  but 
•y  I'o verse  of 
iure  stage  of 
lavc  hitherto 
lut  after  giv- 
ing or  nega- 
seminaries 

schools,  we 
tion.  Fix  a 
ight,  and  the 
give  as  you 
the  Catholic 


settlement  of  Chezeteook,  without  referencM^  to  sectarian  ili-linctions  of 
nianagement,  or  to  any  other  hrauehcfs  taught,  except  tliose  contemplated 
hy  law  and  for  teaching  wliicli  the  public  money  is  paiil. 

This.  iMr.  Chairman,  is  the  policy  which,  afl<'r  hearing  the  condicting 
views  ol'gentlen\en  all  round  the  House,  I  bcdieve  on  my  hoiioi-  and  con- 
science to  be  true  wisdom  at  the  present  time.  It  may  not  please  my 
learned  friends  who,  engaged  in  the  attack  and  defence  of  Wind-or.  like 
th(^  soldiers  attacking  and  defending  th(^  rrench  farm  house  at  AVaterloo, 
cannot  or  will  not  tak<'  an  enlarge<l  survey  of  the  whole  fiidd.  It  may 
not  please  tiiose  who  desire  to  aihrm  or  to  deny  an  abstract  princijde,  to 
which  oni!  portion  of  our  people  will  cling  ami  which  another  will  repu- 
diate, even  though  you  put  a  dozen  resolutions  on  the  journals.  It  may 
not  please  those  who  seek  a  pfirty  triumph,  or  wish  to  sweep  aw.'iy  every- 
thing and  build  np  nothing.  It  may  be  inconsistent  with  the  policy  of 
18 lo,  but  that  has  been  deliberattdy  abmidoned  by  Mr.  Iluiilington,  3Ir. 
Henry,  and  IMr.  Young,  and  but  languidly  alUrmed  by  the  honorable  and 
learned  Speaker. 

My  consistency  is  not  that  obstinate  (luality  which  adlnires  to  previ- 
ously expressed  views  however  circumstances  change.  I  perfer  to  gather 
up  the  experience  of  the  past,  and  act  upon  it,  and  I  must  have  been  a 
careless  student,  ind<'ed,  to  hav(^  learned  nothing  in  tin;  six  years  which 
have  elapsed  from  181.")  to  ISl',).  Experience  has  taught  UKi  this  ;  that 
wo  may  make  education  a  battle  ground,  when;  the  laure'.s  we  reap  may 
be  wet  with  the  tears  of  our  country.  That  wo  may  outvote  (*ach  other 
by  small  majorities,  to  have  our  doctrines  reversed  every  four  years. 
But  without  mutual  forbearance,  and  a  s[)irit  of  compromise,  we  can  do 
little  good,  and  make  no  satistactoiy  and  permanent  settlement  of  these 
questions.  3Ir.  Chairman,  I  regret  that  the  other  duties  incident  to  my 
position,  have  left  me  but  little  leisure  to  present  this  subject  to  the 
notice  of  the  committee  with  the  clearness  and  ability  which  it  ought 
ever  to  command.  I  know  the  value  of  education  by  the  want  of  it. 
The  portals  of  King's  were  closed  against  me,  as  ;i  dissent(M',  when  a  boy, 
and  when  I  hear  the  felicitous  ehxiuenee  of  my  learned  friend,  the  At- 
torney General,  I  might,  prompted  by  feelings  as  natural  as  his  own,  be 
disposed  to  hostility  to  the  institution  which  he  so  ably  defends.  I  have  no 
such  feeling.  From  the  old  man  between  wdiose  knees  I  was  trained, — 
who  was,  in  fact,  my  only  professor,  —  I  learned  to  respect  all  creeds  and 
all  professions  ;  to  prize  knowledge  for  its  own  sake ;  to  estimate  the  re- 
sources of  religious  zeal,  even  when  ill  directed,  and  to  prefer  peace  on 
honorable  terms  to  fruitless  and  aggressive  war.  Tn  the  spirit  imbibed 
from  that  early  training,  and  strengthened  by  our  past  experience,  I  would 
50 


I 


I.  ' 


690 


REDELLION  LOSSES  BILL. 


now  invoko  gcntlomcn  on  all  siilos  fo  doal  caltuly,  gciicroii-ly.  and  ui-dy 
with  the  yrctit  subject  Itef'orf  llic  lluiisf. 

Iluving,  ou  IIk'  floor  of  IIk;  Ass<Miil)ly,  unsiicccssfiilly  iirtsailcd 
the  Dcpartnicntiil  and  Civil  List  JJIIIh,  and  llic  new  C'oinmis- 
sioii  of  the  lVac(',  till!  opiKJsilioii  carried  their  coinplaiiits  by 
petition  b«'foro  the  House  of  Lords.  Nolhini^  could  In;  more 
absurd  than  the  attempt  to  invoke  the  interference  oi'  that 
august  tribunal,  in  (|nestions  so  |)urely  Provincial.  Hut  nu*- 
morials  were  forwarded  to  Lortl  Stanley,  containing  i'x-/tartc 
statements  well  calculated  to  make  an  inn)i('ssion  on  His 
Lordship's  mind.  It  was  fortunate;  that  the  goverjiment,  antici- 
pating some  movement  of  this  kind,  had  armed  Karl  (Jrey 
with  materials  for  a  valid  and  good  defence,  upon  all  the 
material   points. 

On  the  ^Tth  of  April,  1849,  Lord  Elgin  assented  to  the  Re- 
bcllion  Losses  Bill,  and,  ou  the  cv.Miing  of  that  day,  the  Parlia- 
ment House  at  Montreal  was  burnt  dowji.  This  outrageous 
act  was  followed  up  by  others  more  discreditable.  The 
Governor  General,  his  suite,  and  even  Lady  Elgin,  were 
pelted,  menaced,  and  openly  insult(>d.  A  league  was  formed 
which  issued  a  manifesto  publicly  advocating  annexation  to 
the  United  States.  These  events  startled  us  all  in  the  mari- 
time Provinces ;  and,  for  the  moment,  nobody  could  tell  what 
to  think  or  to  believe.  While  the  public  mind  was  in  this 
feverish  state,  Mr.  Howe  seized  his  pen,  and  dashed  off  a  letter 
addressed  to  the  chairman  of  the  l(>ague,  which,  though  pul)- 
lished  under  an  anonymous  signature  at  tlu;  time,  we  have 
always  regarded  as  one  of  his  happiest  productions.  It  set 
everybody  laughing  at  the  league.  Their  manifesto  produced 
no  effect  iu  Nova  Scotia.  This  letter,  under  the  signature  of 
"  A  Nova  Scotian,"  will  be  found  in  its  projier  place. 

Although  an  association  was  formed  at  St.  John,  New 
Brunswick,  and  some  spicy  resolutions  were  passed  in  the 
midst  of  commercial  depression,  the  sj)irits  of  the  people 
rose  with  the  price  of  timber.  As  responsible  government 
became  better  understood,  it  bore  its  legitimate  fruits  in  all 
the  Provinces.     Unexampled  prosperity  and  industrial  develop- 


Tin:   CKNTKNARY. 


591 


mont  (ncrywlioiv  followcvl  in  it?*  tniin,  and  wc  may  n(nv  i<ay, 
of  iill  North  Anicric'ii,  thai  llio  sound  of  'annexation  is  not 
licard  in  tin;  land. 

On  llic  *^lli  olMunc!  of  lliis  year,  wa-f  ('clcbralcd  tlic  (•('nt«'nary, 
or  hunihrdlli  anniversary  of  (Ik;  sedlenn-nt  of  Halifax  by  (gov- 
ernor Cornwall  is.  The,  whoh;  population  turned  out,  and 
marched  in  [iroeession  with  Hags  and  banners.  Mr.  IBi.'amish 
Miu'doek  delivered  the  oration,  and  iMr.  IIowo  i'LU*nished  the 
followini^  |)atrioti(!  Hong:  — 

SONG  roll  TIIK  CKNTENAUY. 

II. ill  III  llie  (lay !  wlicu  tiio  IJntoiiH  ciimo  over, 

Ami  pliiiiluil  their  standard  with  soii-foani  still  wot ! 
A'l'ivd  anil  ariiiiiiil  iw  tiioirsiiirils  «hall  huver, 

Ui'jiiiciii;:;  tn  mark  how  wc  honor  it  yet. 

Ik'Uiath  it  tlie  cnihkni.-i  thi'y  clioiisii'il  are  waving, — 

The  Kose  of  (,)hl  Kn^^laml  the  loail^ido  perfumes; 
Till'  SlianiPick  and  Tlii-tle  the  north  wimls  arc  braving; 

Seciai'ly  the  Maylluwer  lilu.shes  and  blooms. 

In  the  teni|il(S  they  founded,  their  faitii  is  maintained  ! 

Kvi'ry  foot  of  the  snil  ibey  b('i|iK'atlied  is  still  ours  ! 
Th(!  graves  where  they  moulder  no  foe  has  profaned, 

Hilt  we  wreathe  them  with  verdure  and  strew  tlicin  with  flowers. 


\ 


The  blood  of  no  brother,  in  eivil  .strife  pour'd, 
III  this  hour  of  rejoicinj:,  eueumhers  our  souls  ! 

The  frontier  's  the  field  for  the  patriot's  .swonl. 
And  eur.^cd  is  the  weapon  that  faction  controls  ! 

Then  hail  to  the  day  !  'tis  with  memories  crowded, 
Deligbtfid  to  trace  through  the  mists  of  the  pjist; 

Like  ihe  features  of  beauty,  bewitehingly  shroudeil. 
They  shine  through  the  shadow^  time  o'er  them  has  oast. 

As  travellers  trace  to  its  source  in  the  mountains. 

The  stream  wliieh,  far-swelling,  expands  o'er  the  plains, 

Our  hearts,  on  this  day,  fondly  turn  to  the  fountain.s 
Whence  flowed  the  warm  currents  that  bound  in  our  veins. 


\m\  proudly  wo  trace  them !     Xo  warrior  flying 
From  city  assaulted,  and  fanes  overthrown, 

■\Vith  the  last  of  his  race  on  its  battlements  dying, 
And  weary  with  wandering,  founded  our  own  I 

From  the  (iueeii  of  the  Islands,  —  then  famous  in  story,- 
A  century  since,  our  bravo  forefathers  came ; 


592 


DEFENCE   OP  THE   CONSTITUTION. 


n-  ii 


'-i  ) 


And  our  kindred  yet  fill  the  wide  world  with  her  plory, 
Eidargiiij;  her  Empire,  and  spreadinf;  her  name. 

Ev'ry  lla,sh  of  her  j^'enius  our  jjathwf  y  enlightens,  — 

ICv'ry  iield  she  exjilores  we  are  he.koncd  to  tread; 
Eiich  laurel  she  ^^atliers  our  future  day  1(riy;htens, — 

We  jiiy  with  her  living,  and  mourn  with  Iier  dead. 

Then,  hail  to  the  day!  wlien  the  Britons  came  over, 
An<l  ]ilanted  their  standard,  with  sea-foam  still  wet ! 

Above  and  around  us  their  spirits  shall  hover, 
Kejoieing  to  mark  how  wc  honor  it  yet. 

Early  in  September,  a  convention  was  held  in  Halifax,  con- 
sisting of  del(>gatcs  from  Canada,  New  Brunswick,  and  Prince 
Edward  Island ;  who,  with  the  members  of  the  Nova  Scotia 
Cabinet,  discussed  and  arranged  various  questions  of  interco- 
lonial interest. 

Sir  John  Harvey  paid  a  visit  to  the  eastern  counties  during 
the  autumn,  and  was  everywhere  received  with  the  respect  and 
enthusiasm  which  the  Queen's  representative,  ruling  constitu- 
tionally, ought  ever  to  inspire. 

On  the  19th  of  March,  the  Hon.  Mr.  Johnston  moved  a  series 
of  resolutions,  aimed  at  the  new  system  of  administration, 
reflecting  severely  upon  Sir  John  Harvey  and  Earl  Grey,  and 
demanding,  as  a  panacea  for  all  the  evils  of  which  he  com- 
plained, that  the  Legislative  Council  should  be  made  elective. 
These  resolutions  were  enforced  by  a  very  elaborate  speech, 
characterized  ])y  much  ingenuity,  and  a  good  deal  of  bitterness. 
The  task  of  replying  to  the  leader  of  tire  opposition,  devolved 
upon  Mr.  Howe,  who,  on  this  occasion,  thus  addressed  the 
House :  — 

ILiviuijj  l)('pn  culled  upon,  Mv.  Cliairman,  by  my  liononible  and  li'arno<l 
friend  the  leader  of  ihe  administration,  as  Icing  more  familiar  with  the 
oorrcspondenee  which  lias  passed  on  the  various  topics  toucheil  upon  in 
the  speech  of  (he  honorable  and  learned  leader  of  the  opposition,  I  rise  (<^ 
vindicate  the  government  from  the  aspersions  wliicli  iiave  been  east  upon 
it.  And,  sir,  beibre  I  sit  down,  I  shall  give  to  the  committee  the  reasons 
which  prevent  me  from  sanctioning  the  series  of  resolutions  now  before 
us.  Th(>  honorable  and  learned  mover  will  allow  me  to  say,  that  those 
rcLoUitions  might  have  been  drawn  in  a  sjiirit  reflecting  more  credit  upon 


ii!       t 


DEFENCE   OF   THE   CONSTITUTION. 


593 


lalifax,  con- 
,  and  Prince 
Jova  Scotia 
s  of  intcrco- 

mtics  during 
;  respect  and 
ing  constitu- 

Dved  a  series 
ministration, 
rl  Grey,  and 
ich  he  com- 
ade  elective. 
)rate  speech, 

f  bitterness, 
on,  devolved 

dressed  tiie 


)l(' 


iind  lcanic<I 
niliar  willi  the 
u'IkmI  upon  ill 
sition,  I  risetii 
wvn  ciist  upon 
('0  till'  reasons 
11-^  now  before 
•ny,  that  those 
jre  credit  upon 


the  generous  fooling  and  good  taste  of  the  opposition.  lie  will  pardon 
me  when  I  tell  him,  that,  in  the  general  tone  and  teiideney  of  his  obser- 
vations of  yesterday,  as  -well  a-,  in  the  ,-triietnre  of  his  resolutions,  a  design 
is  palpable,  unfairly  and  uiigetieroii-ly  to  drag  into  this  diseussion  those 
Avho  should,  under  our  presi'Ut  C'onslitution,  be  kejit  entirely  free  from 
aniinadversiun  in  our  piiblie  doeiunents,  or  in  the  language  used  in  this 
Assembly.  It  is  true  that  the  honorable  member  has  kept  himself  more 
guardedly  within  (he  privileges  of  the  House  than  he  did  last  year;  but 
still  it  will  be  apparent  that  there  has  l)een  a  desire  unfairly  to  reflect 
on  the  head  of  the  government.  1  regret  that  this  disposition  is  so  ap- 
parent. I  had  hoped  that  we  were  advancing  to  better  times,  when  dif- 
ferent feelings  would  actuate  us  ;  when  the  members  of  this  Legislative 
Assembly,  however  they  might  meet  and  grapjde  with  each  oIIkm*,  would 
pause  ere  they  invatled  the  sanctity  Avhich  surrounds  the  representative  of 
majesty,  or  unfairly  assail  the  conduct  of  the  Secretary  of  State.  I  say 
to  the  honorable  and  learned  member  at  once,  that  I  cannot  su]iport  liis 
resolutions.  Why,  in  the  very  third  line  Ave  are  called  on  to  assert  that 
"the  self-government  extended  to  the  British  North  American  Provinces, 
by  the  Secretary  of  State  for  the  Colonies,  having  placed  the  local  af- 
fairs of  the  Province  in  the  hamls  of  the  Executive  Council,  unrestrained 
by  any  control  on  the  part  of  the  Lieutenant  Covernor  or  the  Inn)crial 
government,  it  is  necessary  to  correct  the  anomalies  and  incoinTuicnccs 
unavoidable  in  the  application  of  Imperial  usages  to  a  Colony,"  «fcc. 
Now,  sir,  I  say  I  cannot  give  my  .-auction  to  such  an  assertion,  for  it  is 
not  true,  —  I  mean  not  to  apply  the  word  offensively,  but  I  know  of  no 
other  by  Avhicli  my  utter  difference  of  opinion  can  be  expressed.  The 
Executive  uncontrolle(l !  Sir,  the  honorable  gentleman  little  understands 
the  restraining  and  controlling  inlkienccs  possessed  by  the  (.^ueeii  .and  by 
the  Queen's  representative.  I5nt  how  docs  he  reconcile  that  assertion, 
in  the  preamble  of  his  resolution'^,  with  his  remark  in  the  concluding 
part  of  his  speech  of  yesterday,  that  "a  governor  might  come  here  who 
would  obstruct  the  party  obtaining  power,  holding  opinions  contrary  to 
his  own."  Sir,  they  cannot  be  reconciled,  and  the  honorable  gentleman 
must  feel  the  dilenuna  into  which  he  has  fallen  by  the  use  of  two  argu- 
ments so  utterly  contradictory.  Again,  the  preamble  goes  on  to  say, 
"Nor  is  it  less  obligatory  on  the  House  t-)  obt;iiii  more  stability  and  cer- 
tainty for  the  princii»les  of  Provincial  government  than  can  be  now  re- 
lied on  —  the  present  Secretary  of  State  for  the  Colonies  having,  both  in 
declar.itions  and  acts,  shown  (hat  a  minister  of  the  crown  in  the  adminis- 
tration of  Colonial  affairs,  may  hold  himself  free  to  disallow  what  a  prede- 
cessor in  the  exercise  of  his  official  function  had  established."  The  lionor- 
50* 


I 


If 


594 


DKFKNCE   OF   TIIK   Ct)N.STlTIITTON. 


nlile  ^cntloman  wishes  to  insure  s);iliilily  :iiiil  eerlMluty  lo  (uir  form  of 
•jjoveniiueiit,  ami  in  order  (o  ciVeet  lliis  most  (lesii-al)le  olijeet  lie  calls  upon 
(his  House  lo  aiil  liiiu  in  eliauixiug  (lie  ( 'onstitulioii  ;•.!  least  oiiee  :i  yi*ar. 
"Wliat  liave  we  iie\t?  "  A  minister  of  (lie  crown  may  lioM  liimself 
I'vvc  to  disallow  wlial  a  iiredecessor  in  the  exercise  of  his  ollici.nl  ihne- 
(ions  hail  estahlished."  What  arrant  want  of  all  constitutional  knowledM;e 
the  learned  leader  of  lh(>  oiipositlon  displays,  if  he.  really  peniK  d  this 
passage  in  a  spirit  of  ([uerulous  coinplaint.  AVhy,  sir,  uhat.  ar<>  minis- 
ters ot'tlic  crown  for,  under  our  admirable  system,  hut  to  advance  with 
the  spirit  of  the  a_i;e,  and  to  clian^i'  in  accordance  with  that,  sjjirit  what 
their  pi'cdccessors  liad  established?  Are  not  ministers  (diani^ed,  and 
cabinets  reconstructed,  for  this  esix-cial  end?  If  what  was  once  estab- 
lished could  never  be  chani^cMl ;  if  e.\trava,i!;ance  could  never  be;  re- 
tronidie(h  or  a  man  once  in  oilice  removetl,  we  should  be.  livint^  tnidcr  a 
(les|)oti^m,  and  not  imd(M' a  constitutional  monandi}'.  So  nnich  for  the 
iirst  reeiial.  The  second  ailirms  that  "the  Iiieiit<'nant  ( iovernor  has 
been  (h'liuded  of  all  i)ower."  Is  (his  tru(>  ?  The  hoiKMT.ble  member  may 
think  so.  but  .-appose  these  resolutions  were  to  pass  to-day,  sanctioned 
by  a  niajorily  of  the  Asst  :ubly.  the  honorable  and  learned  member 
Avould  soon  become  aware  of  the  power  wdiich  the  laeutenant  (lovernor 
still  wieliN,  and  wouhl  be  made  to  feel  that  he  had  (he  spii'it  and  indi'- 
pendence  to  exiM'cise  it.  Uut,  sir,  would  (he  honorable  member  wish  any 
Colonial  (Jovernor  to  exei'cise  a  power  altojrether  independent  of  the 
ropresenlalives  ol' the  people?  If  that  be  the  aim,  In-  would  fasten  u|)on 
this  people  a  system  despotic  and  arbitrary,  and  which  would  be  at  once 
ropudiati'd.  Xo  I  Sir.  the  honorable  t^jentleman  is  incorrect  ;  the  Lieu- 
tenant (lovernor  does  exercise  all  the  power  which  the  ( )iieen's  repre- 
pentali\e  can  or  oui:ht  to  possess,  under  resjionsible  iro\ei'iiment  ;  more 
he  does  not  claim  ;  less  his  present  ail\  isers  ANoiild  not  ask  him  to  exer- 
ei^e.  I'm.  apiiii,  we  are  told  that  were  lie  *■  lo  exercise  tliis  iudepen- 
dont  conlnd,  he  would  di>turb  the  principle  of  responsibility."  That 
uould  not  be  the  result.  AVere  any  (lovernor  lo  pursue  a  course  of 
n'cklessly  independent  conduct,  to  disretrard  liie  feelings  and  wi-hes  ot' 
the  pco|i!e,  iIk'  principle  of  responsiliilily  would  not  be  di-luibed,  but  it 
would  lie  iu'ouuht  into  play  to  check  and  control  him.  Dismiss  his  ad- 
visers, he  miiilit  ;  appeal  lo  the  country,  he  miulit  ;  and  wlial  would  be 
the  resuh  ?  IJack,  in  all  probability,  would  come  the  \ery  men  whom 
he  had  dismissed,  as  back  ouet'  cam<'  a  set  of  men  who  were  unfairly 
compelled  to  retire  ;  .and  (he  people  would  wre-t  llie  usurped  anlliorily 
from  liis  hands,  as  pi'omplly  as  ihey  would  sustain  a  (lovernor  unfairly 
pressed  upon  by  his  cabinet.     Sir.  a  Lieutenant  Ciovernor  has  privileges 


DKI■I•;^'CE   01'  THE   ('ONSTITUTION. 


r)05 


()  oiip  form  of 
t  lie  calls  upon 
;(,  (iiicc  !i  year. 
li(>l(l   hiiiisclt' 
s  ollicial   I'liiH'- 
)iial  kii()\vl('(lp;<^ 
\y   piMiiit  (1  this 
Iiat   arc  iniiiis- 
)  utlviiiH'C  with 
hal.  spirit,  what 
!   changed,  ami 
k'as  oiic(\  cslah- 
[  iicvcf  \h\   rc- 
li\  iiii;;  tmdoi'  a 
)  imu'h  lor  the 
,  (Jovcrnor   has 
Ic  lucinhcrinay 
(lay,  ^aiiclioiicd 
'anicil   lucmbci" 
•naiit  ( lovcriior 
s]iirit   and  Indc- 
cnihci'  wish  any 
pendent  o!'  the 
dd  I'aslen  upon 
)iild  1)(>  at  once 
•(■el  ;  the  Lien- 
(^)iiecn's  repre- 
I'l'nnient  ;  more 
sk  him  to  e\er- 
lliis  indepen- 
/il.ilily."     That 
ic  a  conrs(;  of 
-;  and  wi-hes  ol 
i>lnilied,  Imt    il 
Dismiss  his  ad- 
what  would   lie 
very  men  whom 
I)  were   nidairly 
urpi'd  authority 
)V(  rnor  unfairly 
>i-  has  privileges 


and  powei's  which  should  he  exercised  with  moderation  and  jiislice  ;  to 
ns(>  them  as  the  cnji;ines  of  oppression  would  he  hul^  to  overthrow  hims(  11". 
The  n-cilal  ;^ocs  on  to  say  t'lat,  "so  lonrr  as  Ihu  liienlenanl,  (!overiior  is 
to  he  viewed  as  the  head  of  tin;  I'rovineial  administration,  i^c,  he  nnist 
cither  sink  into  insii^nilicancMi  o'-  heconn!  tin;  in.^li'umenl  ol'  Ivxeciilive.  oh- 
slniclion."     What  the  honorahle  and  leanicil  mendter  mean-,  iiy  the  head 


)!•  tl 


le  adminislralion,  I  know  not;  hnt  let  me  inlorni  him  thai  llie  i/ieu- 


tenanl  (iovernor  ol'  Nova  Scotia  is  the  (^uei'n'.^  rej)rescntative,  and  that, 
my  honorahle  and  leai'uecl  friend  IIk?  Attorney  ( lenerul  is  the  head  of  the 
Provincial  administration ;  just,  as  liord  tlohn  IJussell  is  th(!  head  of 
the  ailministralion  in  the  mother  comilry.  I^ord  l'">l;:in  is(Jovernoi'  of 
Canada,  hut  iMr.  liafontaine  is   the   leader  of  tlu;  adminislralion,  and   in 


til 
1 


lis  position,  Ik;  and  his  collca,L,nies  exercise  the,  same  |iowers  and  privi- 


eires 


as   a  lirilish  administrati 


on 


IJul,  then,    if  the  (Iovernor  he  ih 


head  of  the  adminislralion  he,  nmsl,  ai'coi-din^f  to  the,  honorahle.  ;i,-entlc;- 
man,  "either  sink  into  insi;.^nilicanc(^  or  h(,'com(;  tin.;  instrument  of  iCxeo 
iilivc.  ohstrnction.  In  the  one  case  the  reverence!  due  the  .'-overei;.,^!  heing 
insensildy  dimini.sh(;(l  hy  the  conlempl  enu;eiidcred  foi-  the  oiliee  of  her 
representative;  in  th(!  other  the  harmony  of  the  i'rovince  heiu!^  (judan- 


tr< 


red  hy  the   violation  ol   a   principle,  which   tlni 


JJrit 


i.^li   ":o\criiment  in 


the   last    two  years  has  allirmed,  and    Marl  (irey  as  Colonial    Sccr(;tary 

•y."     The,  honorahle  and 


Jias  sea 


led  1 


y 


acts  () 


f  nnmislakahh;  siiinilican 


learned  meiiiher  mi^lit,  surely  have  couched  his  ideas  in  milder  terms. 
He  has  thouirht  til,  however,  (o  comniil  a  hr(;ach  of  all  jiropriely  hy  lev- 
elliiii^  his  sarca.-ms  at  the  (Queen's  representative,  instead  of  at  the;  ad- 
ministration. IJiiL  let  me  tell  that  honorahle  f^enlleman  that,  llu;  entire 
iiidej>endene(!  of  the  local  governmcnl,  in  tin;  sense  here  recited,  has 
never  heeil  ce ceded. 

I  admit  lliat  l,,oril   (li-ey,  liavin;^   frankly  yi(!lded   the,  principles  of  re- 


siionsi 


^1 
and 


hh 


ivernmeiil,  has  left,  them  here,  a 


S   111 


C 


iiiiada,  to  their  natural 


[luproiii'iale  ( 


lev.d 


opineiil  ;  ji;ivni.i^  us   good  cininsc 


I  wl 


leil 


lllllIvS 


lis  wrong,  and  hu.-haiidiiig  his  LM'eal  powers  for  great  oceasi(jns  ;  Ik;  does 
not  control  our  i'vvc  action  in  (pieslions  pnr(dy  Provincial,  or  irritate 
and  ohstruci  hy  ncedic,>s  inlerl'erenee.  l»ut.  l^ord  (jiey  could  yet  .-end 
his  instructions  to  dismiss  or  to  reinstate  any  oilieer  holding  ollice  dur- 
ing plea-nri';  and  the  leariUMl  nieniher  knows  right  well  that  th<!  power 
to  I'eject  measnri's  passed  hy  this  Colonial  Legislature  is  yel  retaineil  hy 
tlK!  home  ministry.  Having  then  shown  the  jireamhle  to  he  unsound  in 
principle,  as  well  as  unfair  in  ex|n'ession,  I  shall  hrietly  refer  to  the  res- 
oluti(jns.  The  lirst  oiiens  with  this  line  :  "  That  to  evert  the  evil>  of 
renewing  (jucrftions  of  government"  —  the  honorahle  gentleman   might 


I' 


.-!5!'l 


I 


59G 


DEFENCE   OP  TUB  CONSTITUTION. 


Iwivc  adiled  —  I  will  do  my  utmost  to  get  up  .a  partisnn  debate  iipon  the 
Coiistilutioii.      lUit  does  he  ever  expcet  to  prevent  the  discussion  of 
(piestioiis  of  {government  ?     If  so,  he  is  much  mistaken  ;  so  Ioiil;  as  men 
are  sent  here,  the  representatives  of  constituencies   in  this  I'l-ovinee,  so 
long  will  he   lind  that  (]uestions  of  government  will   he   renewed,  as  in 
every  popular  Assi'mhly,  day  hy  day.     Ihit  again  Ave  are  told  that "  Onr 
Conslilulion  having  hecn  establishe(l  hy  Imperial  authority,  it    is  proper 
that  the  Lieutenant  Governor  should  be  recognized  as  an  Imperial  func- 
tionai-y."     Why,    what   in  the    name  of  common   sense    is   he?      The 
Queen's  representative,  nnist,  to  a  large  extent,  he  an  Imperial  function- 
ary, ehai'ged  to  ])rotect  the  prerogatives  of  the  sovereign  and  the  interests 
of  the  Em|>ire  ;  hut  he  is  at  the  same  time  the  Governor  of  this  Colony, 
guarding  the-  interests,  and  advancing  the  welfare,  of  the  jx'ople.     Each 
of  these  honoral)le  obligations  is  perfectly  compatible   with  the  other. 
But  "he  is  to  hold  no  relations  to  Colonial  affairs,  beyond  the  ceremo- 
nials of  odlce."     Will  the  lionorable  gentleman  favor  us  with  the  scheme 
by  which  he  intends  to  carry  out  this  bright  idea.     Suppose  he  were  to 
walk  up  to  the   Lieutenant  Governor,  with   his  resolutions   in  his  hand, 
and  a  large  committee  of  this  House  at  his  back,  and  say,  ''Please  Your 
Excellency,  the  House  of  Assembly  say  you  are  an  Imperial  function- 
ary ;  "  the  honorable  member  might  wish  to  add  an  "  imperious  "  func- 
tionary also.     AVell,  tlie   Lieutenant  Ciovernor  Avould  naturally  enough 
reply,  "  I  cannot  help  what  the  House  of  Assembly  style  me,  there  is  not 
nuieh  in  a  name  —  we  need  not  dispute  much  about  it."     "  Dut,  please 
Your  Excelh'ucy,  there  is  something   else,  you  are  to  be  a  mere  nonen- 
tity—  to  be  denuded  of  all  power;  to  do  naught  but  wear  your  cocked 
liat   and  swoi-d  and  attend   to  the  ceremonials  of  oflice."     Eancy  the 
leai'ued  gentleman  in  a  position  to  use  such  language.     He  would  soon  be 
made  aware  of  the  fact,  that  the  C^ueen's   [)rerog!itive  is  a  little  too  pow- 
erful to  be  i.dii'u  away  by  such  resolutions  as  this  :     "  1  am  an  Imperial 
funclionary.''   His  Ivvcelleney  might  say;    ''and  you  seek  to  divest  rao 
of  all  tlie  (^)iieen's   prerogatives.     Tlu;   people  judgi;   first  between  you 
anil  me,  and  then  we  shall  se(^  if  the   sovereign's  power  here  does  not 
2)ass  for  something."     The  learned  member  once  accused  us  of  attempt- 
ing "to  wrest   the   prerogative "  from  a   Lieutenant   Governor,  merely 
because  we  chose  to   retire  from  his   Council,  when  we  could  not  concur 
in  his  acts.     He   aims  at  direct   usurpation,  and   would  surely  earn  his 
reward.     The  next  resolution  goes  on  to  say  that,  "  to  fix  this  character 
to  the  oflice,  it  is  [iroper  the  Lieutenant  Governor  should  be  paid  entirely 
by  the   Ini[)erial  government."     Suppose  that  resoluticui   carried;  does 
the  honorable  gentleman  think  that  with  his  salary  the  Governor  would 


DEFENCE    OF   THE    CONSTITUTION. 


507 


alf^o  suiTondcr  llic  iircro^ativcs  of  liis  oflico?     No,  sir,  (liry  wouM  be 
rctaiiu'd  slill,  ami   hr  used  ([iiiic  as   iiidcpciKlc'iitly  as  thouLjli  (he  salary 
Avas    paiil    ciitircdy  liy    tlic     I'l'oviiicc.     lie.  next  asserts  "  lliat  if   (liid 
I'ruvinn^  sliall  l»n  r<'(|iiir('d  to  ('(iiiliilnilt!  any  sum  towards  the  Govern- 
or's  salary,    i'JOOO   would     fully   meet    the   just  i)roiM>rtion " ;  and   the 
Avhole  drift  and  sli-ain  of  ihi;  honorahle  ifeiitleman's  arujnment  was  this: 
Lord  (!rey  h;is  disL;i'aced  and  delia^ed   himself;  and   for  what  ?  liecanso 
he   repudialeil   ]Mr.  I'^iirhanks' >'laim   to  I'dOO    in  perpi'tiiity,  the   salary 
lieini^  voted  in  an  animal   law  ;  heean^e  he  did   not  attempt  to  force  this 
I'rovinee  to  ji;rant  Sir  lliipert  (Ieorjj;e  a  retirin;^  allowance  of //<on'  than 
£700  a  year;  heeause  he  did  not   do  whsit.  ]m  had  not  tin;  power   to  do, 
self-government  being  eoneeded,  and   eho-e  to  exercise;   that  discretion 
■\vliich  a  minist(M'  of  the  crown    always  shoidd  exercise.      Sir,  after  a  ten 
years'  straggle,  this  Legislature  passed  tlu;  Civil  List  r>ill,  last  session 
by  which  Her  IMajesty  consented  to  give  up  the  casiail  and  territorial 
revenues,  upon  the  settlement   of  a   civil  list  for  the;  life  of  the  Queen. 
As  a  part  of  that  ari'angcment,  which  was  the  best  tliat  could  be  made, 
tlie  laeutenanl    ( Jovernor's  salary  was  fixed  at  £;jl)0().     The   bonorablo 
gentleman  would  now  ask  this  Legislature  to  re[)udiate  thai  contract;  to 
do  an  act  ten  thousand  times  more   flagrantly  nnju^f,  than  any  wdiich  he 
charges  upon  the  present  govermneiil  or  upon  Karl  (irey.    I  now  cf)me  to 
the  last  preamble  and  resolution,  which  he  aflh-ms  that  '"the  ciaistruetion 
of  the  present  Legislative  Council   is  inconsistent  with  tlu!  harmonious 
working  of  tla;  present  mode  of  govermnent."     Sir,  that  assertion  is  not 
true,  and  I  cannot  vote  for  it.     Since  the  introduction  of  the  responsible 
system,  no  inconvenience  has  been  found  to  result  from  the  construction 
of  that  body.      I  challengci  the  honorable   gentleman  to  ])ut   his  hand 
upon  a  bill  destroyed  by  the  Legislative  Council  of  this  Province,  or 
upon  one  instance  of  collision  between  the  two  branches  since  1811.     The 
Legislative   Council  are  not  ([uite  as  powerless   now,  i\or  would  they  be 
as  jiowerful  hereaftei',  as  he  woidd  wish  us  to  believe.     That  body  occu- 
pies the  ])()sition  which  it  was  intendeil  to  occupy,  and  maintains  a  rigid 
surveillance  over  tla;  ])roe(,'edings  of  this  branch.      Let  the   honorable 
gentleman  show   nu;   the  m(\isure   from  1<S11  to  IS  17,  whenj  that  body 
came  into  cctUision  with  this   House.     There  luis  been  none  from  181:7 
to  18i">().     There  is  none  now.     The  members  of  that  body  have  given 
lis  much  valuablt!  information  and  assistance',  but  no  one;  act  of  their's 
•warrants  the  honorabli;  and  learne<l  member  for  Aima[)olis  in  [)referring 
the  charge  contained  in  that   resolution.     IJut  let  mi,'  turn  the  honorable 
niembei-'s  attention  for  a  single  instance  to  the  old  Council,  a  body  much 
reverenced  by  those  on  his  side  of  the  House  ;  one  fact  will  enlighten  the 


Ih 


m 


■i.h 


Wi 


Wif- 


'L  ■'1  'i' 


598 


DEFENCE  OP  THE  CONSTITUTION. 


people  of  (hi.-!  country  riud  show  tlu'in  tlie  working  of  the  aiiomjiloug 
ami  unsoiiiul  oondiliou  of  tlihigs  from  wliich  I  hey  have  cscmiiciI.  Doch 
liis  mind  not  <^o  hiick  to  tlic  period  wiien  Iiill  after  hill  passed  by  this 
hraneh  was  uneeromoniously  rejeeted  hy  thai  old  C'oinieil  'f  I  eouiil  not 
help  thinkinir,  when  1  lieard  the  lionoraltle  j:;entleinan  inveii^hiuL;-  ai;ainst 
the  present  Couneil  yesterday  in  no  measured  terms,  that  were  that  sys- 
tem still  in  operation,  he  would  very  likely  have  found  hiin-elf  in  the 
position  in  whieh  T  Mas  in  18^7,  when,  after  this  House  had,  l»y  a  large 
majority,  pas>ed  resolutions  for  redress  of  grievanees,  including  tlu;  re- 
construction of  that  hody,  we  were  obliged  to  rescind  them,  in  order 
to  save  our  road  and  bridge  money  for  the  country.  Now,  then,  wo 
have  got  rid  of  that  obstructive  power,  the  efiects  of  which  are  recorded 
and  can  be  read  on  eveiy  page  of  our  history.  The  fault  Aviiich  tho 
honorable  member  linds  with  the  present  body  is,  that  it  will  not  act  as 
an  obstructive  and  irritating  power.  Were  the  honorable  gentleman  to 
come  in  lo-mori*ow  with  a  large  majority  at  his  back,  no  Council,  how- 
ever intelligent  or  intluential,  could  or  would  imi)ede  the  action  of  his 
government :  their  good  sense  would  teach  them  that  opposition  to  the 
^vishes  of  the  country  would  l»e  factious,  and  would  be  the  ruin  of  the 
very  principles  they  themselves  had  strenuously  maintained.  Sir,  the 
constitution  now  in  operation  rests  upon  the  '•  fiat  of  no  Colonial  Secre- 
tary," but  ujion  the  treasured  experience  of  fifteen  years  of  painful 
and  laborious  discipline,  it  is  based  u})on  a  great  principle,  upon  the  reso- 
lutions and  addresses  of  Canada,  New  Brunswick  and  Nova  Scotia,  and 
I  could  point  him  to  a  volume  of  tliem,  showing  that  while  the  British 
Colonies  have  won  for  themselves  a  Constitution  equal  in  expansibility 
and  strength  to  that  which  exists  in  the  mother  country,  they  have  Avon 
it  by  the  same  means.  Oiu-  sovereign  did  not  coul'er  it  upon  us  un- 
sought;  but,  bless  Her  ^lajesty,  ibr  not  refusing  it  when  tlu',  almost 
united  voice  of  this  people  craved  it  at  her  hands  !  We  owe  it  to  no 
Colonial  Secretary ;  we  wresteil  il,  step  l)y  step,  against  the  prejudices 
and  apprehensions  of  various  Secretaries  from  1837  to  18  17.  It  was  the 
vigor  and  intelligence  of  the  British  Colonists,  steadfastly  aiming  at  high 
objects,  that  won  this  victory,  and  the  honorable  and  learni'(l  member 
for  Annapolis  will  liiid  that  they  knew  what  they  were  about ;  it  was  no 
misshapen  bantling  they  nurtured  ;  and,  having  brouglit  it  into  the  Avorld, 
given  it  life  and  living,  and  marking  its  thriving  condition,  they  will  be 
prei)ared  to  watch  narrowly,  and  steadfastly  oppose,  each  change  that 
may  mar  its  vigor  and  ex[iausion. 

This  system,  at  lirst  oi)posed  by  all  parties  in  England,  has  since  been 
recognized  by  all.     When  Sir  Charles  Bagot  came  out  as  Governor  of 


I 


DEFENCE   OE   THE   CONSTITUTION. 


509 


Canada  to  suoochmI  Lord  l^mliain.  tlicrc  -wns  not  a  Tory  \vlio  did  not 
cxnil  licc;iii-r  111'  l)('lon;zi'd  to  tlic  old  (•(mscrviitivc  sdiool.  l>iit  Sir 
Cliarlt'scaMH' out,  and  with  a  I'rankncss,  impartiality, and  ninnliin's-;,  wliiidi 
was  crcdilal)!!'  aliki'  to  liini<clt'  and  tin;  party  of  wliicii  he  whs  ;i  mcin- 
l)cr,  yi(d(lt'd  to  the  majority,  and  Iiis  conrs*'  was  aMv  ;-ii>t!iincd  l)v  tlu; 
Colonial  minister  in  his  place  in  Parliament.  IS'ow  sir,  what  dan^rer  need 
wo  apprehend  from  this  fiat,  of  which  tho  lionoralih' and  learned  inenilier 
scorns  so  dreadfnlly  afrai<l  ?  The  learned  nu'ml)er  for  Annapolis  rcsistial 
the  introdnctioii  of  responsilile  yoverninent  while,  resislmiee  was  ])ossi- 
siljl(!  ;  hut  now  that  it  has  heen  inti-odnced,  in  the.  teelhof  his  opposition, 
he  says,  with  admirahlo  consistency,  I  resisted  it  iis  loni^  as  I  could,  do- 
nonnced  it  as  a  curse;  but  now  I  am  dreadfidiy  alraid  that  the  Colonial 
minister  Mill  destroy  it  all  some,  fme  day,  and  thoreibrc,  pass  my  rescdu- 
tions,  which  eiTect  the  sami;  end  hy  (lilVerent  means.  Sir,  if  there  be 
one  tliinj^  which  would  please  the  honorable  membtM-  and  his  i)arty  more 
than  aiijrht  else,  it  is  that  the  Colonial  minister  should  meditate  the 
attack  of  which  Iw  [Mr.  Johnston]  speaks  ;  but  that  is  ])ast  possibility 
I  am  not  the,  least  afraid  of  the  Colonial  minister;  I  should  be  willinj:jto 
trust  our  bainlinj:;  to  the  care  of  Karl  Gn^y,  but  would  he  much  afraid  to 
trust  it  in  the  hands  of  the  honorable  and  learned  member  for  Aimapolis. 
He  is  the  last  man  who  shotdd  complain  of  the  interlerence  of  the  Colo- 
nial S<'ci'etary.  ^\'hat  wore  he  and  his  friends  about  last  year?  Not  a 
drunken  magistrate  was  dismissed,  not  an  ofllcer  of  any  kind  removed; 
but  honn."  to  the  Colonial  olliee  went  remonstrance  uj)on  remonstrance, 
petitions  and  ])ray<.'rs  without  nnnd)er,  calling  njjon  the  Colonial  Secretary 
for  redress.  Why,  sir,  the  strongest  man  in  this  House  would  hardly  be 
able  to  carry  on  his  back  the  piles  of  these  documents  that  one  aftei"  the 
other,  packet  by  packet,  went  across  the  water.  The  honorable  gentle- 
man fears  the  intluenee  of  Colonial  ministers  much,  but  manifests  n 
strange;  subserviency  to  their  whims.  No  sooner  had  the  paper  contain- 
ing Loi'd  John  Kusscdl's  speech  appeared,  advocating  an  (deetive  council 
of  some  sort  for  the  Cape  of  Good  Hope,  than  "  on  that  hint  he  sjiake," 
urging  the  applicability  of  the  same  principle  to  Nova  Scotia.  I  have 
not  yet  read  the  speech,  having  during  the  session  enough  of  engrossing 
employment ;  but,  sir,  I  can  easily  imagine  that  at  the  Cape  tliis  ])rinci- 
plc  might  work  well,  and  yet  its  introduction  might  be  impolitic  in  Nova 
Scotia.  From  the  unhealthy  climate  of  Africa  they  have  scarcely  time 
to  3end  out  the  mandamus  appointing  a  man  a  councillor  ei'e  he  droits 
off,  and  therefore  may  be  compelled  to  elect  him.  TIk;  honorable  mem- 
ber complains  that  in  the  management  of  our  local  idfairs  we  are  inde- 
pendent ;  sir,  is  it  a  grievance  that  Nova  Scotians  are  allowed  to  be  so  ? 


l^i 


iTi 


^c 


n 


it- 


600 


DIIFKNCK    OF    THE   CONSTITUTION. 


TIo  for  ycfirs  inTvciilcd  llicin  (Vom  ()l)t;iiiiiii!,'  lluit  liooii  ;  lie  tliiiik^;  it 
<l;uijr<'r()iis  now,  iiiid  jrivrs  us  illiislralioiis  llic  cmscs  dt'  Mw  l-'airlmiiks, 
Sir  Hiipcrt  Gcor;,'!',  and  tlio  ina,iii«'lrary  ;  and  lie  wont  on  to  make  sinidry 
cliarp;os  a,u;ain-t  Ivirl  (ircy,  forjjicttin;;  that  ra(di  cliarirr  In-  iiri'l'circd 
Jif^ainst  His  Lord.-liip  was  r(nially  a  cliar;:!'  a<j;aiiist  a  majorily  of  tlie 
Iloust",  who  ]»ass(Mi  tlic  nit'asMr(!  wiiicli  Earl  Oray  sanctioned.  'J'Ik'  lion- 
oral)l(!  fTcntlcinan  vu](v/\/A'd  the  Colonial  Secretary's  dispatch  of  olst 
March.  lie  must,  indeed,  have  lia<l  a  pecidiar  liking  for  it,  for  if  I  re- 
member rightly  he  kept  it  close  in  his  jiocket  I'roni  the  ."l.-t  of  ISIareli 
down  to  the  following  year,  when  the  new  I lonse,  elected  in  ignorance 
of  ihat  dispatch,  met  to  shatter  his  ailininistralion.  Let  me  say  to  him 
that  none  of  the  acts  charged  npon  Karl  (.Jrey  exhihit  so  flagrant  a  vio- 
lution  of  every  principle  of  statesmanship  as  this.  Sir,  had  Lord  Grey 
kept  such  an  important  slate  ]>aper  in  his  pocket,  the  property  of  the 
liriiish  i)eople,  and  coneetded  it  for  months,  allowing  a  general  election 
to  take  place  without  making  it  public,  lu;  would  not  only  havr;  lost  his 
place  but  have  been  looked  upon  as  a  statesman  unworthy  the  confidence 
of  any  party.  That  was  done  by  the  honoral)le  gentleman  himself  in 
Nova  Scotia,  even  while  he  admitted  tln^  principles  of  responsible  gov- 
ernment. AVe  charged  him  with  the  connnission  of  the  act,  and  made 
liim  pay  the  penalty  as  far  as  we  could.  The  honorable  and  learned 
gentleman  might  take  into  consideration  the  dilliculties  which  surrounded 
him  in  his  public  career  and  make  allowances  for  others.  As  far  as  I 
have  marked  the  public  conduct  of  JOarl  Grey,  I  may  say  in  all  sin- 
cerity, that  as  a  British  minister  he  has  entitled  himself  to  the  thanks  of 
this  people.  Ihit,  sir,  Earl  Grey  is  the  descendant  of  a  house  which  the 
honorable  member  for  Annajjolis  does  not  like  ;  he  belongs  to  a  family 
Avhich  the  Colonial  Tories  have  always  haled.  Lord  Grey's  father  was 
the  father  of  the  reform  bill ;  his  relative,  Lord  Durham,  was  the  author 
of  that  celebrat(!d  report  which  destroyed  the  Colonial  system;  Ilis 
Lordship  himself  has  used  every  exi'rtion  to  confer  upon  this  people 
I'csponsible  government,  and  therefore  we  are  at  no  loss  to  traee  the 
origin  of  those  bitter  feelings  which  now  and  again  show  themselves  in 
the  learned  gentleman's  speeches  and  resolutions.  We  have  been  told 
that  Lord  Grey  has  repudiated  just  and  legal  contracts  ;  sir,  I  deny  it  — 
/  (h'ni/  it.  I  call  upon  the  honorable  gentleman  to  point  me  to  the  law 
■which  Earl  Grey  has  violated.  Did  he  violate  any  law  when  he  sanc- 
tioned the  Department  Bill  ?  None.  If  blame  attaches  any  where,  it 
is  to  this  Legislature.  L^id  he  violate  any  law  by  not  paying  the  arrears  ? 
None.  These  demands  wei-e  charged  upon  the  Colony  by  the  i)arlies 
themselves,  not  only  without  law,  but   in  defiance  of  a  law  passed  in 


^<i  !• 


DEFENCE   OP   THE   CONSTITUTION. 


GOl 


1811;  but  tlio  Provinoc  did  not  think  itr^clf  Imnnd  to  jmy  tli(  in,  and 
\\wiv.  \v!is  no  liiw  to  coiTCi'  this  Lcj^ishiturc!  or  the  ('olunial  s<HTctiiry 
cilliLT.  The  honoralilc  and  K'anicd  nicniltor  told  ns  tliat  tiic  only  reply 
received  to  the  aihh'esses  oi'  tlie  dismissed  nia^^ist rates  was,  that  Her 
IMajesty  had  received  them  "very  graciously ."  Now  he  nni-l  lie  aware, 
that  that  is  the  ordinary  form  of  acknowledgment  njion  tin'  rr((|iiii)ii 
of  an  jiddress  from  any  portion  of  Her  Majesty's  subjects.  Let  lae  tell 
the  honoralile  and  learned  gentleman  that  the  records  of  the  conntry 
show  that  Karl  (irey  has  manifested  no  want  of  geiierons  courtesy 
towards  those  who  have  not  made  to  him  a  very  generous  return.  Hut 
it  Avas  a  sin  past  tbrgivoncss  that  Earl  Grey  sanctioned  the  l)ei)arlmental 
IJill  without  attempting  to  force  us  to  pension  ^Ir.  Fairltanks.  Why 
should  hc^  attempt  it  ?  Here  was  our  own  otlicer,  paid  by  ourselves  with 
our  own  money.  Docs  not  the  lionorable  gentleman  know  that  the 
(^uocn  cannot  pay  ii  single  oflic(r,  even  in  England,  if  her  Parliament 
refuse  to  vote  tlu;  sahiry?  Suppose  Lord  John  Russell  were  to  confer 
upon  the  Chancellor  of  the  Exchcfiuer  his  oflice  ibr  life,  and  that  the  Cab- 
inet declared,  no  matter  what  change  came,  what  tidt;  set  in  against  tliem, 
that  he  should  hold  the  seals  of  ollloe  :  and  the  (^ueen,  acting  under  the 
advice  of  her  ministers,  gave  her  sanction  to  an  act  so  ilagrant.  ]5ut 
when  the  people  had  returned  a  majority  condemning  the  act  of  the  min- 
isters, could  the  Queen  do  more  for  the  Chancellor  than  Earl  virey  did 
for  Mr.  Fairbanks  ?  Sir,  the  honorable  gentleman  is  not  dealing  fairly 
with  this  House,  either  in  reference  to  Mr.  Fairbanks'  case  or  to  the 
arrears.  We  (ixed  a  scale  of  salaries  in  181  I;  the  bill  passed  is  exactly 
similar  to  that  of  ISll.  The  country  had  decided  in  its  favor  at  the 
hustings,  after  ample  discussion  ;  and  what  would  have  been  the  result 
had  Earl  Grey  refuse  1  to  sanction  it  ?  The  Colonial  ministry  would  have 
been  dissolved,  and  the  country  plunged  into  another  prolracted  strug- 
gle in  order  that  this  peoi»le  might  reassert  their  right  to  withhold  from 
any  man  oil'ice  or  endowment  to  which  they  did  not  think  him  entitled. 

I  come  now,  sir,  to  this  magistracy  story.  Let  the  lionorable  and 
learned  meml)er  read  Earl  Grey's  speech  in  Parliament,  and  he  will 
find  that  he  has  no  reason  to  complain.  Earl  Grey  did  not  disguise  his 
opinions  on  that  (question  either  from  the  Provincial  government  or  from 
Parliament.  He  treated  it  as  a  (piestion  of  general  policy,  involving 
infinite  detail,  which  could  only  be  wisely  dealt  with  within  the  Colony 
itself.  He  did  not  say  that  tort}-  magistrates  were  dead,  as  some  of  the 
papers  reported ;  but,  controverting  the  assertion  of  the  learned  gentle- 
man and  his  friends  that  one  hundred  had  been  removed  for  political 
reasons,  His  Lordship  declared  that  of  that  one  hundred  only  about 

51 


I 


t 


m 


f  i'  I 


C02 


DEFENCE  OF  THE  CONSTITUTION. 


forty  were  so  romovo^l,  all  tlio  rest  hvAw^  ilrad,  or  niiiovcd  on  si)ocifio 
grounds.  I  feci  liow  woarisotno  it  is  to  trouble  the.  House  villi  ilicso 
old  ftories,  and  yet  the  honorable  genthunnn  compels  us  to  travel  through 
them  merely  to  satisfy  his  propensity  for  grievanee  hunting,  lie  assails 
Earl  (Jrey  with  almost  every  term  of  invective  which  he  can  ralvc  to- 
gether. One  of  tlie  mighty  charges  which  he  jjrefers  is  that  His  Lor<l- 
sliii»  refused  to  take  notice  of  a  memorial  from  some  of  Her  JMajesty's 
subjects,  because  it  had  not  been  forwarded  through  the  ordinary  oilieial 
channel  of  communication  ;  and  he  styles  this  a  mere  technical  objection. 
Let  me  answer  him  by  a  set  off.  In  1810,  when  the  A«.sem!)ly  of  this 
I'rovince  —  a  large  majority  of  the  representatives  of  llie  whole  people, 
not  a  body  of  memorialists  —  parsed  an  address  to  the  crown,  pi-aying 
for  the  recall  of  the  Lieutenant  Governor,  and,  beli(n'ing  that  it  would 
be  unfair  to  put  such  a  document  into  his  hands  to  forward,  ordered  the 
Speaker  to  send  it.  Lord  John  Russell  declined  to  lay  it  at  the  foot  of 
the  throne,  or  to  take  the  slightest  notice  of  it.  Did  the  honorable  gen- 
tleman ever  complain  of  that?  Did  li«!  rise  in  his  plac(!  *n  Parliament, 
and  denounce  that  as  an  arbitrary  and  unjust  act?  He  and  his  party 
took  the  benefit  of  the  rule,  .nnd  he  has  suddenly  awakeneil  to  a  sense  of 
its  injustice,  and  bitterly  complains  of  its  a])plication  to  a  hole-in-corniM" 
address,  got  up  by  a  few  discontented  persons,  who  hap])en  to  be*  his 
friends.  l>ut  again  he  says,  "  Why  did  not  Lord  drey  pay  the  arrears?" 
I  answer,  simply  becaust;  he  had  not  the  ])ower;  he  eouKl  not  pay  them 
without  the  consent  of  this  Assembly,  and  they  would  not  consent.  Hut 
if  the  honorable  gentleman  deemed  these  arrears  justly  chargeable  ui)on 
the  Province,  I  ask  him  why  it  was  that,  while  leader  ol"  the  govern- 
ment, with  a  majority  at  his  back,  and  that  overflowing  treasury,  of  which 
he  vaunts  so  much,  at  his  conmiand,  he  did  not  j)ay  them  himself?  T 
will  solve  the  problem,  sir.  It  was  because  he  couM  not,  <lare  n(>t.  do 
so;  because  he  could  not  get  a  majorit}',  even  of  conservative-;,  to  aid 
him.  Then,  sir,  what  in  the  height  of  his  power  the  lionoral)l(i  gentle- 
man himself  neither  could  nor  dare  do,  he  stands  up  here  and  reviles 
Earl  Grey  for  refusing  to  perform.  The  honorable  gentleman  I'efei'red 
to  the  indemnification  of  the  rebel  losses.  .Sir,  we  have  business  of  our 
own  to  attend  to.  As  a  public  man,  I  might  approve  or  disapprove  of 
that  bill ;  I  am  here  to  express  no  opinion  upon  it.  That  bill,  howx'ver, 
ai)propriated  the  money  of  Canada  by  a  deliberate  act  of  the  Canadian 
Legislature ;  it  may  be  that  the  power  confided  to  the  people  is  not  al- 
ways wisely  used ;  but  is  it  right,  that  upon  every  misapplication  of 
funds  a  rebellion  should  be  got  up?  Whether  in  that  case  the  legisla- 
tors of  Canada  were,  right  or  wrong,  the  constitutional  judges,  the  only 


DEFKNCE  OF   THE  CONSTITUTION. 


no3 


tril>im;il  to  wlildi  ihoy  arc  nspoii-  ililc,  arc  the  people.  Sir.  is  it  not  non- 
sensical Id  iiije  llial  liie  Ciilouial  oHice,  overwlieliiied  liy  a  pfe<-'  of  Im-ti- 
ncss,  called  upon  to  alli'inl  lo  the  more  w<'i;_'lity  all'airs  of  the  Colonial 
governmeiits  owlii;:  alh'Lriaiiee  to  the  erown  of  Knj^laml.  should  l»e  dhliijed 
to  pass  npon  the  dismissal  of  every  drimkeii  or  incompetent  mairistratc, 
u[»on  every  (|n(^stiiiii  of  sahiry  or  a|>pointinent  to  olUce  'f  Why.  sir,  the. 
passage  ol'  tlie.  relin-m  hill  saciiliced  recorders,  town  clerks,  and  other 
odicors,  with  salaries  superior  to  that  which  IMr.  I-'airhanks  received,  hy 
Inniilrods.  I5nt  then  the  lionorahle  gentleman  argues  that,  liecanse  Par- 
liament did  n(»t  interfere,  their  power  is  gone.  I  differ  with  him.  Let 
liim  once  attempt  to  foist  u\>()n  this  connlry  the  doctrines   inculcated   in 

the   latter  part   of  his  speech,  and  he  will  soon  hecome  awai f  the 

grievous  error  into  wdiicli  he  has  falh-n.  Sir,  I  can  admire  the  manliness, 
even  though  T  deplore  the  error,  of  one  Avho  comes  holdly  forward  the 
advocate  of  certain  principles ;  but  lie  who  covertly  attempts  what  he 
dare  not  openly  avow,  occupies  a  place  much  lower  in  my  estimation. 
But  the  honorable  gentleman  has  dealt  in  an  equally  unfair  manner  with 
tlie  government  and  with  ths^  Lieutenant  (Governor  as  with  Karl  Grey. 
His  Excellency's  sins  are  threefold,  said  he  —  Mr.  Fairbanks,  Sir  Ru- 
pert George,  and  th(?  judges'  salaries.  Sir,  when,  years  ago,  I  first  en- 
tered this  Legislature,  the  Lieutenant  Governor  was,  to  all  intents  and 
pui'poses,  a  despot ;  l)ut  ho  is  now  a  constitutional  oflieer.  The  change 
which  lias  been  going  on  is  the  change  from  James  to  William ;  from 
the  state  of  Uritish  government  before  the  I'evolution  of  108S,  with  all 
its  despotic  and  lyrainiic  accompaniments,  to  that  after  1G8S,  which  gave 
extended  civil  and  religious  liberty  to  the  British  people.  Let  me  first 
refer  to  the  case  of  Sir  IJupert  George.  How  did  he  stand  when  the 
present  Lieutenant  Governor  came  lo  the  Colony  ?  His  irresponsible 
station  had  been  canvassed  over  th<!  coimtiy  for  years,  in  the  Legisla- 
ture, in  the  rural  districts,  in  the  press.  The  present  Lieutenant  Gov- 
ernor had  nothing  to  do  with  these  discussions,  nor  with  the  elections,  by 
•which  the  fate  of  parties  was  determined.  By  the  dispatch  of  the  .'Hst 
of  INIarch,  His  Excellency  was  instructed  so  to  form  his  administration 
as  to  include  certain  public  oHic(}rs;  and  in  allowing  Sir  Rupert  D. 
George  to  keep  that  dispatch  in  his  office  for  eight  or  nine  months.  Sir 
John  Harvey  displayed  a  confidence  in  the  former  government,  and  a 
regard  for  their  interests,  that  its  members  have  but  ill  repaid.  The 
princi[)le  of  responsibility  had  risen,  swelled,  extended,  and  been  recog- 
nized, before  the  present  Governor  came  here  ;  he  had  naught  to  do 
with  it.  He  found  certain  salaries  and  the  permanent  position  of  cer- 
tain oflicers  complained  of  by  the  i)cople ;  and  surely,  if  he  had  nothing 


a 


<< 


'•fi. 


f' 


cot 


nrPENCE   OP  TFIK   CONSTITUTION. 


,■ 


h'.M'    1 


to  do  willi  tlic,  «lisc'iissi()n  l»olun'  he  rcccivccl  ilic  (lis|)iit(,'li  of  tlic  "l<t 
Miu'cli,  he  was  n.'li(,'V»'(l  ('roin  all  rcspoiisiltilily  nl'icr.  In  it  he  was  iii- 
foniK'il  liy  hi"*  sovcrci^rn,  that  upon  \\\v,  isMiic  oi"  tlic  rlrciions,  llicn  np- 
jii'ii:icliin;f,  (U'pcndcfl  llu'  ti'Miirt'  l»y  which  certain  frcntlcnicii  lidd  their 
ollices  and  scats;  and  that  in  the  event  of  a  majority  heing  rdiu'iied  in 
favor  of  the  liheral  views,  tliey  shonM  he  oliliijed  to  retire  from  hotii. 
Tims  instrncteil,  tlic  elections  came  oil",  and  the  result  which  Lord  (!rey 
foresaw  took  place.  The  House  met  ;  !i  vote  of  want  of  conlidence  in 
the  then  ministry  passctl,  and  those  persons  were  obligeij  to  i-ciire  from 
the  government,  and  to  resign  tlie  olfices  they  held,  leaving  the  amounts 
they  were  to  receive!  !is  pensions  to  the  after  consideration  ot"  the  Legis- 
lature. The  honorahle  Attorney  iind  Solicitor  (leneral  at  once;  retired; 
they  knew  they  c(»uld  not  hold  their  positions  an  lioiir.  IJul  an  attempt 
was  made  to  retain  the  Provincial  secretary  in  office,  in  violation  of 
the  very  jirinciples  for  wlileli  Ave  had  been  contending;  and  tin;  lionor- 
ahh  gentleman  little  knows  or  appreciates  the  delicate  attention  and 
kindly  feeling  subsequently  lavished  by  the  Lieutenant  fJovernor  upon 
that  ollicer.  Sir,  I  believe  the  Lieutenant  Governor  went  to  the  great- 
est lengths  to  which,  in  his  position  and  with  his  high  responsibilities,  he 
dare  go,  to  serve  Sir  Rupert  George.  The  present  government  urged 
upon  him  that  these  offices  were  to  be  placed  entirely  at  their  disposal, 
and  he  could  not  refuse  without  violating  the  express  commands  of  his 
sovereign.  But,  sir,  I  can  hardly  help  smiling  when  I  hear  the  honor- 
able member  for  Annapolis,  with  doleful  look  and  sighing  Aoiee,  allude 
to  the  wrongs  and  injuries  of  poor  Sir  Rupert !  Why,  sir,  poor  Sir  Ru- 
pert has  been  drawing  from  the  treasury  of  this  Province,  ever  since  he 
left  office  ;  i!;"iOO  as  a  I'etiring  allowance  for  the  secretaryship,  and  £375 
from  the  registry  fees,  mak'ng  £87o.  This  simi  he  has  received  since 
his  retirement  down  to  this  time,  while  the  present  secretary  receives 
but  £700  for  doing  the  whole  duty  —  £170  less  than  poor  Sir  Rupert 
gets  for  doing  nothing.  I  complain  not,  sir,  of  the  emolument  I  receive 
from  my  coimtry  ;  but  it  ill  becomes  that  honorable  gentleman,  day  by 
day,  to  reiterate  assertions  of  which  he  must  feel  the  slight  foundation. 
He  made  reference  to  the  bill  which  passed  the  House  the  other  day. 
Sir,  he  well  knows  that  the  government  had  no  power  to  prevent  the 
passage  of  that  measure  ;  but  we  well  know  that,  strong  as  is  the  i)resent 
government,  and  strong  it  is,  supported  by  a  body  of  men,  who,  on  most 
occasions,  giv(!  us  their  generous  support  and  confidence,  while  we  could 
not  stay  the  passage  of  that  measure  hero,  had  we  attempted  to  force  it 
upon  His  Excellency  without  a  suspending  clause,  I  have  that  confidence 
in  the  manliness  of  his  nature,  and  the  resources  of  his  position,  that  I 


mOFKNCR   OP  TIIR   CONSTITtTTIOX. 


r,05 


ht'Iirvo  lio  woiiM  Iwivc  <1i-ini«s»'(l  ih  (Vom  liI->  Coiiiicil-.  ;ui(!  <ll--(ilv('(l  this 
House,  nitln'r  tliaii  -iilmiii  ti»  |iir->'iin'  which  hi'  iliciuiil  iiiirair. 

Now,  sir,  how  ha-i  the  I.iciiicnimt  (tovoriior  dcsiTvcd  the  tmmt-^  wliich 
till*  hoiioi'Mhli'  Mini  li'Mi'iicd  ^I'Mllcrnau  \n\^  shownnl  upon  him  touciiiii^ 
tho  case  of  iMr.  Kaiihauks?  What  man  in  his  sonscs  will  lihnnc  \\w 
head  <•!'  ihi'  frovi'i'iMm-iit  lipi*  ihc  po'^ilioii  in  whicii  that  fjrnlli'nian  >land>«? 
For  niyscil',  po  man  wonM  iro  I'urllicr  to  rcstoi-c  that  olliccr  to  the  public 
HC'i'vicf,  iha'i  1  ;  hul,  sir,  I  mu>t  deal  with  this  cnsi!  .is  it  has  Iummi  i)ro- 
sentt'd.  lie  was  appoiiifcMl  umlcr  the  late  administration.  Every  liill- 
top  in  the  country  runj;  with  the  cla^h  of  opinions  which  took  place  upon 
that  a|)p(iiMlnient.  "When  Sir  .lohii  Harvey  came  here,  he  (-((uld  not  still 
the  clamor  which  hail  Iteen  rai-^ed,  nor  ealuj  the  ieelin>rs  which  had  been 
excited;  and  the  Iionoi'alile  gentleman  well  knows,  that  the  present  ad- 
ministration were  pleili_'eil  to  the  country  to  remove  that  ollicer  upon  their 
nccossion  to  power,  because  of  the  position  he  occupied,  and  not  because 
\h\  was  personally  obnoxious.  Sir,  had  he  been  my  own  brother,  and  had 
it  been  necessary,  in  vindication  of  the  con-litutional  principles  for  wliicli 
we  contendiMl,  to  have  hanired  him,  I  should  have  submilteil  to  the  pain- 
ful necessity.  Sir,  if  we  had  conceded  this  principle  touchini;  the  treas- 
ury, wdiat  could  have  prevented  it  from  beinj?  made  applicable  to  the  of- 
fices of  Attorney  and  Solicitor  (leneral?  "What  restraininj^  influence 
woidd  there  have  been  to  ])revent  another  Colonial  Secretary  from  jiledj;;- 
inji;  any  of  our  oirices  for  life  to  individuals  he  desired  to  favor?  The 
honorable  gentleman  has  told  us  of  the  fair  nymph,  the  olfspring  of 
Thompson's  creative  fancy,  yielding  herself  a  willing  sacrilice  to  love's 
delicious  charms,  and  he  com|)ared  the  Lieutenant  (lovernor  to  her, — 
allowing  himself  to  be  led  by  the  advice  of  his  Council  to  sanction  his 
own  salary,  whilst  he  refused  to  others  tlieir  arrears  and  jx'iHions.  Sir, 
the  man  or  the  woman  may  be  pardoned  who  sins  against  ]iropriety  in 
the  heat  of  passion  ;  but  there  is  no  pardon,  no  excuse,  for  him  who  sits 
down  calmly  and  deliberately  to  ])lan  the  destruction  of  a  jx-ople's  liber- 
ties ;  the  violation  of  a  Constitution  won  by  the  perseverance,  and  dedi- 
cated to  the  protection,  of  his  country.  l>iit  what  did  the  Lieutenant 
Governor  do  in  either  case,  to  warrant  tho  poetic  license?  Did  he  hand 
Mr.  FairbaidvS  over  to  his  Council,  bound  hand  and  iijot?  Did  he  con- 
sent to  remove  him  from  his  office  at  once?  No,  sir!  though  that  de- 
mand was  made  in  February  18-l!-*,  His  Excellency  refused  to  yield. 
The  question  was  referred  to  the  Legislature,  and  debated  out  faii'ly  and 
fully,  and  the  Departmental  Bill  passed.  Did  he  sanction  that  bill  with- 
out a  suspending  clause?  No!  He  sent  it  to  England  with  all  the  ar- 
guments iov  and  against  it.  It  was  returned,  and  was  again  submitted  to 
51* 


I 


i 


^H 


ft 


606 


DEFENCE    OF   THE   CONSTITUTION. 


,      hi 


ihis  Tlfiii'^o  willi  Earl  Grey's  favorablo  nrgiiment  frooly  comiriiinicatocl.  A 
second  time  it  was  pussed  by  the  Lojiislatiirt'.  and  liiially  received  the  ' 
sanction  ot'  the  (^uofMi  in  Conncil.  What  more  conld  llie  Lieutenant 
Governor  do?  Nothing.  lie  gave  IMr.  Fairljanks  ('very  liiir  chance  of 
testing  tlie  feelings  of  the  coinUiy  npon  his  case,  and  snlunitling  it  to  liis 
sovereign  ;  Imt  when  his  removal  became  absohitel}''  necessary.  Sir  John 
obeye(l  his  instructions,  and  yielded  to  the  necessities  of  liis  position.  I 
come  now  (o  tlie  matter  of  the  judges'  salaries.  According  to  the  hon- 
orable gentleman,  the  Governor  was  to  blame  for  not  stipulating  that 
every  farihiiig  should  be  i)aid  to  those  olFicers.  Sir,  I  do  not  believe 
that  the  Governor  would  have  withheld  .1  single  pound  of  the  arrears 
had  he  been  allowed  to  consult  his  own  inclinations.  But  th(>  judges 
had  been  mixed  up  with  the  conflict  of  parties,  their  salaries  hud 
been  fixeij  and  settled  over  and  over  again.  I  was  called  on  for  my 
opinion  ;  I  gave  it,  and  I  still  believe  that  the  judges  of  tlie  supreme 
court  have  no  claim  to  higher  salaries  than  the  heads  of  the  departments. 
The  honorable  gentleman  knows  right  well  that  there  were  others  to  be 
consulted,  be-ide  the  Governor;  he,  I  am  sure,  showed  no  want  of  gen- 
erosity and  thought  fulness  in  the  course  which  he  pursued.  This  House 
was  the  tribunal  to  pass  npon  these  questions,  and  it  was  hardly  to  be 
supposed  tiiat  when,  fresh  from  the  people,  it  had  adjusted  these  salaries, 
the  Lieutenant  Governor  would  take  the  responsil)ility  of  interfering 
with  its  delil)erale  action.  The  commission  of  tlie  peace  also  furnished 
the  honorable  member  with  the  opportunity  for  another  display  of  his 
vituperative  powers.  Upon  the  accession  of  the  present  parly  to  office, 
it  was  felt  to  be  al)solutely  necessary  that  a  new  commission  should  be 
issued,  in  oi'der  tliat  the  old  one  might  be  purged  of  lho<e  deformities 
with  wlii(  li  l(jng  years  of  misrule  had  filled  it.  The  subject  was  l)rought 
to  the  iioiice  of  Ilis  Ivxcellency.  "Was  he,  to  break  n])  his  administration 
for  such  a  cause  ?  to  cast  back  the  country  into  that  state  of  cliaotic  con- 
fusion from  which  it  had  but  just  emerged?  And  bi^causc;  he  did  not  do 
this  act  of  folly  anil  madness ;  because  he  took  n  free  and  independent 
course  of  action,  tlie  honor.able  gentieman  thinks  he  should  l)e  but  a  IJoyal 
Commissioner.  Sir,  were  the  honorable  gentleman's  resolution  to  pass, 
and  h(^  to  convey  the  message  to  His  Excellency,  T  will  venture  to  alRrm 
that  the  an-wer  he  would  receive  would  complete  his  political  education. 
Yes,  sir;  and  were  he  to  go  to  this  people,  (o-morrow,  with  his  resolu- 
tions in  his  hand,  flu  3'  would  also  teach  him  the  difference  between  a 
Royal  Commissioner  and  the  Queen's  representativ(>.  From  both  mis- 
sions Would  he  retnr'  equally  instructed.  But.  sir,  I  really  thought  the 
honorable  and  learned  gentleman  would  get  through  one  speech  without 


DEFENCE   OF   THE   CONSTITUTION. 


GOT 


referring  to  lliat  old  pamphlet  of  mine.  I  had  onee  an  nnelc  who  was 
very  fo''d  of  lludihrus;  he  read  it  at  all  hours  of  the  day  ;  in  faet,  I 
believe  'le  prayed  in  lludil)ra»tie  verse.  So  with  the;  hoiiurable  gentle- 
man and  my  old  ])aniphlet.  Hearing  him  rei'er  to  it  .<o  ofien,  tempts 
me,  on  some  oeea^ions,  to  Inrn  it  up  myself.  He  ({noted  from  it  yes- 
terday, to  prove  that  in  1839,  I  held  tlu;  very  opinions  which  he  now 
inculcates,  and  I  looked  it  ;.()  with  some  degree  of  curiosit}'  lo  asccM-taiu 
whether  or  not  such  were  the  case  ;  and  upon  reference  to  it,  1  Ibund  that 
instead  of  sustaining  the  lionorable  gentleman's  positions,  it  negatived 
every  one  of  them.  I  found  just  ^vhat  I  ex[)ccted  to  lind,  that  my  views 
were  decidedly  opposed  to  his.  I  was  younger  when  1  wrote  this  little 
■work,  hut  I  am  glad  to  see  the  learned  member  refer  to  it  so  often. 

Mr.  Johnston.     I  have  not  a  eopy. 

Provincial  Secretary.  "Well,  1  shall  have  a  copy  bound  and  lettered 
in  gold:  ''The  Hon.  Provincial  Secretary  to  the  lion.  ]Mr.  Johnston," 
and  send  it  to  the  honorable  and  learned  member.  1  have  turned  to  the 
pages  of  my  ohl  pamphlet  and  what  do  1  TukI  •'  Let  uk;  read  the  hon- 
orable and  learned  member  a  passage  or  two.  Here  he  will  lind  the 
power  defined  of  each  branch  of  govermnent  under  dilVerent  heads. 

"  Tlic  Queen  (Old  ParUamcnt.  —  I  leave  to  the  Sovereign  and  to  the  Im- 
perial Parliament,  the  uncontrolled  authority  over  the  military  and  naval 
force  distributed  over  the  Colonies ;  I  carefully  abstain  from  trenching  upon 
their  right  to  bind  the  whole  empire,  by  treaties  and  other  diplomatic  ar- 
rangements, Avith  foreign  states,  or  to  regulate  the  trade  of  the  Colonies 
with  the  mother  country,  and  with  each  other.  1  yield  to  them  also,  the 
same  right  of  interference  which  they  now  exercise  over  Colonies,  and 
over  English  incorporated  towns,  whenever  a  desperate  case  of  factious 
usage  of  the  powers  confided,  or  some  reason  of  state,  affecting  the  pre- 
servation of  peace  and  order,  call  for  that  interference.  As  the  necessity 
of  the  case,  the  degree  and  nature  of  this  interference,  would  always  be 
fully  discussed  by  all  parties  concerned,  I  am  not  afraid  of  these  great 
powers  being  often  abused,  particularly  as  the  tem[)tations  to  use  them 
would  be  much  lessened  if  the   internal  administration  were  improved." 

"  TTie  Colonial  Office.  —  The  Colonial  Secretary's  duties  sliouhl  bo 
narrowed  to  a  watchful  supervision  over  each  Colony,  to  see  that  the  au- 
thority of  the  crown  was  not  impaired,  and  that  acts  of  Parliament  and 
public  treaties  were  honestly  and  firmly  carried  out;  but  he  should  have 
uo  right  to  atipoint  more  than  two  or  three  ofliecrs  in  each  I'rovinee,  and 
none  to  intermeddle  in  any  internal  affair,  so  long  as  the  Colonial  gov- 
ernment was  conducted  without  eonfiict  Avith  the  Imperial  government, 
and  did  not  exceed  the  scope  of  its  authority.     This  Avould  give  him 


i|lH 


'i',      \ 


i^ 


608 


DEFENCE  OP  THE  CONSTITUTIOiV, 


enough  to  do,  Avithout  heaping  upon  him  duties  so  burdensome  and  va- 
rious that  they  eannot  be  discharged  with  lionor  by  any  man,  liowever 
able;  nor  with  justice  or  safety  to  tlie  millions  whose  interests  they  af- 
fect. His  responsibility  should  be  limited  to  the  extent  of  his  power?, 
and  as  these  would  be  familiar  to  every  J'higlishman,  exposure  and  pun- 
ishment would  not  be  difficult,  in  case  of  ignorance,  incapacity,  or  ne- 
glect." 

Then,  sir,  after  showing  how  the  old  system  hampered  the  Queen's 
representative,  and  made  him  powerless  and  unpopular,  as  a  matter 
of  course,  the  contemplated  change, 'in  his  opinion,  was  thus  fore- 
shadowed :  — 

"  Tlip.  Governor.  —  *  *  *  Now  let  us  suppose,  that  when  a  Governor 
arrives  in  Xova  Scotia,  he  finds  himself  surrounded,  not  by  this  irre- 
sponsible Council,  who  represent  nothing  except  the  whims  of  his  pre- 
decessors, and  the  interests  of  a  few  families  (so  small  in  point  of 
numbers,  that  but  for  the  influence  which  office  and  the  distribution 
of  patronage  give  them,  their  relative  weight  in  the  country  would  be 
ridiculously  diminutive),  but  by  men,  who  say  to  him  :  '  May  it  please 
Your  Excellency, —  There  was  a  general  election  in  this  Province  last 
month,  or  last  year,  or  the  year  before  last,  and  an  administration  was 
formed  upon  the  results  of  that  election ;  we,  wdio  compose  the  Council, 
have  ever  since  been  steadily  sustained  by  a  majority  in  the  Commons, 
and  have  reason  to  l)elieve  that  our  conduct  and  policy  have  been  satis- 
factory to  the  country  at  large.'  A  Governor  thus  addressed,  would  feel, 
that  at  all  events  he  was  surrounded  by  those  who  represented  a  majority 
of  the  population  ;  wdio  possessed  the  confidence  of  an  immense  body  of 
the  electors,  and  who  had  been  selected  to  give  him  advice,  by  the  people 
who  had  the  deepest  interest  in  the  success  of  his  administration.  If  he 
had  doubts  on  this  point ;  if  he  had  reason  to  believe  that  any  factious 
combination  had  obtained  office  improperly,  and  wished  to  take  the 
opinions  of  the  people  ;  or  if  the  Executive  Council  Avished  to  drive  him 
into  measures  not  sanctioned  by  the  charter,  or  exhibited  a  degree  of 
grasping  selfishness  which  was  offensive  and  injurious,  —  he  could  at 
once  dissolve  the  Assembly,  and  appeal  to  the  people,  avIio  here,  as  in 
England,  woidd  relieve  him  from  doubt  and  difficulty,  and  fighting  out 
the  battle  on  the  hustings,  rel)uke  the  Councillors  if  they  were  wrong. 
This  would  be  a  most  important  point  gained  in  favor  of  the  Governor; 
for  now,  he  is  the  slave  of  an  irresponsible  Council,  which  he  cannot 
shake  off,  and  is  bound  to  act  by  the  advice  of  men,  wdio,  not  being  ac- 
countable for  the  advice  they  give,  and  having  often  much  to  gain  and 
nothing  to  lose  by  giving  bad  advice,  may  get  him  into  scrapes  every 


Il^ 


DEFENCE   OF   THE   CONSTITUTION. 


COO 


month,  and  lay  tlie  blame  on  liim.  Tlie  Governors  would  in  fact  have 
the  iiower  of  freeing  themselves  from  thraldom  to  the  family  compact!-, 
—  wliieh  none  of  them  can  now  escape,  —  by  the  exercise  of  any  safe 
expedient  known  to  onr  existing  Constitutions.  It  will  be  seen,  too,  that 
by  this  system,  whatever  sections  or  small  parties  niighi  tliinlv  or  say,  the 
the  CJovernor  could  never  by  any  possibility  become,  what  British  Gov- 
ernors have  of  h\U'.  been  everywhere,  embroiled  with  the  great  body  of 
the  inhabitants,  over  whom  he  was  sent  to  preside.  The  Governor's 
responsibility  would  also  be  narrowed  lo  the  care  of  the  (Queen's  ])rc- 
rogative,  the  eonservation  of  treaties,  the  military  defence,  and  the 
execution  of  tiie  Imperial  Acts  ;  the  local  administration  being  left  in 
the  hands  of  tho>e  who  understood  it,  and  who  were  responsible.  Ilis 
l■)0!^ition  would  llien  be  analagous  to  that  of  the  sovereign.  He  could  do 
no  wrong  in  any  matter  of  whieh  the  Colonial  Legislature  had  the  right 
to  judge,  but  would  be  accountable  to  the  crown,  if  he  betrayed  the 
Imperial  interests  committed  to  his  care." 

In  contrast  with  the  old  permanent  and  irresponsible  Council,  the 
com])osition  and  elliciency  of  a  Cabinet  is  thus  set  forth :  — 

"  T/ic  Exccullre  Council.  —  Now,  fur  tiiis  body,  I  pro[)ose  to  substitute 
one  sustained  by  at  least  a  majority  of  the  electors  ;  whose  general  prin- 
ciples arc  known  and  approved ;  whom  the  Governor  may  dismiss, 
wlujncver  they  exceed  their  powers,  and  who  may  be  discharged  by  the 
peoi)le  whenever  they  abuse  them.  "Who,  insteatl  of  laying  the  blame, 
•when  attacked,  upon  the  Governor,  or  the  Secretary  of  State,  shall  be 
bound,  as  in  I^ngland,  to  stand  uj)  and  defend,  against  all  comers,  every 
appointment  made,  and  every  act  done,  under  their  administration.  One 
of  the  first  results  of  this  change,  would  be  to  infuse  into  every  depart- 
ment of  administration,  a  sense  of  accountability,  which  now  is  nowhere 
found  ;  to  give  a  vigorous  action  to  every  vein  and  artery  now  exhibiting 
torpidity  and  langour  ;  and  to  itlaee  around  the  Governor,  and  at  the 
head  of  every  de[)artment  of  j)ublic  affairs,  the  ablest  men  the  Colony 
could  furnish  :  men  of  energy  and  talent,  instead  of  the  brainless  sumphs, 
to  Avhom  the  task  of  counselling  the  Governor,  or  administering  the 
affairs  of  an  extensive  department,  is  often  committed  under  the  present 
system.  In  J^ngland,  whether  AVhigs,  Tories,  or  Radicals,  are  in,  the 
Queen  is  suri'ounded,  and  the  public  di^parlments  managed,  by  some  of 
the  ablest  men  the  kingdom  can  produce.  But  suppose  a  mere  ollicial 
faction  could  I'xclude  all  these  great  parties  from  power,  how  long  would 
the  government  i)ossess  the  advantage  of  su[)erior  abilities  to  guide  it? 
Would  it  not  at  once  fall  far  below  the  intellectual  range  which  it  now 
invariably  maintains  ?  " 


I 


'X  I 


Mi 


CIO 


DEFENCE   or  THE   CONSTITUTION. 


hi; 


I  iiiiglit  go  on,  sir,  rciiding  tlio  wliolc  of  this  ijumplilct,  and  show  con- 
clusively that  lh(?  system  of  govennnent  asked  jin-  in  ISIJO,  is  pi'aelieally 
the  same  as  that  now  in  operation  ;  and  I  am  nuieh  mistaken  ii'  the  lion- 
orable  genth-nuui  docs  not  soon  find  that  lie  will  not  he  able  easily  to 
overturn  it.  Oh  !  l)ut,  pays  the  honorable  gentleman,  no  government  is 
so  strong  that  they  may  not  be  crippled  or  obstructed  by  some  new 
Governor,  Avhom  the  honorable  gentleman  thinks  is  about  to  be  sent  out 
here.  [  am  happy  to  say,  sir,  that,  up  to  this  moment,  not  the  slightest 
intimation  has  been  conveyed  to  the  venerable  head  of  this  government 
that  his  recall  is  contemplated  ;  and  I  believe  that  he  is  as  unlikely  to 
be  removed  as  any  Governor  administering  the  allairs  of  any  of  Her 
IMajesty's  Culonial  dependencies.  But  where  is  the  learned  gentleman's 
consisleney  when  he  says,  the  present  form  of  government  gives  too  little 
power  to  the  ])resent  ollicer  ?  But  it  may  confer  too  much  on  the  one 
succeeding  him.  Does  the  honorable  gentleman  not  see  that,  his  argu- 
ment is  inconsistent  with  itself?  that  one  portion  runs  athwart  and 
destroys  the  foundation  of  the  other  ?  But  suppose  this  new  Governor 
were  to  arrive  lu're,  and  full  of  his  newly  ac(piired  power,  attem])ted  to 
force  ii[)on  this  people  principles  which  they  disliked,  what  would  be  the 
result?  Can  any  man  doubt  it?  The  CWstitution  gives  us  the  right 
to  retire  and  let  the  Gov^ernor  call  in  whom  he  pleases  to  assist  him  in 
the  conduct  of  aflairs.  But,  says  the  learned  member,  —  and  I  smiled 
when  I  heard  the  expression,  —  a  Council  may  not  have  the  virtue  to 
retire.  What,  sir,  the  honorable  and  learned  gentleman's  views  must 
have  changed  indeed.  There  was  a  time  when  retiring  from  the  govern- 
ment,  was  denounced  as  an  attempt  to  "  wrest  the  p'-erogative  from  the 
Queen's  representative  ; "  a  vile  act,  —  a  thing  to  .le  scouted  and  ab- 
horred by  every  honest  subject  of  the  realm.  I  have  not  the  least  doubt 
but  the  honorable  gentleman  would  now  consider  it  an  act  of  the  most 
exalted  virtue,  were  my  honorable  and  learned  friend  the  Attorney 
General  to  attend  the  Governor  and  say:  "  Please  Your  Excellency, — 
Your  })resent  advisers  leave  their  offices  and  their  positions  at  your 
disposal,  and  would  be  much  obliged  were  you  to  call  upon,  some  other 
gentlemen  not  possessing  the  confidence  of  the  country  to  advise  you 
upon  public  matters."  But,  sir,  Ave  also  have  become  wiser  since  1843; 
and  as  we  do  not  wish  to  lay  ourselves  open  to  the  sarcasms  of  the  hon- 
orable gentleman,  we  intend  to  have  the  virtue  to  hold  our  places,  so 
long  as  the  people  have  confidence  in  our  discretion.  "\Ye  abjure  the 
virtue  of  resignation  until  the  honorable  gentleman  comes  in  with  his 
majority.  I  was  very  much  amused  at  another  remark,  made  by  the 
honorable  and  learned  gentleman.     Another  may  come  here,  he  says, 


DEFENCE   OP  THE   CONSTITUTION. 


Gil 


I  show  coii- 
pnu'tu-iiUy 
il'  ilic  lion- 
blc  easily  to 
vornnu'iit  is 
yr  some  now 
be  sent  out 
llio  slijrhti-'st 
covcvnmi'nt 
s  unlikely  to 
:uiy  of   Her 
[  gentlomun's 
r'lvesi  too  little 
li  on  the  ono 
hut  liis  argu- 
atUwart  and 
,cw  Governor 
attempted  to 
would  be  the 
us  the  right 
,  assist  him  in 
-and  I  smiled 
the  virtue  to 
s  views  must 
m  the  govern- 
\tive  iVom  the 
outed  and  ab- 
le least  doubt 
■t  of  the  most 
the  Attorney 
':xcellency, — 
itions  at  your 
on  some  other 
(o  advise  you 
r  since  iS'lo ; 
us  of  the  hon- 
our places,  so 
^Ve  abjure  the 
Ics  in  with  his 
made  by  the 
here,  he  says, 


I 


and  then  seerel  inlluences  may  lie  broufrht  to  bear.  Sir,  from  the  time 
of  my  retirement  from  Lord  Falkland's  Council,  in  December,  18113,  up 
to  the  period  of  his  i-ecall,  I  never  once  attempted,  in  the  .-liLihtest  de- 
gree, to  interfere  with  or  influence  Jiis  administration.  On  only  one 
occasion,  when  a  jiersonal  sacrifice  Avas  designed  to  save  him,  did  I  send 
him  even  a  mcssag'".  When  the  i)re8ent  Governor  came  to  this  country, 
I  was  residing  out  of  town,  and  never  once  did  I  attempt  to  exereis(>  any 
imdue  or  inipi'opcr  influence!  upon  his  mind,  and  only  saw  Ilis  Excellency 
when  invited  by  nij'  friends  to  taki'  ])art  in  negotiations,  o|)rned,  as  I 
believeil  then  and  believe  now,  with  the,  full  concurrence  of  the  existing 
administration. 

Now,  sir,  a  Avord  or  two  touching  the  Legislative  Council.  The  hon- 
orable gentleman  wishes  a  change  in  the  Constitution  of  that  body; 
and  why?  r)ec;uis(;  he  says  tlii'y  will  not  work  harmoniously,  ami  will 
obstruct  the  public  busin(>ss.  Sir,  there  is  no  foiuulalion  for  such  an 
assertion.  1  a<k  the  honorabl(>  gentleman  to  look  at  the  men  at  present 
forming  that  Council  ;  -uul  if  he  can  prove  to  me  that  those  twenty-two 
gentlemen  liav<>  not  as  much  general  intellig(MU'e,  speaking  talent,  wealth, 
and  respectability,  as  any  twenty-two  in  this  body  chosen  by  the  people, 
then  I  may  be  induced  to  vote  fi)r  the  honorable  gentleman's  resolution. 
Sir,  it  was  made  matter  of  charge  against  the  honorable  gentlemen  that 
when  ho  was  cramming  that  branch  he  did  not  take  the  very  best  men 
even  of  his  own  jiarty  ;  but  as  a  body  it  will  now  contrast  favorably 
with  any  second  branch  of  which  I  have  any  knowledge.  J  say,  sir, 
that  at  the  present  time  it  is  superior  to  what  it  ever  has  been  in  the 
history  of  this  Province.  I>iit,  says  ho,  we  want  mon;  gentlemen  fi'om 
the  coiuitry.  Strange,  that  when  that  branch  consisted  of  but  twelve, 
and  every  man  of  them  lived  in  town,  the  party  of  Aviiich  the  learned 
gentleman  is  lli(>  head  and  front,  resisted  all  change  or  modificaiion. 
Now,  ten  or  twelve  members  represent  the  rural  districts,  and  more 
would  come;  if  they  were  ])aid.  As  to  subserviency,  I  think  both  he 
and  1  are  a  little  end»arrass(Ml  with  the  spirit  of  independence  they 
showed  us  the  other  day.  "When  the)'-  threw  out  a  bill,  tht;  result  of 
many  years  of  discussion,  and  a  compromise  of  tin;  oi)inions  of  this 
House,  it  was  a  i)retty  significant  hint  of  the  power  they  possess  and  the 
determination  to  exercise  it ;  and  whether  I  approve  of  the  act  or  not,  I 
cit(!  the  tiict  to  show  the  Legislative  independence  of  this  second  branch. 
That  they  exercise"  their  jiower  wisely  and  discreetly  on  most  occasions, 
is  evident  from  the  fact  that  this  is  the  only  measure  of  any  importance 
that  they  have  rejected  in  seven  years.  But,  says  the  honorable  gentle- 
man, in   1837  the  Attorney  General,  the  Provincial  secretary  Avcre  in 


CI  2 


DKFENCK   OF   TlfE   CONSTlTrTlON. 


favor  (if  elective  eoiiiieils.  Wli}-,  -ir,  in  IS,".(".  |S"7.  ami  ISMS,  the 
I'reiicli  ('aiiadi.'iiis,  led  li\-  a"\Ir.  I'apineaii,  advocatecl  llie  elective  eoimoil ; 
llie  T'|)|ier  Caiiailiaiis.  led  liy  Iiolierl  Baldwin,  were  seeking,'  a  respoiisi- 
1)U'  Kxeeiitive  Coimcil.  In  <mii-  address  of  IS.'JS,  alter  descril)in,i;  the 
luisc'liiefs  of  the  old  system,  we  asked  either  for  an  elective  Ii(\iri>lalivc 
Council,  or  such  a  elianui'  as  wonld  niak(.'  the  l"'xecntive  responsihle  to 
the  jjcople.  Stihseiiuently  the  ])eo|ile  ol"  New  Urunswick  made  the 
same  demand,  and  the  mother  conntry  consented  to  jrive  us  all  res|)()nsi- 
Me  jioveniment,  AVith  lliat  we  Avere  satisfied;  we  did  not  recpfuH!  holh 
a  responsihle  Kxeeiitive  and  an  elective  second  hranch.  I  hold  the  one 
to  he  incomjialihle  with  the  oilier.  AVe  asked  for  either  of  these  ;  Ave  p;()t 
the  one  wt\  prelerred.  'J'hat  ("onstitiitioii  is  now  the  projuM'ty  of  the 
pcoph',  and  1  much  misunderstand  their  s|tirit  and  ileterminalion,  and  the 
rate  at  which  they  value  it,  ii"  they  allow  the  honorahle  nieinher  for 
Annapolis  to  tamper  Avith  it  for  the  mere  purpose  of  raisin;^  political 
capital  ;  at  least  until  it  has  had  a  fair  trial  and  been  proved  in(>ni- 
cicnt. 

Let  me  now  say  a  word  or  lAVOAvith  reference  to  the  ])ersonal  allusions 
made  by  the  honorahle  and  learned  Lreiilleman  to  llie  Keceiver  (Jeneral. 
I  think  those  observations  iniirht  have  been  spared;  personalities  should 
never  be  aimed  by  a  member  of  this  Assembly  at  one  of  the  other 
branch.  He  spoke  of  viol.ated  friendships  ;  of  taking  the  oHiee  of  a 
friend;  and  covertly  insinual(  ,1  that  the  Honorable  Receiver  C!en(>ral 
Avas  still  entra^ed  in  connnercial  afliiii's.  Sir,  Aviien  the  honorable  jreu- 
tlcman  spoke  of  A'iolafed  friendships,  lie  should  have  r<'meinbered  that 
when  my  honorable  friend,  iMr.  IMcNab,  the  Attorney  (Jeneral,  and 
myself  retired  from  the  Council  in  ISIH,  the  llrst  man  to  lead  up  a 
jiuhlie  meeting  to  denounce  us  as  disloyal  and  selll>h  men,Avas]Mr.  Fair- 
banks, the  late  tn>asurer's  brother,  I\Ir.  IMcNab's  partner  for  twenty 
years.  Sir,  Avas  not  that  sufficient  to  sever  the  tie  of  friendship  at  onec 
and  forever.  As  for  the  remark  louehing  the  voyage  to  California,  I 
know  nothing  of  it.  Ihit  this  I  do  know,  that  liowever  dilficult  it  may 
be  for  a  merchant;  em^atred  in  extensive  business  to  Avilhdraw  suddenly 
Ills  Avhole  capital,  the  Honorable  IJeeeiver  Ceiieral  lias  retired  from 
business  in  good  I'aith,  and  is  honorably  fulfilling  the  obligations  he  has 
assumed  to  his  colleagues  and  the  country.  Sii',  T  might  answer  the 
honorable  gentleman  in  his  own  style,  and  give  him  a  taste  of  personali- 
ties. I  might  refer  him  to  a  pretty  notorious  rumor,  —  one  not  invented 
by  me,  —  and  ask  him  if  lie  rememljers  that  celebrated  fete  given  on  a 
very  celebrated  occasion,  the  solenmization  of  a  certain  marriage,  Avhen 
the  Aainglorious  boast  Avas  made,  that,  by  the  consummation  of  that 


PKFKNCE    OF   TllK    CONSTITUTION. 


C13 


„1  18;'.S,  the 
live  coiiiicil  ; 

,.  I,c<xi4:\tive 
•('>|)()iisil)l('  to 

s  \\\\  rcsponi^i- 
t  itMHiirt!  1h)IU 
1  hold  the  tmc 
these  ;  wo  got 
ropcrty  of  the 
iiati»<ii,  :inil  the 
('  lufinhcr  Ibr 
■a\A\v^  political 

1 


irovcd  iiiolU- 


rsoiml  :ilhi>ions 
ct'ivcr  (Icnei'iil. 
tonalities  should 
„«  of  the  other 
10  olVu'c  of  fv 
cciver  (leiieral 
honorahle  jxeu- 
•meinheroil  that 
(W'lieral,    and 
n  to  lead  up  a 
„,wa>:Mr.  Fair- 
•tner  for  twenty 
„,,Hl>hip  at  onee 
to  California,   I 
y  ditVieult  it  may 
thdraw  puddonly 
;is   retired  from 
,li;iation<  he  has 
iljrht   answer  the 
le  of  persoiiaVi  ■ 
lone  not  invented 
f(.'te  given  on  a 
marriage,  when 
mniation  of  that 


tinion,  the  two  families  of  .Johnston  and  I''aii-lianks  eoiild  lule  llie  conn- 
try.  I  care  not  to  ajiproaeli  more  clo-eiy  ;  llie  lionoralile  iiuiiiher  under- 
stands me. 

The  lionorahle  and  learned  gentl(Mnan  also  referred  to  ilic  pi'c^idciit  of 
the  Legislative  Conneil  in  no  very  measured  (erms.  AVIiy,  -aid  hi',  the 
president  of  the;  Conneil  claimed  a  pi'ivilegi;  which  had  never  hecii 
used  for  eighty  years.  The  lionorahle  geiitleinan  u\u-l  he  aware  that  for 
very  nearly  the  whole  of  that  period  the  Legislative  Conneil  wcic  n  nice 
lilth^  famil}-  party;  casting  votes  were  not  rcMjuired,  as  it  was  selilom,  if 
ever,  that  a  division  took  place  ;  all  llieir  acts  were  cliaraclerized  hy  a 
most  dclighllhliy  hai'monions  nnanimit}'.  lUil  hecan^e  the  old  jiroidenlH 
either  knew  not  that  they  possesse<l  the  power,  or  cared  not  to  ns(!  it, 
was  certainly  no  reason  why  my  honoi'ahle  friend,  ]\h-.  'I'ohin,  >Iioidd  re- 
lin(iuish  .'I  i)rivilege  ap|)erlainiug  to  his  ollice  ;  he  would  not  have  fnllilled 
his  duly  to  that  liody  had  he  failed  to  exercise  his  right  on  an  appro))ri- 


ate  occasion. 


lint 


'y^ 


tl 


le  lionorahle  "cntlem'ii,  we  saw  a  most 


Jra- 


ordinary  sight  ;  a  gentleman  coniing  from  the  country  with  the  prelix  of 
lionorahle  lo  his  name,  and  wandering  hetween  the  two  hranches  without 
a  resting  place  in  cillicr.  Why,  sir,  there  are  numhers  of  good  looking 
men  who  came  up  to  the  city,  from  time  to  time,  hoth  liherals  and  con- 
servatives, to  hear  the  wise  sayings  of  us  Legislators;  and  it  is  hut  nat- 
ural that  the  mcjinent  one  leaves  home,  his  neighhors,  looking  ujion  the 
squire  as  the  wisest,  as  ^vell  as  hist  man  in  the  world,  should  conjecture 
all  sorts  of  things  touching  his  journey  to  the  capital,  and  address  liim 
hy  all  sorts  of  tides.  It  may  have  heen  thus  with  my  worthy  fi'iend 
]Mr.  jMcKeeii.     It  uiay  have  heen  that,  having  hcen  invited  to  come,  the 

tlier  was  sworn  in  his  iilace,  to  pre- 


'}' 


p   snows   (lelayei 


mm 


till 


ano 


vent  the  friends  of  the  learned  memher  for  Annapolis  from  destroying 
the  Civil  List  and  Departmental  IJills.  I>uL  there  has  heen  no  great 
harm  done,  t'xccpt  to  the  disajipoiuled  jilotters,  who  thought  to  take  ad- 
vantage of  tlie  snow  hanks.  While  talking  of  them  I  am  reminded  of 
that  heanliful  description  of  the  lost  man  (loundering  in  the  snow,  hy 
Tliom]>son,  which  I  may  give  the  li'arneil  leader  of  tlu^  opposition  in 
return  for  his  violated  virgin.    The  sulject  is  colder,  hut  the  comparison 


quite 


as  ac( 


urate;  for  the  learned  memlier 


never 


out  ill   search  of 


grievances  or  of  responsihle  government,  hut  he  goes  lloundering  on,  get- 
ting deeper  and  turtlier  from  the  track  at  every  step.  Oh  !  hut,  says  he, 
Mr.  JMcNah  hy  his  single  vote  ejected  his  fri(;nd  from  office,  and  took 
the  office  himself.  I  ask  the  lionorahle,  and  learned  gentleman  if  he  did 
not,  for  a  whole  season,  retain  his  place  as  leader  of  the  govern- 
ment and  his  ollice  of  Attorney  General    hy  liis  own  vole  ?     And  I 


* 


G14 


DEFE^'CE   OF   THE  CONSTITUTION. 


I  -v 


wmh 


4^: 


tlcmatnl  again,  did  not  the  late  Solicitor  Ofnorul  and  ^Ir.  DcAvolfo  also 
obtain  and  keep  tlioii-  oirices  l)y  tlwir  .'■inglo  votes?  Surely  then  '•?  the 
single  act  ot'  wliicli  he  comijlains  he  wrong,  it  was  a  greater  violaiion  of 
principle  for  three  of  thorn  to  keep  their  ollice.s  upon  the  single  votes  of 
the  several  incumbents.  But,  sii",  I  tell  the  honorable  gentleman  that 
Mv.  Fairbanks'  office  was  not  coveted  by  my  honorable  friend,  and  at 
one  time,  after  the  contest  of  principle  was  over,  it  was  gravely  balanced 
whether  or  not  he  should  be  retained  in  his  situation  ;  and  had  this 
House  and  country  not  had  to  pass  upon  that  act  afterwards,  I  firmly 
believe  he  would  never  have  been  removed.  Now,  sir,  the  honorable 
gentleman  referred  to  the  construction  of  the  Legislative  Council.  Oh, 
said  he,  only  think,  twelve  of  the  present  Council  reside  in  Halifax ; 
but  be  forgot  to  tell  us  that  in  the  good  old  times  every  man  of  them 
were  residents  in  the  township  of  Halifax.  l>ut,  then,  he  says,  what 
would  we  do  v  ere  a  change  in  parties  to  take  place  ?  The  honorable 
gentleman  loves  to  dwell  upon  that  possibility,  and  sometimes  he  dimly 
shadows  forth  his  anticipations  of  soon  emerging  from  the  cold  shades  of 
opposition,  and  basking  again  in  the  sunlight  of  power.  ]}iit  l(;t  me  say 
to  him,  "  Sutlicient  for  the  day  is  the  evil  thereof,"  if  it  should  so  hap- 
pen that  the  honorable  gentleman  comes  back  with  a  majority,  1  think 
he  will  have  profited  by  his  reverses,  and  his  bearing  will  probably 
prove  that  he  has  become  a  little  wiser;  more  thoughtful  and  consid- 
erate than  he  was  before.  15ut  then  he  is  awfully  afraid  of  the  jjrcsent 
Legislative  Council,  and  asks  how  he  is  to  get  over  the  difficulty  if  they 
obstruct  him  ?  I  will  answer  the  honorable  and  learned  gentleman,  the 
influences  incident  to  his  public  j)osition  will  aid  him,  and  then  if  he 
brings  forward  such  measures  as  the  Council  approve  he  Af  ill  be  sure  to 
succeed.  One  thing  I  know,  sir,  that  the  Council  will  never  offer  use- 
less obstructions  to  a  good  measure. 

But,  sir,  let  me  tell  the  honorable  gentleman  that,  were  he  to  come 
back  with  his  majority,  he  might  just  as  Avell  attempt  to  stick  a  dog's 
tail  on  a  lion's  back,  as  engraft  an  elective  Legislative  Council  on 
responsible  government.  But  his  aim  is  apparent ;  he  would  be  glad  to 
throw  the  public  aflfairs  of  this  Province  into  confusion,  so  that  he  might 
embarrp='s  the  present  government.  It  is  the  duty  of  every  Nova  Sco- 
fian,  looking  to  the  i)rosperity  and  happiness  of  his  country,  to  refuse 
his  sanction  to  these  resolutions;  at  all  events,  until  the  people  have 
been  consulted.  Upon  our  differences,  we  can  go  before  our  constituen- 
cies with  him  as  we  did  before,  and  then  if  he  can  manage  to  obtain  a 
majority,  why  let  him  triumph.  The  honorable  and  learned  gentleman 
Las,  however,  forgotten  to  inform  us  how  this  machinery  is  to  work ;  he 


iKU 


PEFKNCE   OF   THE   CONSTITUTION. 


G15 


Dcwolfo  al^o 
ly  then  if  llie 
r  violiuion  of 
Inglt!  votos  of 

iMltU'llKUl  tluit 

frieiKl,  iiml  at 
.vt'ly  balanced 

and  had  this 
vawh,  I  firmly 
the  honorable 
Council.     Oh, 
c  in  Halifax ; 
f  man  of  them 
he  says,  what 
rhe  honorable 
Limes  he  dimly 
!  cold  shades  of 
lliit  let  mc  say 

should  so  hap- 
lajoi-ity,  I  think 
f  will  probably 
fid  and  consid- 
1  of  the  i)rescnt 
lifficulty  if  they 

rrcntleman,  the 

and  then  if  he 
\f  ill  be  sure  to 
Lever  offer  use- 

iTcrc  he  to  come 
o  stick  a  dog's 
live  Council   on 
Ivould  be  glad  to 
:o  that  he  might 
[very  Nova  Sco- 
)untry,  to  refuse 
he  people  have 
our  constituen- 
i"-c  to  obtain  a 
^rned  gentleman 
is  to  work ;  he 


lias  not  (old  us  who  an>  to  be  (he  constituency,  or  what  is  to  be  the 
franchisee.  I  believe  ho  does  say,  that  every  two  or  three  years  a  section 
of  this  body  arc  to  wheel  to  the  right  and  walk  out ;  l)ut  any  practical 
common-sense  man  would  recpiin',  before  voting  upon  this  question,  that  it 
should  be  explaiiieil,  and  put  befbrc  (he  country  in  such  a  shape  that 
the  people  might  understand  what  the  honorable  member  really  docs 
mean.  Again,  (he  lionorable  gcndcman  says  that  something  must  be 
done  to  stave  off  annexation,  because  measures  passed  by  the  majority 
of  this  House  supporting  the  government  may  be  rejected  by  (he  upper 
branch.  And  (hen  he  talked  of  tht;  dilliculty  we  had  in  filling  up  the 
Solici(or  Generalship.  The  honorable  gentleman  forgets  that,  during  his 
own  administration,  he  took  six  months  to  make  a  Solicitor  General,  while 
wc  would  certainly  not  take  half  that  time  to  make  a  whole  beuch  of 
judges,  and  a  tremendous  lot  of  road  commissioners  and  magistrates  into 
the  bargain.  But,  oh !  if  I  were  to  follow  the  honorable  and  learned 
gentleman,  in  the  dispensation  of  patronage,  throughout  liis  official 
career,  and  entertain  the  House  with  all  the  acts  of  petty  oppression  of 
which  he  has  been  guilty,  I  might  detain  them  half  the  night.  He  said 
something  of  (he  Baronet  whom  I  had  deprived  of  his  office.  Sir,  my 
coundy  paid  that  Baronet  from  one  to  two  thousand  pounds  per  annum 
for  years,  to  aid  the  learned  gentleman  opposite  in  misgoveriiiiig  this 
country.     Small  blame  to  the  liberals,  then,  if  they  did  put  him  out  ? 

"  Tlic  rank  is  but  the  guinea's  stamp ; 
A  man's  a  man  for  a'  that." 

The  honorable  gentleman  told  us  that  our  allegiance  to  the  mother 
land  was  weakened ;  that  our  veneration  for  existing  institutions  had  de- 
parted. Sir,  I  am  sorry  that  a  man  occupying  his  position,  with  his  ac- 
knowledged talents,  his  means  of  usefulness,  and  power  for  mischief,  has 
not  taken  that  stand  in  this  debate  which  he  ought  to  have  taken.  I  do 
not  believe  that  the  loyal  feelings  of  this  people  arc  weakened,  or  that 
the  respect  for  the  sovereign  has  decreased  ;  but  I  admit  that  the  people 
of  this  country  have  passed  through  an  ordeal  which  has  tried  their  feel- 
ings, though  not  sapped  their  loyalty.  He  attempted  to  make  us  believe 
that  the  revenue  had,  during  his  administration,  greatly  increased  by 
some  management  of  his  own,  and  from  that  drew  the  conclusion  that 
we  were  chargeable  with  a  falling  ofT.  I  thought  his  friend  Mr.  Fraser 
Lad  dissipated  that  illusion  for  him  last  year.  The  story  of  the  destruc- 
tion of  our  industrial  resources  has  been  allowed  to  go  uncontradicted 
long  enough,  and  much  political  capital  has  been  made  out  of  it  by  the 
honorable  gentleman  and  his  friends.     I  take  this  ground  boldly,  that  the 


M''-tf 


GIG 


DEFENCE   OF   THE   CONSTITUTION. 


i.  J' 


M:'' 


l|i. 


'.'.Jj 


m 


t 


If  I 
"  f 

FffP' 

^ri 

Ml 

'f  f 

• 

^    *r8t 

1  Imi- 

W 

"'  *m''4 

iS^^ 

J:i 

DKiM  who  snys  (lint  Xova  Scotia  coiid'aKis  iiiilUvoral)!}'  willi  .-iirnniiKlin;; 
states  iifrii'ins  tliat  wliicli  is  a  lilid  on  oiir  coiiiilry.  ]\Iaiiy  of  the  iwigli- 
borii)<^  states  were  settled,  ami  had  lar^e  and  (loiirishliij^  populations,  Ite- 
foro  Nova  Seotia  was  peopleil  liy  any  except  the.  Acadian  velllers  on  tla; 
marshes  of  the  "\Ve>t.  Halifax  was  founded  in  171I>.  There  were  then 
no  inhabitants  in  the  I'rovince  except  tlu!  Indians  in  the  forest,  and  the 
French  on  our  prairies.  WIkmi  Cornwallis  sailed  up  Halifax  harbor 
what  greeted  his  eyes?  ITnbrt)ken  foliag<!  down  to  the  water's  edge. 
At  that  lime  not  an  English,  a  Scotch,  or  an  Irishman,  owned  a  house 
upon  our  soil.  Tlicre  was  not  a  road,  a  bridge,  or  a  church,  in  the 
country,  hardly  an  acre  of  cultivated  u])land,  nor  any  of  those  piddic 
improvements  which  are  now  spread  everywhere  beneath  the  eye.  What 
have  our  fathers  done  ?  Have  they  left  us  the  miserable,  degraded 
country  he  d(;scribed  to  ii.s  last  night  ?  No,  sir.  They  have  left  lis  a 
land  teeming  with  resources,  on  and  around  the  .-bores  of  which,  within 
a  century,  fifteen  millions  worth  of  property  have  been  aecunudaled.  I 
take  the  computation  of  my  honorable  friend  the  Financial  Secretary, 
who  made  the  statement  here  last  year,  that,  man  for  man,  every  in- 
habitant of  this  Province  owned  £.30  worth  of  property  —  a  trifle 
higher  than  the  amount  owned  by  the  population  of  the  Slate  of  New 
York.  This  is  my  answer  to  the  cry  of  ruin  which  the  learned  member 
is  forever  raising.  Steadily  year  by  year  has  this  Province  increased 
in  wealth  and  population,  and  as  steadily  has  Its  domestic  industry  ex- 
panded, down  to  the  present  hour.  The  honorable  gentleman  drew  the 
picture  of  a  country  in  a  state  of  poverty  and  decrepitude,  brought  on 
by  misgovermnent.  Let  me  ask  him,  if  Sir  Rupert  had  had  his  £2000 
yearly,  Avould  the  condition  of  our  artisan  and  laboring  po])ulation  have 
been  improved?  would  the  payment  of  extravagant  salaries  prevent 
them  froni  leaving  our  shores?  Had  IMr.  Fairbaidis  received  a  pension, 
or  the  illegal  arrears  been  paid,  would  the  country  be  more  prosperous, 
or  the  peojde  more  happy  ?  These  are  his  leading  grievances,  these  the 
arguments  he  has  given  to  the  people  of  this  Province  to  induce  them  to 
change  our  Constitution.  Let  the  honorable  gentleman  point  to  iIk;  com- 
mercial measure  which  he  has  introduced  for  the  amelioration  of  our  de- 
plorable condition ;  surely  the  honorable  gentleman's  patriotic  idiilan- 
thropy  should  have  suggested  a  remedy  for  this  dire  disease.  AVe  go 
with  him  into  Committee  of  "Ways  and  Means ;  does  he  suggest  aught 
that  will  improve  our  industrial  resources,  advance  our  manufacturing 
and  producing  interests,  or  in  any  way  enhance  our  prosperity  ?  The 
honorable  gentleman  spoke  vauntingly  of  the  revenue  raised  under  his 
administration.      Sir,  I  have  answered  that  time  and  again ;  nay,  his 


mM 


DEFENCE   OF  THE   CONSTITUTION. 


G17 


siirrnundinf* 
)t'  (111-  iicigli- 
iiiiliitions,  1)C- 
.■iilcis  (III  tlu; 

■  re  were  llu'ii 
Di'i-t,  ami  the 
ialiiiix:  liarbor 
water's  eilge. 
wned  a  liouiso 
liureli,   in   the 

■  those  imhlic 
ic  eye.  What 
ibh',  degratled 
lave  left  us  a 

which,  within 
iiunuulatcd.     I 
•iivl   Secretary, 
man,  every  in- 
("i-ty  —  a  trifle 
;  State  of  New 
'arneil  nicuibcr 
ineo   increased 
Lie  industry  ex- 
L'man  drew  the 
ule,  brought  on 
uul  his  £2000 
copulation  have 
aries  prevent 
ived  a  pension, 
lore  prosperous, 
ances,  these  the 
induce  them  to 
oint  to  the  com- 
[lUon  of  our  de- 
latriotic  philan- 
easc.     We  go 
suggest  aught 
manufacturing 
isperity  ?      The 
aised  under  his 
again  ;  nay,  his 


own  most  prominent  supporter,  the  lionorable  and  learned  member  for 
Wind-or,  frankly  admitted  that  tlw;  liberal  party  were  no  more  responsi- 
ble for  the  present  tariff  tlian  the  conservatives,  and  denied  lliaf  the 
want  in  lh<!  country,  if  want  there  was,  could  be  attributed  to  the  present 
administration.  Compared  witii  other  Colonies,  Nova  Scotia  is  in  a  sound 
condition.  New  lirunswick  lias  a  conservative  majority  and  administra- 
tion; yet  a  friend,  describing  her  commercial  condition,  some  montlis  ago, 
declared  that  there  was  scnrccdy  a  solvent  house  from  St.  John  to  the 
Grand  Falls.  The  derang<'ments  of  commerce  incident  to  Imperial  leg- 
islatifm,  and  bad  crops,  produced  the  depression  in  neighboring  Colonies 
and  in  our  own.  I  recoih'ct,  when  taking  u|)  the  Kiighsh  papers  in  the 
fall  of  l.S  17,  th(>re  were  wiiole  columns  of  bankruptcies,  of  liouses  of  the 
highest  character,  and  some  of  whicli  had  stood  for  centuries.  Tiiis  was 
the  cause  of  our  depression,  with  the  successive  failure  of  our  crops, 
and  it  is  unfair  for  the  bono  "vble  and  learned  gentleman  to  attribute  to 
any  administration  th<',  visitations  of  Providence.  I  might  say  with 
great  justice,  that  if  our  treasury  is  low,  we  have  cured  the  potato  rot, 
which  he  left  behind  him.  All  the  money  which  he  ever  had  in  (ho 
treasury  would  not  compensate  for  the  destruction  of  our  potatoes  by 
(hat  miserable  disease  which  he  introduced.  However,  we  have  cured 
them  at  last,  and  would  have  done  so  long  ago,  but  that  the  late  admin- 
istration left  tliem  so  rotten  tiiat  it  took  us  two  years  at  least.  Now,  sir, 
let  me  show  the  honorable  and  learned  gentleman  the  effect  the  loss  of 
our  potato  crop  must  have  liad  upon  this  country.  [Tiie  Hon.  Pro- 
vlncial  secretary  liere  went  into  a  calculation  to  show  that,  taking  the 
census  as  a  guide,  and  Colchester  as  a  medium  county,  the  actual  money 
value  of  wheat  and  potatoes  lost  in  the  four  years  previous  to  1819, 
could  not  be  less  than  i:i,2(i8,000.] 

The  food  of  our  people  thus  stricken  off,  the  loss  fell  upon  our  indus- 
trial classes.  The  abh;  farmers,  instead  of  having  wheat  and  potatoes  to 
sell,  of  tlieir  own  raising,  were  obliged  to  buy  the  productions  of  a  foreign 
country  to  snpitort  life' ;  the  poonn*  farmers,  unable  to  pay  debts,  i*e- 
quired  more  credit  from  the  trader,  and  he  again  from  the  merchant, 
who,  failing  to  receive  returns,  was  compelled  to  curtail  his  business. 
Circulation  was  thus  drained  off,  and  few  dutiable  articles  were  con- 
sumed, because  all  the  spare  cash  went  to  buy  bread  which  paid  no  duty. 
Yet  we  are  blamed  because  the  revenue  fell  off.  It  did  fall  ofT,  sir,  be- 
cause at  that  distressing  period,  when  our  hardy  population  were  borne 
down  by  the  calamity  I  have  spoken  of,  we  would  not  consent  to  tax  the 
bread  recpiired  by  our  farmers  and  laboring  classes  to  support  life.  Had 
we  done  so,  sir,  we  might  have  had  our  £10,000  or  £12,000  in  the  chest, 

52* 


G18 


DEFENCE   OF  THE   CONSTITUTION. 


r.'  I 


but  it  would  liiivc  been  wrung  from  the  pcopli-  at  n  period  of  want  and 
depression.  Other  eilies  liavc  llieir  perioil.s  of  depression  as  well  as 
Halifax  ;  ollirr  countries  (heir  trials  as  well  as  Nova  Seolia.  J-,<'t  the 
learned  yenlleman  turn  to  Hunt's  Magazine,  and  he  will  sec  that  there 
arc  scarcely  a  dozen  eminent  merchants  in  JJoston  who  have  not  failed 
in  the  course  of  their  lives  ;  luid  if  he  will  midic  the  contrast  fairly,  ho 
will  find  that  for  every  emigrant  (hat  has  left  Nova  Scotia  within  the  last 
four  years,  ten  have  left  the  seaboard  States  of  (he  Union.  Tliey  have 
gone,  lilvc  our  own  peojile,  south,  west,  everywhere,  led  by  the  spirit  of 
speculation  and  adventure,  but  nobody  imagines  that  ruin  and  misfortune 
arc  to  be  the  porlions  of  those  who  are  left  behind.  The  learned  gentle- 
man lem[its  me  strangel^y  to  review  his  own  administration,  and  to  a], ply 
to  him  (he  soubri<piet  of  "  prosperity  "  which  was  once  applied  to  an 
English  Chancellor,  whose  bragging  ended  in  ruin.  1  look  bai.'k  to  his 
first  session  of  l.SH.  In  (hat  session  he  ])assed  three  celebra(ed  meas- 
ures,—  a  civil  list  bill  and  a  rcgis(rar's  bill,  which  never  wen(  into  oper- 
ation, and  a  bill  to  prevent  people  from  snaring  moose,  under  which  (here 
has  never  been  a  single  prosecudon.  15u(,  sir,  big  wi(h  great  measures 
and  grand  conceptions,  the  honorable  gendeman  must  needs  convene 
Parliament  in  a  sunnner  session.  "\Ve  met,  were  melted,  (he  business 
being  a  eelebra(ed  intrigue  by  which  he  sought  (o  divide  the  liberal  i)ar(y, 
very  foolish  and  very  unsuccessful.  On  looking  over  the  journals  of  the 
sunnner  session,  however,  I  met  widi  a  curiosity  ;  it  was  a  little  resolu- 
tion, moved  by  myself,  highly  complimentary  (o  (he  administrution,  but 
the  discussion  of  which  was  cut  short  by  a  sudden  i)rorogation.  In 
1815  they  passed  a  school  bill ;  an  act  for  taxing  dogs,  which  was  u 
nuisance  to  everybody,  and  one  for  building  a  bridge  up  at  Richmond, 
which  has  never  yet  been  built.  In  18  IG,  hardly  a  measure  worth  notice 
passed,  with  (he  exception  of  a  bill  for  making  roads  over  ice,  rendered 
necessary  because  the  ways  of  (he  honorable  gendeman  had  become  very 
slippery  about  (hat  time.  In  18 17  he  did  pass  a  measure  for  which  bo 
has  received  all  credit  —  the  Simultaneous  Polling  Bill ;  but,  as  a  set- 
off again- 1  (hat,  he  brought  in  a  nice  little  bit  of  "  terror,"  from  which  I 
have  no  doubt  he  expected  great  results  —  the  Fraudulent  Conveyance 
Bill,  by  which  he  sought  to  frighten  poor  liberals  from  the  hustings. 
Thus  passed  (he  great  sessions  from  1841  to  1817,  and  these  are  the  law3 
framed  by  the  honorable  member  for  the  regeneration  of  the  country. 
He  brags  much  of  the  ten  thousand  pounds  dragged  from  the  pockets  of 
the  people  and  locked  up  in  his  iron  chest,  but  let  him  show  us  where  he 
reduced  our  expenditure ;  what  salaries  he  cut  down  ;  what  great  meas- 
ure, advancing  our  Colonial  interests,  he  introduced.     Sir,  he  can  show 


mi 

ff^iM?'- 

iV  i 

mu 

itiipi-', 

liK^ 

DEFKNCE  OP  THE  CONSTITUTION. 


019 


nono;  his  torni  of  ailiuiiiistralioii  is  naught,  ami  i>r<'Sfii(s  (on*,  n^  wo  gaze 
l)ack  at  it,  liarilly  a  nMlcfiuiiig  fratiirc.  liiil,  »ir,  wiiaf  Iiavc  \v«'  doiKi? 
"NVc  liavr  pa'Sfil  ihc  Civil  I.i>t  ari'l  Dcpailiuiiital  liiil-,  hy  wliirh  (nics- 
tions  that  had  ajjitaldl  th<.'  ooiiiitry  for  yrars  arc  ili-iid-nl  of.  Wr  havn 
hall"  t'(iii~(ili(lati'ii  llic  hiws  of  the  I'roN  iiici- ;  I  </\\i-  ihr  oihcr  .-idi' all 
t'l't'dil  lor  the  as>istaiic(!  they  Imvo  rciidiMTd  us  in  this  maiti  r.  We  sou 
bclbro  us  iIk'  (dt<'tric  Irlcgraph  stn'Icliliig  aiTo~s  our  counli'v  — a  nioiiu- 
moiit  of  ('iitcrpriM'  which  will  irniaiii  uIh'M  tli^  prr-ciit  admiiii-lfation 
havo  failed  away.  We  have  passed  a  SherilV's  Uill,  and  gi\('ii  to  the 
country  a  new  eoinniission  of  tho  peai'e,  which,  whatever  may  he  saiil  of 
it  hy  honorable  gentletnen  on  the  other  .-ide,  has  given  satisfaction  to  the 
country  generally. 

Mr.  INLushan.     No! 

Hon.  I'l'ovineial  Secretary.  I»nt  T  tell  the  honoraI)le  geiiih man  it 
has.  In  what  light  lie  may  view  it  I  know  not,  luit  it  Ii.h  largely  I'e- 
tluced  litigation,  and  been  generally  acceptable  to  the  people.  I  will  not 
detain  this  connnitlee  longer;  it  is  enough  that  our  acts  conli-a-t  favora- 
bly with  th<'  barren  figments  i-e-idling  from  the  administration  of  the 
honorable  and  learned  member  I'or  Amiapoli,-.  Sir,  I  !io!d  in  niy  hand 
the  tariif  of  1811  and  that  of  ISl'.t,  and  tin'  alxjliiion  of  many  grii'vous 
burdens  under  which  the  people  groaned  is  pa!pal)!e  ami  plain.  Ibit  let 
the  honorable  gentleman  turn  back  to  the  good  old  days  prior  to  re.-pon- 
sihle  government ;  let  him  mark  tin;  sums  then  jrlveii  Wn-  oiir  road  and 
bridge  service  :  — 

In  is.'ifi cio.rno 

"  is;t7 i(i,;!()o 

"  l!<;i8 1  l,:j'j() 

"  1839 1C.,>S(I0 

X4'.»,240 

In  18  10  I  happened  t-o  get  into  the  admini.-trallon,  in  which  I  .-laid 
until  the  honorable  gc'nlleman  made  it  too  hoi  to  holil  me,  and  I  came 
out  at  the  close  of  LSI;].  Contrast  my  four  years  with  tin;  four  years 
previous : — 

In  1840 C4  4,000 

'.'    1841 24,000 

"    1842 ;5;i,0()0 

"    1 843 1 0,000 

Xi  17,000 

Oi"  an  increase  of  £G8,000  of  road  money  over  an<l  abov(!  (In;  amount 


G20 


DRFKNTK    OK   THR    (((NSTITimOX. 


If  7]il 


'■    J 


givrn  ill  (li(>  previous  Iniii- years,  liiil  Ie(  iis  lodk  al  llie  sums  voled 
diiriiiir  fdiir  years  in  wliieii  tlie  Iimioraltle  i,'eiillemaii  liad  tlie  wliole  and 
sole  coiilrol  (it'llie  r(!veiuies,  and  ol'  wliieii  he  liraijs  so  niiicli :  — 

Til  istt c  1(1,(1(10 

"     1^45 li.^.OdO 

"    I  SIC) ;;(),(i(i(i 

"    IS  17 .'lo.doo 

X'.)5,()(I0 

Or  .i""JL',Oi*<)  less  lliaii  my  previous  four  years. 

Now  let  us  see  wliat  we  have  done  luider  (he  present   udministrution. 
AV'e  assumed  olliee  iu  IS  IS,  in  whiidi  \\c  gave  — 

111  1  S-4S C20,000 

"   iii'.i 2;t,()(i() 

"    is:)0 'jt.ooo 

X'CI, (!('(» 

For  (lie  past  tiiree  years;  and  this  at  ;i  lime  when  the  coimtry  has  Ix'eii 
laI)oriiii;  umh'r  the  depression  conseciuent  upon  the  I'aihire  ot"  the  crops 
ol'  wiiich  I  iiave  previously  spoken.  'The  country  is  just  emerijinjjj  I'roni 
this  depressed  condition,  and  assumiuir,  as  \\v.  reasonably  may,  that  we 
shall  be  enabled  to  ijive,  I'rom  our  increased  prosperity  Ibr  th(!  comin;^ 
year.  .£;J0,()00,  we  shall  e(|ual  if  we  do  not  exceed  the  amount  granted 
by  the  honorable  member  during  his  lour  jirosperous  years.  ]n  this  con- 
trast, sir,  there  is  nothing  of  which  we  need  be  ashamed;  ;ind  they  are, 
not  the  friends  of  this  country  who  seek  to  make  our  ])(>()])lc  discontented 
with  their  jiosiiion  and  prospects.  Sir,  I  have  travelled  much  over  the 
face  of  Nova  Scotia,  over  the  adjoining  republic,  and  in  the  old  world,  and 
1  have  arrived  at  this  conclusion  that,  of  all  the  lands  1  have  ever  seen, 
Nova  Scotia  oilers  to  the  poor  man  the  most  favorable  Held  for  the  exer- 
cise of  his  industry.  What  do  Ave  see  in  every  town  and  county  of  our 
Province?  Scotch,  Irish,  and  English  emigrants  —  men  i'rom  every 
country  coming  here,  with  industry,  intelligence,  and  economical  habits, 
worth  nothing  when  they  came,  but  by  the  exercise  of  these  virtues 
gradually  acipiiring  respectable  competencies,  il'  not  amjile  fortunes.  Let 
me  say,  then,  that  a  country  into  which  a  man  may  come  poor,  and  where 
in  a  iew  years  he  becomes  independent  —  a  country  possessing  abinidance 
of  the  richest  ui)land,  with  marsh  land  inferior  to  none  in  the  world  ;  with 
its  healthy  climate,  and  o[)en  harbors,  aflTording  the  greatest  facilities  for 
commercial  operations;    with  free    institutions,   gained   after   years  of 


alMlM 


mtmmmi 


DFFEXCE   OF   TlIF   CONSTnCTION-. 


021 


IniinistriUion. 


miry  li:i^  l^'f''^ 
•(■  of  tin-  cnips 
I'lncr.t^itit!;  iVoiii 
'  in:iy,  dial  wo 
"or  the  comiii-? 
mount  {^rantotl 
!.     Ill  this  con- 
;  and  they  iiro 
)lo  (liscontonti'd 
much  over  the 
}  olil  woiUl,  and 
lave  ever  seen, 
d  lor  the  cxcr- 
l  eounty  of  our 
ion  I'roin  every 
momieal  habits, 
r  tiiese   virtues 

fortunes.  Let 
)oor,  and  where 
ising  abundance 

he  world ;  with 
est  facilities  for 

after  years  of 


strutrirle,  is  not  a  coiintry  (l('-cr\inif  Uk'  .-l.iiidi'r-'   wliich  dav  Iiy  day  an 
heaped  upon  il.      No\a  Scolia  cnu  n<'\rr  lie  rului'd. 

Sir,  afli'r  ihc  sliiiiulaliiiir  iiiMiicucc  of  liic  AiniTiciiii  war  Iiad  pas-cil  by 
I  saw  this  cily  ahiio~l  ili'-cilcd.  Ajraiii  in  IS.'!."),  hall'tln'  ^Imits  in  Water 
street  wei'c  sinit  u|),  and  no  man  conld  ehani^e  a  p<>nnd  iim|c  into  ^iivfr; 
but  the  pc|-iod  of  (li'pr"s-ion  pa~-i'd  Iiy,  a  more  certain  ami  >liil)li'  -v<lem 
was  lirom^hl  into  pl:i\',  and  llie  cily  and  connti'v  aL^•lin  pro-pcred.      I.ool; 


bove  II 


lionr 


il  (' 


MU'i 


Il     II 


Mini  see 


th 


~pace  where 


but 


a  lew  short 


(Ml  fK'Id-;  W(M'(;  smilinir,  now  covtM-ed  with  the  stalely  ma 


n- 


years  apt,  i^n 

sioii  or  llie  moi'e  hiimbli'  dwelliiiLr  Iioii-e.  Snppo-e  did  !\Ir.  StaviKM"  o! 
IMr.  Selimidl,  ^•,(M•e  to  sprinij;  from  llieir  !rra\e-;  lo-morrow,  Iiow  woiih' 
they  wuiiii(M-  to  iiiMrk  li.e  cIiMiiire  wliii'h  Iims  parsed  ov(m-  llie  I'.n-e  <,['  llie 
])roperly  which  once  ihey  owned.  And  now,  sir,  to  conclude,  let  me 
l)rielly   reler   to  llie   riMiiMi'ks  of  the   honorable  and   learned    ir<Mitlemar 


loiichiii'j:  the  seviM'Miice  of  onr  alleixiance  to  the  lirilish  c 


rowii. 


Th 


ally  of  Ibis  people  to  iheir  sovereiixn,  is  a  subject  of  loo  !/rMV(>  a  iialurc 
1o  be  dealt  willi  liirlilly.  Sir,  the  old  nicMi  who  jilanled  the  15ritisli 
standard  that  floats  on  yonder  hill  ;  who  had  the  ('(nira'jfe  and  (mi- 
rrpy  to  l)rav(>  the  dan,;jj(M-s  of  eslablishiiej^  a  yoiiii';  iMiirland  in  tbi^: 
western  wild  ;  who  left  us  their  lanLniaire,  their  liNM'alnri',  liieir  past 
history  and  their  le;.rislative  ciiaclnKMil-;,  are  sIumbiM-ing  beneath  the  .soil 
they  liave  be(|n(>ath(.'d  to  us  adorne(l  by  Iheii-  indii-fry.  Shall  we  then, 
unmoved,  listen  to  .sfMitinuMits  such  as  those  which  the  honorable  mem- 
ber lia.s  express(.'d?  Sir,  did  1  believe,  that  instead  of  gratitude  lo  the 
sovereign,  who  has  conferred  upon  us  self-gov(M-nmeiit,  we  would  think 
lightly  of  our  allegiance,  or  balance  it  against  our  jiersoiial  rivalries  with 


each  other,  T  should  blush  v.ith  conscious  shame   for 


my  count ly, 


And 


let  me  tell  the  honorabh!  gentleman,  that  if  any  Urili.-h  INIinisler  con- 
sented to  part  with  this  Province,  with  its  fisheries,  coal  fields,  bays  and 
harbors,  easily  defended  as  it  could  be,  ho  would  earn  impeachment,  and 
deserve  to  loose  his  h"ad.  As  a  «piestion,  then,  of  public  policy,  looking 
to  the  futures  traiKpiillity  of  our  homesteads  and  our  hearths,  T  say  it  is 
the  duty  of  every  Nova  Sccitian  to  discoiintiMiance  lh(>  idea  of  separa- 
tion, as  it  is  etiually  his  duly  lo  defend  llu;  Constitution  of  his  country, 
while  confid(Mitly  relying  u[)on  Ikm*  resources.  In  the  full  belief  that 
further  change  at  this  time  would  be  unwise,  and  that  Nova  Scotia  will 
yet  be  commercially  and  industrially  j)rosperous,  I  beg  leave  to  move 
the  following  amendment  to  the  learned  gentleman's  resolutions:  — 

W/irrras,  the  forms  of  government,  and  modes  of  Administralion 
which  exist  in  this  Province,  have  l)een  cstablish<<l  and  adopted  after 
ten  years'  discussion  and  confiict,  with  the  full  knowledge  and  approval 


622 


DEFEN'CE    OF   TIIK    CONSTITUTION. 


* 


in  1  h 


of  the  people  of  Xova  Scotia,  as  cxpressod  at  tlie  hustings,  and  with 
the  sanction  of  their  sovereign,  conveyed  in  the  dispatches  from  the 
llight  Honorable  the  Secretary  of  State  ; 

And  w/icreas,  the  same  system  of  government  has,  with  e(iual  de- 
liberation, and  alter  many  sacrifices,  been  established  by  the  })cople  of 
Canada  and  New  lirnnswick,  while  it  is  eagerly  sought  by  the  inhabi- 
tants of  Prince  luhvard  Island  and  Newfoundland  ; 

And  w/tcrcds,  it  would  be  lunvise,  while  designing  men  are  seek- 
in"'  in  other  Colonies  to  unsettle  the  minds  of  Her  jMajesty's  subjects, 
and  to  renounce  their  allegianc(\  to  aflTord  to  them  the  slightest  counte- 
nance, by  api)lying  at  this  moment  for  any  fundamental  change ; 

And  whereas,  the  salary  of  the  Lieutenant  Governor  was  fixed  in 
Civil  List  Bill,  and  formed  part  of  a  compromise,  by  which  the  casual 
territorial  revenues  of  the  crown  were  transferred  to  the  I'rovince,  and 
any  breach  of  the  compact  would  be  dishonorable  to  the  people  and 
Legislature  of  Nova  Scotia; 

And  wkercds,  the  Lieutenant  Governor  of  Nova  Scotia,  venerable 
by  his  age,  distinguished  by  his  military  achievements  and  by  his  suc- 
cessful a(hninistralion  of  alfairs  in  three  other  neighboring  Colonies,  is 
possessed,  in  the  administration  of  our  local  government,  of  the  same 
constitutional  prerogatives  and  i)owers,  that  Her  Gracious  Majesty 
enjoys  in  England ;  and  whereas,  in  obedience  to  the  instructions  of  his 
sovereign  and  in  accordance  with  the  well-understood  wishes  of  the  peo- 
ple, His  Excellency  has  so  governed  this  Province,  as  to  sccui'e  the  con- 
fidence and  esteem  of  its  inhabitants ;  therefore, 

Jit'salred,  That  having  recorded  its  sentiments  on  these  important 
topics,  this  Assembly  does  not  deem  it  expedient  to  suggest  any  change 
in  the  institutions  of  this  Province. 

[The  above  resolutions  were  carried,  twenty-six  to  fourteen.] 

Tills  spoecli,  lliongli  at  tlic  time  a  successful  cflbrt,  appears 
to  us  tame  and  lieavy  compared  with  many  others.  The  Lon- 
don Sun  spoke  of  it  as  "  an  oration  of  extraordinary  ability, 
one  suiliciently  remarkable  to  deserve  a  very  careful  and  serious 
examination." 

Tiie  session  was  adjourned  on  the  17th  of  January.  "  Peace 
and  traiK|uillity,"  said  Sir  John  Harvey,  "have  reigned  within 
the  borders  of  Nova  Scotia,  the  great  scourge  of  the  earth  has 
passed  us  by,  and  several  trying  years  of  partial  faihirc  have 
been  succeeded  by  a  comparatively  sound  and  productive  har- 
vest." 


COLONIAL    POST    OFFICFS. 


G23 


ings,  iind  ^vUU 
•lies  IVoin  the 

villi  cHiiuil  dc- 
thi'  people  of 
by  the  iiiluibi- 

(len  arc  seek- 
esty's  subjects, 
lightest  counte- 
hange ; 

•  was  fixed  in 
hieli  the  casual 
;  rrovince,  and 
tlie  people  and 

^otia,  venerable 
and  by  his  sue- 
•iiig  Colonies,  is 
nt,  of  the  same 
acious  Majesty 
ritruclions  of  his 
rihes  of  the  peo- 
i  secure  the  con- 

icsc   important 
vest  any  change 

irteen.] 

effort,  appears 
The  Lon- 
:dinary  ability, 
ful  and  serious 


lary. 


"  Peace 


ireigncd  within 
the  earth  has 
I  faihirc  have 
productive  har- 


Tho  viol(Mit  proceedings  at  Monireal,  and  the  cry  for  annexa- 
tion that  had  aris(>n  1here  and  elsewhere,  arc  thus  slightly  re- 
ferred to  in  the  opening  speech  :  — 

"  Deeply  convinccfl,  as  I  am,  that  the  loyal  sentiments  of  the  people 
of  this  Colony  are  unchanged,  I  do  not  feel  myself  called  upon  to  make 
any  rt^ference  to  the  discussions  which  are  taking  place  in  surrounding 
Colonies." 

A  valuable  concession,  made  by  the  British  government  to  all 
the  North  American  Provinces,  was  thus  announced :  — 

"  The  Im])erial  Parliament  having  passed  an  act  authorizing  the  sev- 
eral governments  of  North  America  to  regulate  their  internal  posts,  a 
measure  will  be  promptl}'  submitted  to  you  in  accortlance  witli  that  enact- 
ment ;  and  1  am  liapjjy  to  be  able  to  assure  you  that  no  obstacle  now  ex- 
ists to  entire  control  being  assumed  by  the  Provincial  government  over 
this  branch  (■'  the  public  service,  and  to  the  establishment  of  a  low  and 
uniform  rate  of  postage  throughout  British  North  America." 

This  was  the  termination  of  all  controversies  upon  very  im- 
portant cpiestions.  The  control  of  the  posts  and  the  employ- 
ment of  conriera  by  the  Postmaster  General  in  London,  were 
incidents  of  the  old  Colonial  system.  They  grew  up  to- 
gether, as  they  must  ever  grow,  where  new  territories  are  con- 
cpiered  and  settled  by  communities  enjoying  the  conveniences 
of  modern  civilization.  It  is  but  fair  to  acknowledge  that  the 
great  powers  exercised  by  the  Postmaster  General,  were  never 
abvised  in  the  maritime  Provinces.  The  salaries  given  were  not 
extravagant,  and  the  patronage  was  rarely  dispensed  in  a  way 
to  outrage;  public  opinion.  Mails  were  sent  with  as  nnich  reg- 
ularity as  could  be  attained  with  sailing  vessels  and  bad  roads  ; 
and  new  routes  were  established  wlu'rever  it  could  be  shown 
that  ihey  would  be  prolitabli',  or  where  the  Legislalure  would 
provide  for  the  expense!.  Tlw.  rates  were  various  and  very  high, 
but  llowhuid  Hill  had  not  entered  \i\)on  the  scene,  and  res])on- 
sible  government  was  a  myth  that  nobody  but  a  few  enthusiasts 
believed  in.  As  nothing  could  be  done  which  touched  politics 
without  consulting  th(!  Colonial  Secretary,  so  nothing  could  be 
done  about  mails  and  post  towns  without  consulting  the  Post- 


\4 1 


T  'I 


C21 


LAW   BILL. 


¥• 

*)': 


t 


'I  < 


mnslor  G(MU'r;il.  C'.irlloadri  of  corrcspoiidciKT  passed  to  and  fro 
across  ilic  Atlaiitif;  and,  as  the  old  U-n  y;un  brio's  oflcn\V(Mit  to 
the  bottom,  duplicates  had  to  be  sent  and  nK)ntlis  to  be  wasted, 
before^  any  ihini,'  could  be  done.  Ijut  yet  the  liont)r  of  the 
crown  and  tin;  security  of  the  empire  a})[)eared  to  Ix*  involved 
in  all  these  intricacies  and  absurtlities.  Sir  Francis  Freeling 
would  as  soon  have  thought  of  surrenchM-inc;  a  mail  to  a  hicii- 
wayinan,  as  of  ii^iving  up  C'olonial  posts  to  the  control  of  the 
Colonial  Ijcjijislatures.  "  Tout  cela  est  chaniije.''  Responsible 
government  once  established,  the  control  of  the  mails  came  as 
a  mattt^r  of  course.  The  Provincial  governments  make  their 
intercolonial  arrangements.  The  Postmasf(>r  (Jcneral  of  each 
Province  controls  its  internal  posts.  Two  or  three  dispatches  a 
year  (lis[)ose  of  all  the  questions  which  touch  Imperial  arrange- 
UKMits,  and  the  conveyance  of  sea-going  letters.  A  uniform 
rate  of  three  ])ence  has  been  established  all  over  13ritish  Amer- 
ica, which  will,  by  and  by,  come  down  to  a  j)enny.  The  w'hole 
service  has  be<Mi  extended  and  improved  in  all  the  Provinces. 
The  Imperial  authorities  have  been  relieved  of  an  inunense 
amount  o[  labor,  and  the  Colonists,  as  a  matter  of  course,  are 
entirely  satisfied. 

()•'  the  oOth  of  January,  Mr.  Howe  brought  down  an  ednca- 
tioiial  measure,  which  had  been  promised  in  the  speech.  It  was 
the  old  Si-hool  Act,  revised  and  condens(>d,  \\  ith  two  new  fea- 
tures, which  in  all  subsequent  acts  have  been  still  preserved. 
These  were  the  appointment  of  a  superintcMidtMit  t)f  education, 
and  the  establishment  of  village  libraries  in  all  ])arts  of  the 
Province. 

This  session  was  enlivened  by  the  introdaction  of  a  bill  which 
caused  no  Utile  excitement  among  the  lawyers  in  the  House, 
and  a  good  deal  of  auiusement  to  the  country  at  large.  Various 
opinions  were  held  al  the  time  as  to  its  t)rigin.  Some  believed 
that  I\Ir.  Howe  had  been  annoyed  by  the  intrigues,  jealousies,  or 
unsteady  support,  of  some  of  the  |)rofessional  adherents  of  the 
govermn(Mit,  and  wished  to  teach  them  a  lesson  and  reduce 
them  to  discipline;  while  others  thought  thtit  th(^  bill  was  brought 
in  from  a  sine(M-e  conviction  of  its  utility.  Whatever  the  uio- 
tive  may  have  been,  the  measure  was  introduced,  advocated, 


LAW   BILL. 


G2{) 


I  i  o  aiul  fro 
lea  ^v(>llt  to 
be  wiis'ti'cl, 
)iior  of  the 
)('.   involved 
is   Frci'liiig 
to  a  higli- 
iitrol  of  tiio 
Responsible 
vils  came  as 
make  their 
leral  of  eaeh 
dispalelies  a 
■rial  arrange- 

A  uniform 
Jriti^li  Anier- 

The  whole 
le  Provinces. 
;ui  immense 
)f  course,  are 

AMI  an  ednca- 
>ech.  It  was 
wo  n(>\v  fea- 
ill  preserved. 
i)f  education, 
parts  of  the 

i)f  11  bill  which 

II  the  House, 
f<r(..  Various 
H)me  believed 

ji'alousies,  or 
liereuts  of  the 
|n  and  reduce 

III  was  brought 
[ever  the  nio- 
ed,  advocated, 


and  fought  through,  with  becoming  gravity,  and  is  still  the  law 
of  the  land.  It  is  entitled  "An  Act  to  authorise  Her  Majesty's 
subjects  to  plead  and  r(>ason  for  themselves  or  others  in  all  ller 
Majesty's  courts  within  this  Province." 

We  give  one  or  two  speeches  by  which  this  novel  measure 
was  defended.  The  absence  of  any  table,  by  which  fees  are 
now  divided  between  l)arristers  and  attorneys,  and  of  any  pre- 
vious examination,  had  been  urged  as  objections. 

INIr.  ITowc  replied.  I  will  answer  the  question  of  tlio  lionor- 
.il)l(!  iri'iitlcnian.  I  would  abiuulon  tliis  restriction,  hocauso.  in  jioint  of 
f:i('t  it  is  not  worth  ii  rush.  I  could  point  to  six  or  seven  barristers, 
who  liave  gono  througli  this  ordeal,  and  have  liecn  admitted  to  tlic  bar 
of  Nova  Scotia,  who  are  hardly  a  grade  above  the  idiot,  or  fit  to  herd 
geiv^c  upon  a  common.  With  respect  to  the  tW^,  I  do  not  expect  tiiat 
any  layman  Avill  go  into  oiu'  courts  to  practice;  law  for  fees.  If  i:c. 
will,  h(!  ouglit  to  have  the  right.  My  learned  friend  strangely  mis- 
takes lli(!  object  of  my  measure,  if  he  supposes  that  T  eoutcmplate  or 
care  what  becomes  of  the  fees.  I  seek  to  reclaim  and  establish  a  common 
right,  for  great  pul)lic  ends  and  advantages;  to  give  to  the  ])oor  and 
oppressed,  the  shelter  of  unpaid  advocacy  and  defence.  I  ask  him  if 
there  were  any  such  monopoly  in  Greece  or  Kome,  as  exists  in  Nova 
Scotia? 

INIr.  Tlarrington.      Yes,  there  was. 

JMr.  Howe.  Ihit,  I  say  no  !  There  were  no  such  restrictions 
in  those  illustrious  nations;  nations  that  have  sent  down  to  us  the 
very  foundations  of  our  laws,  and  the  noblest  specimens  of  li)rensic 
preeminence.  It  will  be  admitted  that  Demosthenes  was  a  pretty 
good  lawyer,  and  one  of  the  best  orators  known  in  the  annals  of 
history.  At  the  age  of  seventeen,  he  walked  into  the  courts  of  his 
country,  and  won  back  his  inheritance  from  the  guardians  who  were 
mismanaging  his  estate.  l)Ut  Demosthenes  was  never  cooped  up  in  an 
attorney's  otfice  tor  five  years,  poring  over  old  musty  volumes  of  almost 
forgotten  lore  ;  he  studied  after  a  very  ditFerent  fashion.  The  son  of  a 
sword  cutler,  he  studied  rhetoric  and  i)hilosophy,  in  the  schools  of  So- 
crates and  Plato,  who  were  not  attorneys,  but  philosophers,  travellers, 
men  of  enlarged  minds,  and  of  experience  in  the  world,  rather  than  in 
courts.  Then,  if  the  Greeks,  who  have  handed  down  to  us  such  brilliant 
examjjles  of  genius  without  any  such  study  and  no  such  monopoly,  is  not 
Nova  Scotia  just  the  country  in  which  to  try  the  experiment  ?  Now  take 
53 


^!'l 


mi 

m 


626 


LAW  BILL. 


Ir. 


m 


I 


Rome  ;  lliorc  was  Cicero.  Nobody  will  deny  that  lie  wa^  nearly  as  p^reat 
a  lawyer  and  orator  us  any  wo  have  in  Nova  Sooda.  lie  studied  ora- 
tory, philosophy,  and  all  the  branehes  that  eonld  expand  the  inind  and 
polisili  his  intellect,  for  years.  lie  defended  the  op[)res,«ed  for  fame,  and 
thouj^ht  very  little  of  the  smaller  matters  of  fees  and  their  subdivision, 
of  which  my  learned  friend  seems  to  think  so  much.  At  twenty-six  he 
pleaded  some  causes,  for  the  reputation  to  hn  acciuired,  and  then  went 
olf  to  Athens,  to  study  the  great  masters  of  oratory  there.  AVcll,  now 
these  are  great  examples,  given  to  us  by  those  classic  periods  of  which 
we  often  hear  so  much.  The  honorable  member  for  King's  asked  me, 
"An!  those  admitted  to  plead  to  be  subject  to  the  same  restraints  as  the 
present  barristers  ?  "  1  say  yes  ;  my  bill  does  not  contemplate  degrading 
the  courts  or  the  profession,  but  raising  the  character  of  both.  There 
is  no  restriction  against  any  man  being  sent  here  by  the  people;  but, 
aft'-r  we  come  here,  we  are  under  tlu;  law  as  expounded  by  the  Speaker. 
So  any  man,  that  enters  a  court  of  law,  must  conduct  himself  with 
decorum.  From  what  I  have  seen  of  late,  I  believe  that  the  power  of 
the  judges  is  too  great;  that  they  exercise  an  influence  over  the  bar  be- 
cause the  bar  live  by  the  profession,  and  dare  not  say  what  they  think, 
cither  to  or  of  the  bench.  But  suppose  I  were  to  enter  a  court  of  justice, 
placed  without  the  charmed  circle,  I  should  not  feel  the  weight  of  that  iu- 
fluence  bearing  as  heavily  upon  me  as  though  I  had  but  the  profession 
of  the  law  to  look  to  for  my  bread.  Let  any  man  enter  a  court,  and 
face  a  judge  and  a  jury  for  a  day,  and  then  walk  off  about  his  other 
business,  he  would  be  enabled  to  act  more  independently  than  those  who 
are  continually  under  their  influence. 

We  saw  the  operation  of  the  system,  two  years  ago,  when  charges 
were  broadly  made  here,  and  subscciuently  (|ualitied  and  withdrawn. 
We  saw  it  recently,  when  barristers  talked  of  a  judge  being  drunk,  who 
would  have  shrunk  from  preferring  the  accusation  to  his  face,  or  on  the 
floors  of  Parliament.  I  do  not  believe  that  any  judge  in  this  country 
"was  ever  drunk  upon  the  bench,  and  I  am  not  providing  for  any  such 
case  ;  but  suppose  it  did  occur,  the  layman  that  walks  into  court  cannot 
be  coerced  or  controlled  farther  than  to  decent  conduct  while  there. 
But  by  this  monopoly,  you  at  once  place  around  the  bench  a  protecting 
influence  from  the  free  a.id  uni'estrained  criticism  of  the  whole  com- 
munity; removed,  you  open  the  judge  to  the  free  scope  of  popular 
opinion,  and  throw  around  him  its  protection.  The  bench  will  be  pro- 
tected from  a  whisper  of  offence  by  the  general  confidence  which  will  be 
inspired,  and  the  elevation  which  it  will  obtain  ;  rising  upon  the  suflrages, 
not  of  an  interested  clique,  but  of  a  confiding,  intellectual  community. 


i^ifi 


y*!  '■ 


I' 


i 


LAW  BILL. 


C27 


ti 


•arly  as  ^roat 
!  sUiilifl  «™- 
hc  iniiid  iuxl 
for  iUnie,  aiul 
r  subdivision, 
twenty-six  he 
nd  then  wont 
!.     Well,  now 
•iods  of  wliicli 
ig's  asked  me, 
stniints  us  the 
late  degrading 
both.     There 
a  people;  but, 
y  the  Speaker, 
it  himseh'  with 
t  the  power  of 
iver  the  bar  be- 
i'hat  they  think, 
court  of  justice, 
oi'dit  of  that  iu- 
t  the  profession 
tor  a  court,  and 
about  his  other 
than  those  who 

.,  when  charges 
iiid  withdrawn, 
uing  drunk,  who 
face,  or  on  the 
hi  this  country 
iig  for  any  such 
nto  court  cannot 
net  while  there, 
nch  a  protecting 
the  whole  coni- 
■opc  of  popular 
nch  will  be  pro- 
ice  which  will  be 
_)on  the  suflrages, 
;tual  commuuity. 


But,  it  is  said,  a  layman  can  never  .study  and  comprehend  the  lawi5. 
"Why  not  ?  AVliat  is  (here  so  abstruse  and  dilhcult  in  our  connuon  and 
statute  law?  Take  tlie  laws  of  nations,  which  have  to  form  the  l)asis  of 
all  diplomacy.  Tlicse  are  lianded  over  generally  to  a  l)ody  (A'  men  who 
are  not  lawyers,  but  yet  wlio  arrange  and  manag(3  treatii^s,  with  all  their 
mighty  interests,  and  infinity  of  detail,  to  the  satisfaction  of  their  re- 
spect ivc  nations.  So,  take  commercial  law.  Merchants  master  Itut 
cannot  practice  it.  I  need  not  go  out  of  this  street  to  find  a  man  who 
understands  commercial  law  as  well  as  any  lawyer  in  the  country,  and 
whose  opinion  I  would  rather  fake  ;  but  I  cannot  ask  his  opinion  ;  he 
cannot  go  into  our  courts  and  plead  a  ca^e.  Now  take,  again,  the 
divine  law.  Any  blockhead  may  go  into  a  pulpit,  shatter  the  nerves  of 
a  whole  congregation,  discourse  of  things  temporal  and  things  eternal, 
and  dispose  not  of  our  estates,  but  of  oiu'  souls  ;  and  yet  the  most  ac- 
compli.rhed  statesman,  who  is  not  a  lawyer,  cannot  go  into  one  of  Her 
Majesty's  courts  and  sue  for  a  ten-pound  note,  or  seek  restitution  of  a 
poor  widow's  rights.  Again,  the  law  martial,  —  by  which  tiie  whole 
armies  of  England  are  regulated  and  governed,  —  is  administered  by 
the  ofhcerb'  of  that  army,  who  are  none  of  them  lawyers  ;  pcrJiaps  never 
looked  into  a  law  book  in  their  lives.  The  livos,  Ihe  honor,  of  gallant 
gentlemen  and  fine  soldiers,  are  forfeited  or  secured  by  such  tribunals 
every  day.  The  errors  are  not  moi'e  numerous  than  ai)pear  in  our 
courts  of  law.  Yet  the  general  who  has  presided  over  an  hundred  such 
tribunals,  could  not  plead,  when  on  half-pay,  a  common  case  of  trespass 
in  our  civil  courts. 

I  sustain  this  bill  then  because  I  believe  all  monopolies  are  bad.  Sup- 
pose we  were  to  secure  in  this  city  to-morrow  a  monopoly  of  commer- 
cial business,  that  we  should  take  a  hundred  men  and  confide  to  them 
the  whole  foreign  commerce  of  the  country  and  let  no  others  send 
ships  to  sea.  Enterprise  would  be  cramped,  trade  would  languish,  our 
mercantile  character  would  be  lowered,  and  the  community  much  less 
prosperous  and  contented.  Take  (he  scienc^es  of  chemistry,  astronomy, 
are  they  not  as  abstruse,  as  perplexing,  as  law  ?  Like  law,  (hey  are 
progressive  sciences.  Why  have  they  improved  so  much  and  law  so 
little?  IIow  is  it  that  we  can  measure  .Tupiter,  but  cannot  frame  a 
reliable  plea  or  indictment?  Take  Mrs.  Somerville's  mechanism 
of  the  heavens.  Put  it  into  the  hands  of  the  lawyers  of  Nova  Scotia, 
and  I  doubt  if  five  of  them  will  understand  it.  Do  you  suppose  that 
such  works  would  have  been  composed  by  women,  if  the  sciences 
were  placed  in  the  hands  of  a  few  men  who  enjoyed  a  monopoly 
of  their  study  and  cultivation?     Take  the  science  of  civil  engineering. 


r.ix 


G28 


LAW   BILL. 


m ' 


that  Ijy  wliicli  we  have  lately  ,«con  ii  highway  hung  in  the  air,  and  ovor 
Avhit'll  railway  trains  pass  with  the  rapidity  of  ligiitning ;  and  yet  the 
man  \vhosc  mind  was  sntFiciontly  comprehensive  to  plan  and  execute 
such  a  work  as  this  is  debarred  from  entering  a  court  of  justice  and 
pleading  the  siniidest  case  for  a  friend.  The  one  branch  of  science  is 
free,  and  the  other  is  stami)ed  with  a  seal  which  would  lead  us  to  believe 
that  but  the  few  initiatc^d  could  comprehend  it.  Now,  let  me  say  with 
respect  to  the  bench,  it  can  never  rise  above  the  intellect  of  the  bar  in 
this  or  any  other  country  in  the  world.  The  judges  are  selected  from 
the  bar ;  they  must  be,  and  they  hear  no  instructors  but  the  law- 
yers. The  jury  cannot  speak,  nor  can  the  audience  ;  and  it  Avould  not 
hurt  the  judges  to  find  a  new  mind  springing  up  occasionally  to  instruct, 
entertain,  :uid  convince.  Take  an  instance,  ten  years  ago,  when  I  sat  in 
that  gallery,  and  thought  it  (contrary  to  modern  notions)  a  pretty  re- 
spectable sort  of  a  place,  I  daily  listened  to  the  oratory  of  the  father  of  the 
present  honorable  and  learned  Speaker.  His  sons  will  not  contradict  me, 
when  I  assert  that  he  was  superior  to  them  both,  in  general  knowledge, 
accuracy  of  detail,  comprehensive  views,  and  manly  eloquence.  Yet  to 
the  day  of  his  death  he  could  not  have  stepped  across  the  charmed 
circle,  or  have  raised  his  voice  in  a  court  of  justice. 

I  think  it  is  Dickens  who  asks.  Did  anybody  ever  see  a  dead  donkey? 
This  may  be  a  very  rare  sight,  but  it  is  an  equally  rare  one  to  see  a  law- 
yer in  jail.  I  have,  within  my  own  memory,  known  fifty  cases  where 
the  property  of  the  poor  was  withheld  from  them  by  members  of  the 
profession  ;  and  no  lawyer  could  be  obtained  who  would  bring  an  action 
against  one  of  his  own  cloth.  Sir,  if  in  the  course  of  my  life,  I  have 
seen  one  case,  I  have  seen  hundreds,  in  which  my  sympathies  prompted 
me  to  enter  a  court  of  justice  and  plead  for  the  oppressed,  but  this  mo- 
nopoly would  not  allow  it.  Take  doctors  and  clergymen.  Suppose  a 
case  of  dire  oppression  is  brought  home  to  their  senses,  is  there  any 
reason  why,  if  they  see  a  case  of  rascality  per})etrated  on  one  of  their 
parishoners  or  patients,  appealing  to  tiieir  nobler  feelings,  they  should 
not  take  the  agrieved  party  by  the  hand  and  go  into  court  and  plead 
the  case  of  the  i)oor  and  oppressed?  I  advocate  this  bill  then,  because 
it  will  put  all  on  a  fair  footing  with  the  privileged.  I  say  I  never  knew 
a  lawyer  to  be  in  jail.  Yet  I  have  seen  fifty  eases  where  parties  were 
kept  out  of  their  money,  and  although  a  few  persons  may  have  found 
redress,  the  cases  are  very  rare.  I  have  found  in  my  rambles  through 
the  country  hundreds  of  cases  of  hardship  which  I  would  have  pleaded 
from  sympathy,  and  without  ever  a  thought  of  how  the  fees  were  to  be 
divided.    The  honorable  member  from  Sydney  told  me  that  I  went  into 


LAW   BILL. 


629 


court  once  and  made  a  prcdy  long  ppeccli.  And  po  I  did.  I  got  then 
a  pretty  good  idea  of  liow  things  arc  done.  The  hnvyers  do  not  take 
three  meals  a  day  of  law  Avlth  perfect  gusto.  They  study  a  little  when 
young,  and  after  that  tiiey  josths  about  in  the  profession  and  take  their 
chance.  Now  and  then,  there  is  a  fellow  who  studies  very  deeply,  and 
he  drops  off  before  his  litne.  I  am  not  so  sure  that  our  young  farmers 
and  mechanics  do  not  tax  their  mental  and  bodily  energies  (piite  as  much 
as  our  young  lawyers. 

Our  present  venerable  Chief  Justice  stepped  out  of  the  ranks  of 
the  army,  and  I  believe  that  all  his  books  might  have  been  carried 
on  a  wheelbarrow  when  he  was  elevated  to  the  bench ;  he  devoted 
but  a  short  time  to  the  study  of  law,  and  a  capital  judge  he  has 
made  ever  since.  IIow  long  was  Erskine  studying  law?  lie  made  two 
or  three  voyages  to  sea,  spent  a  year  or  two  soldiering  ut  Malta,  another 
studying  under  an  actor,  was  enrolled  at  the  Temple,  and,  in  a  short  time 
entered  the  court  at  Westminster,  where  he  astonished  the  bench,  the 
bar,  and  the  British  public,  and  commenced  that  brilliant  career,  which 
he  followed  up  by  triunii)h  after  triumph  till  the  close  of  his  life.  Now, 
let  me  ask  gentlemen  who  fancy  there  is  something  mysterious  in  the 
law,  what  arc  the  ordinary  run  of  cases  that  come  into  our  courts,  cases 
of  debt,  assault,  trespass,  slander.  What  mystery  surrounds  them  ? 
There  is  not  a  day  that,  as  Legislators,  we  do  not  study  and  dispose  of 
matters  of  more  intricacy  and  in)portance.  It  was  my  fortune  to  study 
the  law  of  libel  once,  and  in  three  Aveeks  I  think  I  read  more  of  it  than  any 
lawyer  ever  did  in  Nova  Scotia.  The  Speaker  laughs  ;  but,  sir,  the  proof 
of  the  pudding  is  in  the  eating  of  it.  And  while  my  law  was  accepted 
as  sound,  the  law  of  the  bar,  and  of  the  judges  too,  was  voted  absurd 
by  the  jury.  I  ask  any  man  to  go  into  our  courts  of  law,  and  ask  him- 
self if  he  could  not  take  from  a  dozen  different  walks  of  life  those  who 
■would  shed  more  honor  and  intelligence  than  many  of  those  Avho  sit  be- 
hind the  bar  ?  But  I  may  be  told  that  gentlemen  would  go  there  to 
lecture  the  judges  on  mineralogy,  etc.  Sir,  that  would  not  be  the  effect ; 
but  I  do  sincerely  believe  that  the  profession  suffers  from  being  circum- 
scribed among  a  few  and  from  not  being  open  to  the  free  competition  of 
other  minds ;  and  once  open  our  courts  by  this  bill,  and  admit  all  those 
whom  I  know  are  steadily  preparing  to  take  their  stand  in  any  walk  of 
life  into  which  inclination  or  ability  may  lead  them,  and  you  will  see  a 
vast  difference  in  the  intellectual  calibre  of  our  courts.  The  honorable 
member  for  Cumberland  says,  let  the  bill  pass,  it  will  only  create  an 
additional  number  of  law  suits.  I  do  not  think  such  will  be  the  effect. 
At  the  present  moment  there  is  no  free  scope  given  to  defend  the  rights 
53* 


C30 


LAW  BILL. 


LiV,( 


\{\ 


lim 


of  (lie  poor.  T?iit  rompofltion  was  (.•iR'()uni;^f'il  Ity  ilie  Grcoks  and  Ro- 
mans ;  and  I  hclicve  tin;  tiin«!  will  conic  wlnii  wc  >liiill  sec  llic  same  policy 
prevail  in  our  courts  ;  when  men  w  ill  plead  cases,  not  only  lor  money.  Itiit 
for  the  credit  it  gives  lliem,  and  the  .satisfaction  of  doing  good  to  a  fellow 
creature.  I  will  not,  sir,  detain  the  committee  longer.  The  want  of  some 
such  hill  a.s  this  has  long  pressed  upon  mo.  The  mode  of  carrying  out 
the  idea  may  not  he  correct,  hut  the  principle  I  helieve  to  he  sound. 

On  ii  subsequent  clay  the  followini];  reply  was  ff'ivcn  to  a  very 
able  attack  made  on  the  bill,  by  the  lion.  Mr.  Johnston. 

Mr.  Chairman,  I  should  certainly  ill  discharge  my  duty  to  the  com- 
mittee and  to  myself,  were  I  not  to  answer  the  learned  gentleman  on 
the  si>ur  of  the  moment,  so  far  as  the  deepening  shades  of  evening  will 
permit.  I  will  say,  sir,  that  the  honorable  and  learned  gentleman's 
opposition  to  this  hill  is  sincere,  and  springs  from  no  professional  jealousy. 
lie  has  been  too  long  engaged  in  his  profession,  and  has  fought  his  way 
too  high  to  fear  the  contact  of  inferior  minds.  He  hiis  won  a  position 
in  his  profession,  which  no  one,  starting  imdcr  this  hill,  could  assail.  I 
respect  the  honorable  gentleman's  forensic  talents,  and  admire  the  cool 
and  collected  manner  in  which  lie  has  delivered  his  argument  to-day. 
The  honorable  and  learned  gentleman  seemed  to  consider  that  I  held  the 
bar  of  Nova  Scotia  lower  than  that  of  any  other  country.  Sir,  I  respect 
the  bar  generally ;  but  it  was  of  the  monopoly  I  complained,  and  it  is 
that  which  1  seek  to  abolish.  I  affirm  that  unti-ied  and  ignorant  men 
will  seldom  seek  to  thrust  themselves  forward  upon  an  arena  where 
they  will  only  prove  their  ignorance,  and  from  which  they  will  inevitably 
retire  with  defeat.  But  there  arc  many  who  have  been  tried,  and  whose 
talents  would  not  disgrace  any  sphere,  howcivcr  exalted.  These  are  now 
excluded,  while  men,  far  their  inferiors,  in  knowledge,  eloquence,  and 
virtue,  are  by  your  present  system  intrusted  with  the  lives  and  proper- 
ties of  the  peo[)le,  and  admitted  to  jjlead  and  reason  in  our  courts. 

I  was  amused  with  an  argument  of  the  honorable  member  for  Cum- 
berland. He  says,  the  bill  ought  to  go  farther  and  admit  the  ladies  into 
the  courts  of  justice.  Why  not?  They  would  make  elo([uent  pleaders. 
Does  he  remember  that  celebrated  scene  where  two  females  rushed  into 
court  with  a  case,  reported  in  an  imperishable  volume  —  a  cause,  where 
a  layman  was  the  judge,  and  ladies  the  only  orators.  With  their  ma- 
ternal feelings  excited,  the  mothers  rushed  into  court  without  being 
accompanied  by  two  lawyers  who  had  studied  for  five  years,  and 
both  claimed  the  child !     King  Solomon,  who  was,  perhaps,  nearly  as 


LAW   HILL. 


C31 


IS  and  Ro- 

in()in'}'<  '"'^ 
,  to  a  It  How 
•mitot'soine 
•urryinj?  out 
\  sound. 

u  to  a  very 
on. 

to  the  com- 
'(nitlt'nian  on 
evening  will 
genlluman's 
jnal  jealousy. 
)up;ht  his  way 
on  a  position 
iiiUl  assail.     I 
Imiro,  the  cool 
Lunent  to-day. 
hat  I  held  the 
Sir,  I  respect 
ined,  and  it  is 
i;^norant  men 
arena  where 
will  inevitably 
led,  and  whose 
These  are  now 
doquenee,  and 
C3  and  proper- 
courts, 
liber  for  Cuin- 
the  ladies  into 
jiient  pleaders. 
fs  rushed  into 
•X  cause,  where 
A^ith  their  ma- 
without   being 
ive  years,  and 
haps,  nearly  as 


wise  as  the  jud;;<'s  iu  Nova  Scotia,  repelled  ihcni  by  no  Ibriii-;,  a-krd  for 
the  aid  of  no  roundel  learnctl  in  the  law.  Itut  hi-  huilsludird  ihi-  laws  of 
nature,  and  sounded  the  depllis  ofthe  hnnian  hrml.  AVilh  a  j^lance  hii 
detected  the  ritflidul  owner,  and  gave  a  judgment  whieh  has  never  been 
reversed.  Wliat  answer  does  tlu^  learned  nieinber  I'or  Pietou  give  to 
the  cas<'  T  (pioted  last  evening.  The  state  of  your  law  wonld  have  re- 
fusetl  adinitlanee  to  Agricola.  w  h(»  <'oiild  have;  eutere(l  any  pnblie  ii~-enibly 
and  shed  lustre  on  it.  The  honorable  and  learned  member  fears  that 
parties  will  enter  the;  conrt  who  are  not  ac(|uaiuted  with  tlii;  forms. 
"What  !i  bugbear  is  this  story  of  the  forms  —  the  forms.  Why,  sir,  have  we 
no  forms?  1  may  ask  the  clerk  to  hand  out  three  huge  vohunes  of  llat- 
sell,  whieh  every  member  of  this  House  is  snpposed  to  be  aeiiuaiuted 
with,  and  by  Avhieh  he  must  be  governed,  and  yet  we  must  be  all  law- 
yers. I  remember  well,  that  when  an  aspirant  fur  the  chair  in  which 
you  sit,  those  huge  volumes  were  held  up  to  me  as  formidable  obstruc- 
tions by  timid  fii(;nds  and  artful  enemies.  But  I  found  these  {(jrms, 
after  all,  not  very  diilicult  to  understand,  or  to  administer;  if  the  forms 
of  the  su[)renu)  court,  are  more  intricate  and  complex,  il  is  «piite  time 
that  laymen  were  let  in  among  them. 

The  honorable  and  learned  member  for  Annapolis  fcemed  to  doubt 
my  sincerity,  and  talked  of  kite-ilyitig.  Now,  sir,  I  may  say,  I  hope 
this  little  kite,  of  mine  nuiy  have  a  tail  long  enough  to  steady  f  nd  carry 
it  to  its  destination  ;  thai  is  the  test.  If  I  can  only  get  a  tail  long 
enough,  I  will  vouch  for  the  safety  of  the  string.  ]hit  my  kite  is  nothing 
to  his;  the  piece  of  pasteboard  he  laid  on  the  table  of  the  House  yester- 
day :  how  long  he  expects  that  kite  to  fly,  or  how  high  it  will  soar,  is  a 
cuiious  question. 

The  learned  member  defends  the  monoply  on  the  principle  of  a  divi- 
sion of  labor,  but  have  we  not  the  division  of  labor  in  all  the  ciher 
walks  of  life,  without  mono[)oly?  The  old  judge  might  not  have  been 
a  good  horse-jockey.  Few  men  are,  but  he  could  buy  and  sell  horses  if 
he  pleased.  ]My  argument  is,  that  a  farmer  or  a  horse-jockey  should  have 
the  same  rights  in  iht!  courts,  as  a  judge  or  a  lawyer  has  on  the  turf  or 
in  the  field. 

But  he  says,  did  you  ever  hear  of  a  doctor  turning  merchant  ?  I  an- 
swer, yKt<;  we  hav(^  one  in  this  town,  who,  by  giving  his  leisure  hours  to 
trade,  has  accumulated  a  very  handsome  conii)etence.  ])Ut  a  doctor 
can  turn  merchant,  or  a  merchant  can  turn  doctor,  but  neither  one  nor 
the  other  can  turn  lawyer.  The  honorable  member  has  referred  us  to 
Cicero  and  Ca'sar,  who,  he  says,  had  many  clients,  who  were  the  friends, 
the  adherents,  the  supporters  of  these  great  men,  and  the  higher  their 


h  li 

■*1 


\i  ^"« 


C32 


LAW   niLL. 


nl)ili(y,  iIk'  iiKiro  cxtcndiMl  witi-  llidr  ru«'iUH<»riii(!ii('iic('.  I  Iiiivf  aliTiidy 
slu'Wii  tliiil  Cicero  plcndtil  not  liu-  iikuic}',  Imt  lor  lioiior  :iii<l  I'miih' ;  .uid 
the  ciisi!  of  Cu'sar  tells  moiv  jiowerl'iilly  !i;,'ains(,  my  o|i|ioiieiits  tliaii  lliat 
of  Cicero  ;  for  lie  was  an  elocjiK'nt  orator,  iilllioii};Ii  Iircd  to  arni-i.  The 
lioiiurahic  mid  leariie(l  •rentleiniin  argues  that,  fruni  the  proportionate 
nuinher  of  lawyers  in  this  House,  tht;  profession  nni.-t  hi-  very  popular, 
and  tli(!  ineinhers  of  it  very  nsefid  in  the  country.  IJut  I  take  a  very 
dilferent  view.  Ily  confining  the  knowledge  and  the  practice  of  law  to  tl 
limited  nnmher  of  persons,  yf»u  give  that  limited  lunnher  an  inifair  ad- 
vantage over  the  whole.  They  alone  learn  to  speak  in  pnhlie  —  to 
plead,  to  reason.  They  alone  acipiire  the  eonlldence  to  rise  and  ad- 
dress {)uhlie  assemhlies.  They  alone  gather  round  them  a  ninneroii.s 
clicncy  who  desire  their  advocacy  or  dreail  their  power.  They  alone 
grasp  and  llll  the  local  offices  which  give  influence  in  the  difVerent  coun- 
ties;  and  hence,  when  elections  are  to  he  run,  they  carry  with  them  to 
the  hustings  the  advantages  secured  to  them,  and  Avhich  arc  strengthened 
by  the  monopoly  they  enjoy  in  the  courts. 

But  let  th(!  bar  he  thrown  open,  iuid  then  I  do  not  think  there  will  he  the 
same  preponderance  of  the  profession  here.  IJut,  Ik;  says  that  Krsklne 
studied.  So  he  did ;  but  I  told  the  honorable  and  learned  member  tho 
truth  last  night,  when  T  said  that  ho  was  bred  a  sailor  and  then  a  soldier; 
and  that  after  studying  a  i'aw  years,  he  had,  at  his  first  step  into  the  pro- 
fession, shown  an  intimacy,  not  only  with  the  great  princi[)les  of  law,  but 
a  cultivated  clocpience  and  a  fertility  of  illustration  drawn  from  his  en- 
larged observation  of  men  and  things,  that  astonished  the  liar,  the  bench, 
and  the  cou'.try.  His  argument  is,  that  Erskine  was  successful.  The 
honorable  gentleman  referred  to  the  late  Mr.  Gray,  whom  we  all  knew, 
and  whose  memory,  though  he  was  a  political  opponent,  I  highly  respect. 
Sir,  I  admit  that  a  gentleman,  such  as  Mr.  Gray,  has  often  stei)ped  for- 
ward and  vindicated  the  rights  of  the  poor  man,  and  perhaps  there  arc 
many  others  not  less  ready  or  willing  to  do  so.  But  still,  that  is  no 
reason  why  we  should  refuse  to  the  poor,  wider  and  more  extended  means 
of  obtaining  justice.  For  once  that  they  obtain  such  voUnitary  aid 
under  IIk;  present  system,  they  would  have  it  ten  tim<'s  under  my  bill, 
and  at  least  they  would  be  secure  of  a  redress  of  wrongs  done  them  by 
members  of  the  profession  itself,  and  for  which,  now,  there  is  rarely  any 
remedy. 

Sir,  the  honorable  gentleman  has  told  us  how  hard  the  lawyers  in 
England  work,  so  they  do,  and  so  many  do  here.  But,  sir,  we  have  a 
population  of  three  hundred  thousand  in  this  country,  and  it  may  be  that 
you  have  not  all  the  brightest  intellects  at  the  bar,  notwithstanding  their 


Hi  i 


LAW  DILL. 


G33 


gfrtt  sfinly.  TT;ivp  wo  not  niniiy  men  tniiirm;»  in  varioiH  walks  ciPlifo, 
wlio  study  liiinl  ;  iiini  wlio  arc  iiiilclhli'^alili'  in  |iiiii~liiiii,'  ilicir  iiiind-i, 
ami  wlio  may  lie  as  wfll  <|iiMlilit  <l  liir  tlir  iiracticf  i.f  ilic  lnw  a-i  any  wlio 
have  lircn  adniiltcil  al  tlir  liar?  I  iloiild  ilii  iny>tcrion-t  inlliicni'i' df 
Ave  yraiN  ai  mii  alliu'iKv'-i  <li'-k,  ami  tin'  liiiinlni'.i;  (pI'  an  cxaininalioii 
wliifli  1  ■^liowctl  la«t  nij^lit  was  prrl'cotly  nscle^s. 

Mr.  .Idlai-tun.     Tin'  j>iiiis  nssiimnnii. 

I\lr.  IIouc.  l*rrlia|ts  yon  arc  ri^lil  ;  I'nr  tlicrc  arc  many  of  llicse 
yoiiiij?  sprigs  oi"  ilio  law  wlioin  n(t  man  wonM  ever  >n>jic('l  of  exor- 
cising any  very  great  powers  of  niiml.  15nl,  sir,  I  lia\f  ilihrmineil  to 
pay  notliing  wliicli  may  app<'ar  invi'lion.-.  If,  npon  it,  ^nmi'iil  merits, 
this  hill  cannot  lie  sustained,  iIkmi  let  it  go,  rather  than  indiviihial  feeling 
shonM  he  wonnded  hy  pergonal  references.  I  feel,  >ir,  that  I  am  weary- 
ing the  committee,  and  as  I  shall  have  amither  oi)|)ortnnily  of  answering 
ohjootions  to'  the  hill,  I  will  no  longer  detain  them  al  this  lale  hour.  One 
single;  ohservalion  and  1  closo.  I  was  twelve  years  in  hnsiness,  and  I 
appeal  to  hrmi  of  hnsiness  within  this  Ilonse,  and  heyond  it,  to  say  if 
their  experience  has  not  heen  the  same.  In  those  twelve  years  —  and  to 
this  inonoi)oly  alone  I  attrihnt(!  the  can.-e  —  I  could  never  collect  a  debt 
from  a  lawyer  who  did  not  choose  to  pay  nie. 

His  fricMid  tho  Speaker  also  attacked  the  hill,  and  got  this 
answer :  — 

It  was  the  practiee,  INIr.  Chairman,  among  the  Loorians,  when  a  man 
proposed  a  new  law  he  was  to  go  hefori'  his  fellow  citizens  with  a  halter 
urotnid  his  neek,  and  if  the  law  was  rejected  he  snfVered  th(>  penjdty  of 
death  for  his  jtresnmption.  "When  T  intro(liice(l  this  hill,  I  knew  the 
risks  I  ran  ami  th(!  opjiosilion  I  shoulil  have  to  eneonnler.  "When  T  saw 
the  half  smile  which  played  upon  the  lips  of  the  lionorahle  and  learned 
Speaker,  1  mueli  feared,  notwilhstantling  his  professions  of  friendship  to 
the  measure  on  a  former  day,  that  he  would  do  as  lie  has  done,  go  over 
and  Join  the  ranks  of  the  enemy.  II((  has  expressed  his  deliberate 
opinion,  and  I  do  not  complain  ;  hut  I  will  tell  that  lionorahle  and  learned 
gentleman  that  this  hill  is  no  hastily  eoneoeted  schenK" ;  no  crude  thought 
thrown  hefore  this  Assemhly  without  due  consideration,  hut  tiie  result  of 
deliberate  and  mature  relleetion.  It  is  not,  as  it  was  styled  hy  the  lion- 
orahle and  learned  mend)er  for  Annajudis,  a  kite  thrown  up  fJjr  some 
popnlar  and  temporary  purpose  ;  hut  something  which  from  my  heart 
and  soul  I  believe  will  advance  the  interests  of  our  country.  The  nov- 
elty of  the  idea  has  been  pleaded  as  groundof  objection,  but  most  things 


i- 


w. 


G34 


LAW   BILL. 


't 


m.iii 


lliat  arc  valuable  liavo  had  an  luiiuMo  orij^in.  Tlie  marinor's  ooinpass 
■\vas  iiivcnicd  in  an  ohsciiro  Italiau  town ;  the  steam  engine  was  eon- 
structed  in  a  Seottish  seaport ;  a  town  of  no  great  mark  or  likelihood 
gave  l)irth  to  the  art  of"  printing;  and  so,  this  example,  set  by  the  little 
Legislature  and  I'l'ovinee  of  Nova  Scotia,  will  eventually,  or  I  am  mis- 
taken, be  followed  in  other  eountries.  I  feel  myself,  in  the  advocacy 
of  this  bill,  opposed  to  immense  odds ;  I  have  felt  the  varied  talent  of 
this  cor|)oration  bearing  down  upon  me  since  its  introduction.  But, 
sir,  will  any  man  venture  to  predict,  when  he  sees  all  the  monopolies 
of  the  days  of  Queen  Klizabeth  and  Charles  the  First — the  P^ast 
India  Company's  exclusive  charter,  and  the  great  tood  monopolies 
of  the  landlords  of  England  —  stricken  down,  that  this  is  to  last?  Sir, 
I  am  forry  il".  in  the  advocacy  of  this  bill,  I  have  allowed  the  veins  to 
swell  upon  my  forehead,  and  tha  blood  to  mantle  in  my  cheek ;  but 
let  me  tell  the  honorabh;  and  i('iTriied  membi'V  for  King's,  that  if  I 
ajtpeared  too  animated  when  I  addressd  him,  it  was  not  because  I  feared 
his  arguments,  but  because  I  was  afraid  that  he  would  not  leave  me 
enough  of  the  night  fairly  to  advocate  my  measure. 

I  listened  attentively  to  the  arguments  of  my  honorable  and  learned 
ft",  lid  the  Speaker.  "What!"  said  lie,  "let  in  everybody?  Why,  if 
yon  commit  such  an  outrageous  act  as  that  you  will  have  our  venerable 
Chief  Justice  annoyed  by  the  misbehavior  of  those  who  may  violate  the 
decorum  of  the  court."  Sir,  I  saw,  not  very  long  ago,  in  presence  of 
tlie  venerable  Chief  Justice,  a  learned  member  at  the  head  of  the  op- 
position, who,  threatening  to  pull  the  Speaker's  nose,  snapped  his  fingers 
in  his  face,  declaring  his  determination  to  knock  him  down.  Will  laymen, 
if  .  dmitted,  commit  more  gross  violations  of  decorum  than  this?  Let 
me  refer  the  honorable  Speaker  to  a  case  in  answer  to  his  statement 
"  that  all  |)ersoiis  in  the  Province  requiring  counsel  could  obtain  it,  and 
that  the  bar  was  fully  adecpiate  to  meet  the  re([uirements  of  the  people." 
The  crown  granted  to  a  poor  Avoman  residing  in  Arichat  a  piece  of  land; 
a  neigiilior  encroached  upon  it,  and,  believing  the  (Queen's  grant  to  be  a 
reality,  >\\r  employed  counsel.  The  jury  gave  a  verdict  against  her, 
which  would  have  been  set  aside  if  argued  before  the  judges.  The 
widow  was  poor,  and  though  her  story  was  told  to  half  a  dozen  profes- 
sional men.  not  one  would  see  justice  done  to  her.  Deprived  of  her 
j)roperly,  ruined  by  its  defence,  she  presented  herself  to  me,  and  said, 
'•  (jlood  Ciod,  ]Mr.  Howe,  what  am  1  to  do;  surely  the  crown  did  not 
wish  to  entrap  me  into  a  lawsuit."  I  could  but  say,  I  cannot  aid  you; 
1  wish  1  could  go  before  the  court  and  tell  your  story,  and  I  think  I 
could  obtain  justice  for  you.     Uut  if  the  lawyers  will  not  go,  nobody  else 


LAW   BILL. 


635 


can.  T  f^ivc  the  lionor.iblo  Speaker  that  one  instance  ;  I  could  give  him 
fifty  ollicris.  AVliat  says  he  again  ?  ■■•  Tiie  law  |»rac'tice  of  our  courts 
forms  a  ooiuplicated  auil  au  artidcial  syslcui."  Sir,  I  believe  it,  and  there 
is  thr  more  reason  for  eomhiued  (.'xcrtiou  to  render  it  sim[)l(',  iutelligiblc, 
and  easy  of  access.  A  great  part  of  this  '•  million  of  fact-,"  of  ^vhich 
he  !*peaks,  would  be  altogether  swept  away,  and  the  remainder  revised 
and  rendered  intelligible,  were  new  minds  to  be  let  in  who  would  not 
venerate  au  old  system  merely  because  it  was  handed  down  to  us  from 
our  anccstoi's.  But  we  have  lawyers  here,  many  of  them ;  does  the 
knowledge  of  this  million  of  facts  raise  them  so  very  far  above  the  lay- 
men of  the  House  ?  We,  may  as  well,  th('U,  have  a  taste  of  these  sweets; 
surely  we  cannot  I'all  much  below  some  of  them  ;  perhaps  we  may  in 
time  even  venture  to  compete  with  the  most  talented. 

But  it  was  denied  that  lawyers  retained  the  money  of  their  clients; 
let  me  give  an  instance  worth  all  their  arguments.  I  will  relate  one : 
It  is  scarcely  a  month  since  a  jwor  fellow  walked  into  my  ollice  ;  the  e.\- 
ju'c-sion  of  his  countenance  was  familiar  to  me,  but  I  could  not  recollect 
liis  name  or  ■where  I  knew  him.  He  proved  to  be  an  acquaintance  of 
my  schoolboy  days,  whom  I  had  not  seen  for  twenty  years.  He  had 
conu-  to  ask  my  advice  as  to  the  course  he  should  take  with  reference  to 
the  following  transaction.  He  liad  sold  some  property,  and  taken  the 
buyer's  note  for  the  payment  of  the  price.  When  it  became  die  he  was 
obliged  to  put  it  into  the  hands  of  a  lawyer  for  collection.  For  five 
years  was  this  poor  man  kept,  by  one  excuse  or  another,  following  after 
this  lawyer's  heels  for  his  money,  until  he  at  length  employed  another 
lawyer  to  collect  it.  It  was  then  discovered  that  the  first  legal  gentle- 
man had  collected  the  debt  five  years  before,  and  would  not  pay  it  over. 
All  I  could  say  to  this  poor  fellow  was  not  very  consoling.  I  could  not 
go  into  court  and  tell  his  simple  story.  If  I  had  had  the  power,  there 
is  not  a  judge  in  Nova  Scotia  who  could  have  allowed  him  to  iemain  an 
hour  without  his  money,  or  that  lawyer  to  have  worn  his  gown.  The 
man  has  gone  home.  Whether  he  got  his  money  before  he  went,  God 
only  knows !  but  1  know,  that  if  I  had  had  the  power  to  go  into  the  su- 
preme court  and  state  his  case,  he  would  have  got  it,  and  the  genlleiuau 
^vho  retained  it  would  have  been  taught  a  lesson  that  would  have  cor- 
recfcil  his  ])ractice  in  all  tine  to  come. 

The  next  in  order  is  the  honorable  and  learned  member  for  King's. 
He  told  us  that  this  bill  was  to  take  away  the  common-law  right  pos- 
sessed at  present  by  the  people  of  this  country  to  plead  for  themselves  in 
our  courts  of  law.  The  p(.'0|)le  may  in  theory  j)ossess  that  right;  in 
practice  it  is  a  nullity.     How  was  this  bill  received  when  first  introduced? 


63G 


LAW   BILL. 


A  sneer  ami  a  luugh  all  round  tlic  House.  Suppose  any  poor  dovil  were  to 
exercise  this  eomniou-law  rij^dit,  and  attempt  to  go  forward  and  plead  liig 
own  cause  in  our  courts  ?  He  would  llnd  what  the  old  and  venerable  men 
in  our  city  found  when  they  attcm})tod  to  obtain  a  scat  within  our  justice 
halls  —  that  the  barristers'  scats  are  tilled  by  a  parcel  of  boys,  who  would 
look  with  ])ert  impudence  upon  the  intruder.  Any  man  who  attempts  to 
exercise  this  common-law  right,  as  it  is  called,  will  find  that  it  is  just 
such  a  right  as  no  man  will  attem2)t  to  exercise  more  than  once.  Sir,  in 
my  youth,  I  tried  it ;  and  had  I  not  possessed  nerves  of  iron  I  should 
never  have  been  enabled  to  bear  the  passive  resistance,  the  self-satisfied 
irony,  which  rested  upon  nine-tenths  of  the  countenances  of  those  around 
me.  But  the  honorable  gentleman  says  I  am  not  giving  the  principle 
involved  in  this  bill  its  full  scope. 

Sir,  there  is  more  than  one  way  of  defeating  a  measure ;  you  may 
either  ojjpose  it  openly,  or  restrict  it  within  such  limits  as  to  make  it  ab- 
surd. JN'ow,  1  shall  not  follow  the  leail  of  the  honorable  member.  I  shall 
not  commit  either  of  these  acts  of  folly;  and  I  will  not  take  the  sugges- 
tion of  the  honorable  member  for  Pictou  [Mr.  Blackadar].  lit;  seemed 
to  view  with  horror  undisguised  the  opening  uj)  of  our  bench  as  an  in- 
centive to  more  active  exertion  for  our  peoi)le.  I  will  go  back  to  no  veiy 
distant  period,  when  two  members  of  this  Legislature  were  placed  upon 
the  bench  —  vacancies  occurred,  and  a  judgeship  was  given  to  each. 
Sir,  had  Herbert  Huntington  received  this  honor,  and  been  called  upon 
to  decide  any  of  those  complicated  cpiestions  which  may  have  come  be- 
fore the  two  learned  judges  mentioned,  I  will  venture  to  alRrm  that  he 
would  have  dived  to  the  root  of  the  matter,  whatever  it  was,  and  given 
as  righteous  and  as  just  a  decision  as  either  of  them.  But  the  honorable 
member  Ibr  Jving's  asks,  '•  Why  not  bring  in  barristers  I'rom  abroad  ?  " 
Has  he  sat  here  for  years  and  years,  a  lawyer,  and  never  thought  of  this 
proposition  until  to-day  'i  Does  he  bring  it  forward  now  because  he 
wishes  my  bill  to  pass?  I  do  not  believe  it.  No  !  no!  The  honorable 
gentleman  wishes  to  attach  something  to  the  tail  of  the  kite  which  may 
prevent  il,-?  soaring  iiUo  the  heavens,  and  eventually  prostrate  it  in  the 
mud.  Were  a  lawyer  from  the  States,  the  Canadas,  New  Brunswick,  or 
any  other  portion  of  the  globe,  to  make  his  appearance  here  to  conduct 
a  suit  in  opposition  to  the  honorable  gentleman,  I  think  1  am  safe  in 
asserting  that  the  first  exception  he  would  take  would  be  to  lh(.'  legal 
qualification  of  his  opponent. 

The  honorable  gentleman  wishes  the  judges  to  have  the  power  of  al- 
lowing any  man,  upon  the  application  of  the  party  interested,  to  i)lead 
ibr  him.     This  might  prove  eilicient,  but  there  arc  serious  dillicullies  in 


^i  r 


LAW  r.ir.L. 


C37 


"vil  wero  to 
il  i)lca(l  his 
e  ruble  men 
our  justice 
,  who  wouUl 
ultempts  to 
at  it  \:i  just 
ico.      Sir,  in 
on  1  sliould 
self-;*atisfied 
ho?c  iiround 
he  i)rinciplc 

■c ;  you  may 
0  miikc  it  ab- 
mber.  I  ?hall 
c  the  suggcs- 
lle  seemed 
nch  as  an  in- 
Lck  to  no  very 
c  phiced  upon 
iven  to  each, 
u  called  upon 
lave  come  be- 
iitnrni  that  ho 
•as,  and  given 
the  honorable 
roin  abroad  ?  " 
\()Ught  of  this 
,\v  because  he 
riie  honorable 
iic  which  may 
;li-ate  it  in  the 
Ihunswick,  or 
lere  to  conduct 
1  am  sale  in 
l)e  to  the  legal 

le  power  of  td- 
•ested,  to  plead 
dillkultics  in 


the  wrw.  Tlic  jiuIlti'  miirlit  not  in  a  irood  many  iii-tanoc^  be  disposed  to 
<.U':\\\\  i!h'  .'iiiiilicaliiin,  nn<l  my  (ilijcct  wotiM  flin~  In;  lo-t.  These  \(>ry 
kiinllv  inlrihlcd  ;ii!il  ini'iiiinus  ami'mlmrnfs  comim!;  in  at   tlic  ninth  hi)ur, 


I  iik 


nut. 


r.iii  ti 


]!■  ht'Uoi'ait 


Ic  LTentlcman  told  us  that  when-  tl 


IclT  Won 


Id 


lie   no  i('-t!'aiut  in  the    i>-uii)i^  of  writs  mncli    iiijiii'v  wonlil  cn-n 


AV 


I'dund  our  -ti'cets  and  sei,'  slio[is  opi'u  for  the  >al('  of  pru->ic  adil, 


nrscni' 


or 


iili: 


Y^hat    restrains    tlie   midue  and   i 


unvise   sale  ot 


l)ies<'    arliele 


>l    tl 


le  re-iion 


-ihil 


itv 


tlie    -ell.'rs?      Xotl 


um 


wonlil  it    be   in   this  ea~e,  and  (he   1 


onora 


bh 


irentlenian  inu 


■t  bcl 


levc  US 


simple,  imleeil.  if  111!  sup[iuses  US  likely  to  be  i'righteiied  by  arguments  of 
(hat  hind.  Two  oi  three  of  the  opposers  of  this  nioa-ure  dwelt  mu(;h 
upon  tlie  ii'i'e-pii)i-il»ility  of  l!io-(;  wiio  \vould  have  the  power  ol'  i~>iiing 
writs  ami  condueting  tlie  suits  of  others.  Tlii'y  were  ([uite  willing  that 
tin-  rriivinciMl  M-eret;ii'y  should  be  allowe(l  the  privilege.     I  can  hardly 


<'i>l)cei\i 


uiv  man  more  likelv  t<i  misbehave  himself  or  incur  tin 


auirer 


of  the>e  honorable  genthnien  than  he  in  wliom  they  sim-mi  to  have  so 
much  conlidenoe.  Ibit  then  Ik;  says,  ""Would  you  allow  a  man  straight 
from  the  penitentiary,  to  entu'  our  courts  as  a  practitioner  and  beccjme  a 


lonoraule  mem- 


e;mi!i'!;i(e  for  a  juilge>hip  ?"  Id  answer,  U't  me  give  the  1 
her  an  f[»isode  in  the  history  of  an  English  Chief  .Tustiee,  whose  career 
had  been  wild  and  reckless  in  bis  youth,  ])nt  who  liad  for-akeii  !iis  vicious 
course.  lie  became  a  judge,  ami  while  in  the  exercise  of  his  judicial 
function-:,  a  prisoner  was  brought  Ixdbre  him,  charged  with  the  conunission 
of  a  lieinous  ''rime.      His  features  were  t'amilinr  to  the  iudire,  and  when 


(ho    tri;d  and   cond 


I'lnimtiou  o 


f  (h 


or   fellow  had 


pas 


■e( 


Wliell    tilt 


th 


shades  of  night  hud  fallen,  and  he  liad  shrunk  away  to  his  cell  to  make 
his  peace  with  (»od,  the  judge  could  not  rest  upon  his  pillow,  lie  rose, 
and  visited  the  (hunp  cell  in  which  the  prisoner  was  confined,  and  there, 
while  the  lamp  Ihmg  its  dim  and  -iekly  ray.-5  upon  his  palid  features,  the 
judge  recognized  one  of  the  companions  of  his  youth.  In  the  course  of 
his  conversation,  lie  asked  the  condemned  man  '•  How  many  of  the  old 


;aug  are  y<'t  aliv 


All  hangi'd.  please  your  Lordsliip,  exce[)t  y 


ou 


ant 


1  I, 


•as  tlie  rejoinder.  I  liav(,'  heanl  it  said,  sir,  that  some  mendjcrs 
of  our  bar  hail  vohui(eei-ed  their  assistance  in  conducting  the  trial  of 
Dr.  AVili^ter  ;  I  havt  no  doubt  but  that  the  late  of  that  nulbrtuuate  man 
depends  e)>lirely  upon  tiieir  bi-illiant  eilorts  !  Ijut  T  ,-liould  miieh  like  to 
sec  such  n)en  ;is  AVeb~tei"  and  Choate  come  down  here  and  give  us  some 
idea  of  their  foren>ic  jioweiv.  The  houoi-able  and  learned  member  for 
King's  lold  us  that  one  legal  gentleman  did  nearly  all  the  conunereial 
business  in  Hants  county,  and  another  was  so  engaged  in  Ilalifiix.     He 


638 


LAW   HILL. 


;./; 


fU» 


should  Iiavo  vfinindcd  tlioni  of  tlic  arriiiii:^<'inont  l)y  wliicli  legal  ■Lffntlcmcn 
an;  strippcil  oi"  tlu'ir  irowii-;.     Let  (ln'iii  look  lo  it  I 

I  now  conic  (o  llic  Icai'iici!  nicnilicr  lor  IJiclnnoiid.  lie  says  lie  will 
vote  for  the  hill,  luit  lie  olijccts  to  the  prciunblc.  '•  What  I  "  \\o  ,-avs, 
"  how  can  the  lawyers  citjo//  a  monopoly  (hat  is  injurious  to  them  ?"  llo 
thinks  it  bad  loiric.  IJiit  I  ask  him  if  a  man  cannot  ciijoi/  ;i  hottlo  of 
■wine,  that  may  be  injnrioiis  to  him  ?  Tiie  monopoly  of  the  bar  keeps 
out  the  fresh  minds  that  would  occasionally  come  in  ami  sharix-n  others 
liy  competition.  Take  the  learned  member  I'or  Annapolis,  jMost  of 
lis  remember  when  he  came  into  this  House.  It  was  a  n<'W  field  for 
him;  and  I  ask  the  honorable  trentleman  him-elf  if  he  has  not  learned 
more  in  the  same  time,  since  his  entrance  into  this  hall,  than  he  ever  did 
at  the  bar  ?  Tlierefore,  T  say  the  ])reamble  is  right  ;  the  monopoly  may 
be  enjoyed,  but  it  is  injurious.  Oh  !  but  he  says,  It  pretends  that  other 
people  can  teach  the  judges.  So  thin'  can.  Tiiere  are  a  hundred  eases 
■where  a  witness  can  l»e  put  into  the  box  and  the  truth  never  be  drawn  out 
by  the  lawyers.  A  case;  of  poisoning  may  depend  on  (he  eliciting  of  a 
single  chemical  fact,  and  yet  that  fact  may  not  be  slated,  and  a  man's 
life  may  rest  upon  the  issue.  So  in  various  other  cases,  where  scientific 
knowledge  is  required. 

I  went  into  (he  chancery  court  the  odior  day,  attracted  there  to  hear 
tins  great  case  of  Doyle  vs.  Uniacke,  of  which  there  have  been  so  many 
stories  told.  If  we  were  to  believe  (hem,  honorable  and  learned 
friend  was  to  be  taken  in{o  custody  for  running  olf  with  a  sum  of  money, 
if  not  for  the  nmrder  of  a  bov.  The  whole  thing  turned  out  to  be  a 
question  touching  the  legitimacy  of  a  child.  I  wi'iit  there,  however,  and 
■\vhat  did  I  hear  ?  A  volume  of  indecent  literature.  I  do  not  believe 
there  was  a  single  doctor  in  Halifax  who  would  not  have  disciissed  the 
subjt'ct  with  as  much  common  sense,  witliout  understanding  these  million 
of  facts,  of  which  we  hear  so  much.  The  judges  quoted  The  Kdiiil>urgh 
Review,  Young's  Night  Thoughts,  and  a  very  curious  extract  from  (iib- 
bon,  rather  (oo  indecent  to  be  repeated  here.  One  of  the  counsel  read 
an  extract  from  3Iiss  Kdgeworth's  novels ;  and  the  oilier  quoted  the 
great  case  of  Tittlel)at  Titmouse,  in  Ten  Thousand  a  Year,  as  law 
authority.  The  honorabh;  and  learned  member  from  I'ictou,  rjuoted 
much  from  Judge  Stoi-y's  work.  Let  mc  give  him  an  extract  worth  all 
those  he  has  urged:  — 

"  In  truth,  the  common  law,  as  a  science,  must  be  forever  in  progress; 
and  no  limits  can  be  assigned  to  its  prineiides  or  improvements.  In  this 
respect  it  resembles  the  natural  sciences,  where  new  discoveries  con- 
tinual';' lead  the  way  to  new,  and  sometimes  to  astonishing  results.     To 


LAW   BILL. 


G39 


•('81 


I  ._ronllcmcn 
.,vs  Ik'  will 

,.■1,1?"       1I<5 
!V    llOttl»5  of 

•  liiir  keeps 
irpen  others 
..     lMo.4   of 
lew  lieltl  ibr 
,  not  leanietl 
1  lie  ever  d'nl 
onopoly  nmy 
ids  tliHt  otlier 
undretl  (•t\>es 
be  (li-ivwnout 
eliciting  of  u 
,  Hiul  a  man's 
hoi-e  scionlific 

there  to  hoar 
been  ?o  many 
iind  learne() 
-urn  of  money, 
.1  out  to  be  a 
,  however,  and 
do  not  believe 

•  disen^^ed  the 
._r  ihese  million 
Mie  iMlinburgh 
met  IVom  (!ih- 
(■  counsel  read 
icr  (juoted  the 

Year,  as  law 
'ietoii,  quoted 
tract  worth  all 

•cr  in  progress ; 

ments.  In  this 
i:.('0veries  oon- 
11"  results,     'lo 


pay.  |];eref(M'e,  that  the  common  law  is  never  learned,  is  alnio-l  to  utter  a 
trui~ni.  It  is  no  more,  than  a  declaration  liiat  the  liuiuan  mind  cannot 
compass  all  human  transactions.  It  is  its  true  glory,  thai  il  is  flexible, 
and  constantly  expanding  with  the  exigencies  of  society  ;  that  il  daily 
presents  ik'W  motives  I'm-  new  and  lofti(M'  eirorts  ;  tiiat  it  hoMs  out  forever 
an  uuappi'oaclicd  degree  of  excellence  ;  that  il  nio\es  onward  in  tlie  path 
towards  |iei-feetioii,  but  never  ai'iives  at  the  ultimate  point."' 


Tl 


le  li'arned   met 


nber  for  Kiclimond  told  u>  he  was   n-oiiiLT  to  vote  for 


lh(!  mea>ure.  but  could  not  tlo  so  withoiil  slating  his  argnineiils  against 
it.      Such   a   course,  pursued  by  one   of   liio.-e  gentlemen    possessing  a 


million  of  i; 


ICH, 


jui}'  sch'iolboy  would  be  a>haiiied  of. 


I  now  come   to  my  honorable  iVieiid   IVoiii  Sydney.      Tu  opposilion  to 
this  mea-uie.  his   tactics  were  excellen 
tlons?  whi'i'e   ihe   I'xciteinent 


K-'re, 


AN' 


lere 


^y 


I  a^k 


are 


iieti- 


were   the    petitions  !uu 


excitement  when  llie  honoralile   u'entleman  introduced  his  AVind.-or  Col- 


h'<j;e  r>i!I  ?     It  wa-  a  very  good  bill ;  everv  one  was  in  favor  of  it 


an( 


It! 


ic 


lonorable  gentleman  did  not  sto[)  to  a>k  where  the  jietition-  wei 


lint 


Ihe    1 


lonoralili'   iicnllemau   was   not    content  will 


lb 


must  nt 


cds 


throw  III)  auotiii'r 


a  ne 


auly 


wli;c 


-oareit 


and  rose  so  miin. 


that  It  L''ol  (imte  out  ol  -iizht  am 


I  has 


never  .-mce  heeii  .~een. 


Tl 


le  lionor- 


able  ;i(Mitleinan  ad<~.  Have  we  not  lawNcr-  enoULdi 


tl 


le  word- of  old    Dr.  (li'ay's  thanksuiviii'. 


r 


lOU 


1  miglit  answer  m 
ha>t  .--howered  down 


enoii'ih.  Lord 


ave 


KUloraole  lileinhei' 


iiid   m<:re   than  enongli."     Now.  let  me  turn  to  the 
I'ictou  ;  he  certainly  handled  the  mea-iire  without 
gloves  to-day.      He  told   us  he  wa.>  in  fa\i)r  of  a  pure  administration  of 
just 


ic> 


-o  am 


1 


-o  are  we 


all.     r>ut  soniehow  or 


oiner,  rniiKtrs  do  i-cacli 


us  at  time 


a!   we    ha\  e  not   <sn\   it 


r.iit 


tile   liorioral)le  irentleman 


told 


us  the 
all    1; 


Am 


iinerii'ai 


1  Iie\(ilulion  \vas  produced  I>y  bail  judg 


Tl 


y 


were 


,W\('rs     lifeVIOU- 


were    t  'cy    not 


Tl 


moiiopoiv   existi'd    in 


erica  at    that    tiai 


then,  what   arirumeiit  could  be  drawn   from  that 


to  proNc  that  laymen  should  lie  pi'e\eiiti.'d  from  exercising  this  jirivilcge? 
If  il  lia\e  any  eil'ect.  surety  it  bears  against  the  honorable  gentleman's 
argument.  AVe  were  told  of  the  depth  and  profundity  of  the  studies 
rcipiircd  to  fit  men  for  this  profe^sion  ;  toKl  a  tremendous  story  aliout  the 


forii 


am 


1th 


lell  l,e  a--l\ed  Uie   liow   I  WoU 


I 


lid 


rive  an  opinion  upon  an  m.-iir- 


ance  cave  ?  Vfell.  >ir,  in  the  first  place,  my  opinion  wouhl  he  very  much 
guideil  by  the  side  upon  which  T  wa-  retained,  and  tin  amount  of  the  fee; 
and  then,  if  it  happened  that  the  party  I'ctaining  me  lia'l  no  just  grounds 
either  of  deleiice  or  proseeiuion,  his  case  .-hould  be  di-ini<sed  at  once. 
15ut  then,  the  i(irm<.  the  IbrmSj  he  says,  what  icoiihl  yoii  do  without  the 
forms?     How   would    you   understaiKl   the   nature  of  d<'clarations,  rc- 


i''l 


CIO 


LAW    lULL 


,»    '« 


!  I" 


iia 


a  I! 


'    !  .     ii 


Ui 


^S-U' 


jDiiidci's,  siii'-rcjoiinlt'i'-i,  nlniilii -.   ami    siir-i'djiittcr-.  willi   ;i    ^coi'c  o 


f 


>ll 


OlIlCI'S 


\v 


-ir.   Im  MM'  cxacllv   \vli;il   all    tlii     iiiv- icrnni-    lan\riiilh 


dl'  liai'il  iiaiiic-;  iiicaiil,  I  m'IiI  (MiI  Io  a  .-la!ii»iici'"s  ami  l)Oll,^•lll  iiji  all  the 
fiirm-  I  could  L,^rt.  The  grcati'i-  iiail  arc  v^'i'y  -iiiiplc  ;  mjiiic  \  ci'y  .-tii|ii(I, 
aiiil  ^niiic  al)-(thiti'  iion-i'ii-i'  ;  Iml  llii'i'c  ]<  \\n\  mv  nwutwj^  ilic  wliol''.  ol' 
ulilcli  a  man  willi  ('(HiniiDii  liraiii-  woiilil  iid!  Irani  liic  u-c  ami  applira- 
liiiii,  ill  one  iiioiilli.  A  siiii|ili'  iVicml  ol'  luim'  diirc  I'ci'civri]  o;a'  of  llir-c 
iiivstci'ioiis  (lociiiiiciit-,  ami  iti'i-oaiiii'^  drcaiHullv  iViuliH'iii'd,  In'  iio^ti'd 
iiiuiicdiatcly  to  town.  I  liappciK'd  to  iiU'i.'L  liiai,  and  he  acco-icd  me, 
f-cciiiiiiiz'ly  in  lircat  [)crinrl)alion,  a-kin;j;  in  ■  whal  he  \va>  lo  <lo,  and 
slalcd   that    lie   had   hccii  .-ci'vcil  with  ;(    |ia|iir  in  which   lie  wa-  cliargi'd 


\\  nil  lia\  iiiLj  (loiic  .-oiii 


clhiii'j'  to  a  Mr.  .loliii  1) 


oc  ami 


a  :\Ir.  iJichard  \l 


A-<  I'or  !\lr.  dolni  Doc,  lie  ni'vcr'  hcanl  ol'  hlin  in   his   lil'c  ;  and  llic  oiily 


M 


V.  I'lic  he  knew,  wa-  a  Mr.  'roiniin'  Koe  in  Mii>(|nodo:;oit,  with  whom 


lie  had  always  liccii  on  tcriiH  ol'  rricmldiip.  Uiit  the  honorable  iicnilc- 
man  know  s  iT^lil  well  that  there  are  hook-,  in  which  lhe->c  i'orni- and  their 
!i|ii)lications  arc  >el  down  with  iimni-takahic   ]i!ainiie>-;  ;  am 


thai   all  the 


i<ii'in<  uiijiht  to  lie  as  simple  a-  iho-c  in  ^laishall's  .Iiislicc.  The  honor- 
jibK;  gentlcineii  who  liatile  so  steadily  I'or  these  t'ornis,  put  me  in  mind  of 
the  1(1(1  military  gt'ninses  of  the  Low  Countries,  ahonl  the  liiiK.'  when 
Sterne  wi-ote   his   Tristram    Shandy.      His    inimilalile    Corporal   Trim, 


their  cliaraclcn>tics. 


AVI 


IV.  if  a  man 


faithfully  I'epresenteil  tlicin  in  all 
Mere  lireakiiiLT  in  at  his  ma-lcr's  window,-.  Trim  would  never  think  (jf 
Idowiii^'  his  hraiiis  out  iinlil  he  had  >liouIdcre(l  arni<  and  gone  ihruiigh 
all  the  preruiiiiiary  forms.  AVlial  hecame  of  thai  ^y.-lem-'  Why,  siieli 
men  a-  Coiidc.  Prince  Kngciie.  and  Uoiiaparle,  liroke  through  these 
mii.-ty  rules  of  the  pa-t  ;  taking  the  old  .-oldier-  hy  tin;  ([ueiies  and 
da.-liing  their  heads  togeiher,  they  taught  them  the  art  of  war.  So  the 
legal  profe.-sion  would  Iiciieiit  if  new  iiiiml-  were  let  in  among  iheni. 
liut  the  learned  member  says  I  might  be  iion.-nited.  Well,  sir,  it  i.s 
not  a  very  great  while  ago,  that,  straying  accidentally  into  the  supreme 
eourt  one  morning,  there  J  saw  the  judge  in  his  ermine,  the  jurymen  nil 
expectation,  and  my  honorable  and  learned  friend  ju-f  rising  lo  address 
the  court  on  one  of  tlio.-e  heavy  ca.-es  of  which  Iw;  speaks  ,-o  much.  He 
liad  not   proceeded  very  far  when    hi'  was  lurneil  out  of  court  iion-iiited. 

Hon.  (1.  \l.  Young.       I  never  was  nonsuited  in  my  life. 

31r.  Howe.  ]My  lioiioral'le  friend  >lioulil  not  interniiit  me;  mis- 
takes will  oeenr,  evi'ii  in  the  be-t  i'  giilated  i'amilies.  1  will  not 
name  the  day  nor  the  hour;  but  I  reiollect  lia\  iiig  ,-een  him  nnieli 
excited,  because  the  judges  did  not  understand  the  law  exactly  as  he 
did.     AVe    are   told  of  the   six  hnndied  volmnes  of  reports.     Xo  man 


J, AW    lilLI, 


Oil 


fslioiiM    licli(\(-    f(ir  a   iiioinci'.t.  tlial    aiiv   liiuvcr  rviu]-   tl 


ic     will) 


!.■    nf 


llit'SL'   rciuirl-  :    it  woiiM  iml   liciiclil    tliciii.      1    \va-   jiuicli    -iriick    willi 
ail   aii-wcr    1   rcciivcil   iVoiu   a   iVii  inl    wlnii    I    liail 


a-!vi(i 


lie  rcau  uiucli  ov  iml 


il 


(•  aii-wrri'i 


hint  wlu'llicr 
1,  No  I  hicaiisi'  it  |H'c\(iii.-  inc  Wnin 
lliiiikiiiL;'.  Il  i-  lln'  ;j;i'a|ii)liiiL,^  ami  ,iii'a-[iiii,u'  wliat  a  man  ilocs  rc^id,  tiiat 
bc'iH'lit-  liiiii.  Sonic  men  ovt'rloaili.d  iIr'  .-tduiacli ;  tlic  cllri'i  j,  an  allack 
of  (lys]i('])-ia  ;  xnwv  oviM'luad  the  brain,  tliat  i-  (-(iiially  (.'(jiiLri'-tiM'.  lial 
my  liiinoralilf  I'rii'nd   liinisclf  [iiMvrs  tliat   tin'  .-tndy  of  tin-  law  mii 


nrr 


iiut  llic  \vl 


a  Mian  s  tain'  :  In'  c 


.ll.'Cl.- 


liis  -laliMics  on  (;V('iy  \arit!y 


ol' .-nlij'.'t't.  allciid-  lo  liis  li'u;i-lativi:  duties,  and  [inr-iir-.  hi-  law  a\(icalion,i 
also.  The  liiinoralile  gentleman  rel'eiTcd  to  Demo.-lliene-.  Thai  icle- 
hrak'd  Athenian  orattyr  look  nmeh  jiain-  with  him-elf;  he  was  allllejeil 
uith  an  imiiedinient  in  his  sjieeeh,  and  to  cure  that  he  went  njion  tlu' 
sea-shore:  and  with  the  Ln'e'en  hill-  of  his  eonnlry  hehiiiil  him,  while  the, 
vaves  of  ih"  ocean  rolled  in  and  da-hetl  their  I'oam  \ijion  the  .-t rand,  with 
pehldes  in  his  month,  he  ileelaim"d  'ill  hi>  nlleranee  wa-  free.  My 
honoi'ahle  and  learned  friend  niiL:iil.  with  mueh  lieiielii  to  him-<li'.  foll.iw 
llio  cxani[)le  of  DeiiKJSthenes.  He  told  us  he  ••  intended  lo  take  a  jirac- 
lieal  and  eoiii|irehensive  view  of  the  ([nestion."  and  then  at  once  come  to 
'•the  division  of  the  lees."     Then   he   toM   ns  thai  Kr-kine  Avas  a  \cry 


ji'ood    lu.'ii-jtrniii   |ileader,  nut    maile  a  wrechetl   had  (iiaia'iljor  ;    lliat  Sii 
James   I\Iackiiito.-h   was   a  uood    historia 


n,  bill    no    lawyer 


ihl 


lor 


]\[ucaulay,  he.  was  no  lawyer  at  all.  Now  what  did  the  hoiioralile  ;:;en- 
lleinan  mean  hy  all  this?  lie  surely  did  not  mean  to  a-.-ert  that  we 
have  men  at  the  har  of  .Xova  Scolia  their  (  qual.-.  I'.nl  the  arirmneiit 
tells  a^rain-t  him,  i'or  they  all  .-tudied  law  iiuder  the  old  .-y>tem.  Sir.  I 
seldom  enter  the  .-iipreme  eonrl  ;  hiil  I  ha\i,'  never  lioiie  there  hut  niatter 
for  dee[i  reflection   has  attracted  my  allenlion.      Some   |ioor  d 


e\ii    1-   ar- 


raigned lor  hi-  life  ;   he  ha-  oj)i)0<e<l  to  him  one  ( 
Province,   mv    honorahli'    friend    the   .Vt! 


le  aiui.'st  men  ni  lln' 


oriiev    v.eiiera 


il.      ']• 


smiling  upon  some   young  barrister  of  perliaj)-  a  yeai'"s  -landing,  as-ign.- 


Iiiiii  as  coiinxd  I'or  the  defei 


ice  ;  11 


poll  ll 


le   l-<ue  o 


I'  that  trial,  depend-  thai 


]irisoiier's  /ij'r.  Sir.  I  f  (  1  thai  1  am  wearying  the  coinniiilee,  and  ihal 
J  have  not  done  this  subject  justice.  Ilail  il  bet  n  in  the  hand-  of  those 
more  intimately  ae(|nainted  with  it  in  all  its  details.  I  doul»i  not  bat  it 
would  have  passed  by  an  overwliehuing  majorily.  Whal  il-  fale  mav 
now  lie,  I  know  not.  I  hope,  however,  thai  it  ma}'  luuc  iViiiid.-  enough 
to  tide  it  over.     Sir,  J  have  oullived   the   paltry  ambilioii  (if  alleni|pliiig 


to  gather  popularity  around  iiii/. 


1  iiii/si'It'.     1  desire  to  clothe  lho<e  v.  in 


1  whom 


am  associated  with  all  the  jiopularity  I  may  achieve,  and   I  ^eek  Iron 


them  but  the  same  sympathy  and  sup[ioi't.      Kai'liei'  in   life  1   i 


na\'  have 


ri4^ 


C42 


IXCORPORAnoy  OF   TOWNSHIPS. 


i     '     M' 


a-jiinil  to  tlir<)\v  iiiy.-cll"  ill  rivalry  against  pomo  incmhcrof  tin'  profession, 
but  all  >iic!i  rcclin:^  lias  lonj^  since  passed  away.  I  complain  not  of  tlio 
opposiiion  wliieli  llie  jirofession  liavc  given  to  lliis  measure,  except  it 
may  1m;  slightly  of  ili-;  lionoralile  member  for  King's  ;  bnt  so  far  from  being 
jealous  ol'  his  lal(iil<,  iiolliiiig  would  give  me  more  pleasure  than  to 
see  bim  a-Miiin'  the  highest  jio-ititju  adainabh'  in  bis  profession  or  bis 
coiMitry. 

A  moasuro  vas  introdueod  by  INIr.  IToavc,  at  this  sossion, 
which  met  witli  very  general  support,  and  passed  through  boili 
l)ran('hcs  by  larg(>  majorities.  It  was  entitled  "  An  act  to 
divJtU;  the  county  o(  Halifax  into  townships,  and  to  confer 
?vrtain  municipal  privileges  upon  the  inhabitants  thereof." 
This  act  dividetl  the  metroi)olitan  county  into  townships  of 
modcn-aic  exteni,  antl  gave  to  tlu;  peo[)l(!  nninicipal  i)owcrs  to 
regulate  and  control  their  local  allairs.  They  were  authorized 
to  raise  by  assessuu'nt  funds  for  the  support  of  education,  of 
roads  and  bridges,  of  ferries ;  for  deepening  rivers  and  wate, 
courses;  for  the  erection  of  town  houses.  The  election  of 
township  oHicers,  including  magistrates,  was  also  conferred 
upon  them.  Lord  (irey  took  exception  to  this  part  of  the 
law,  and  tlu^  Queen's  assent  was  withheld.  The  experiment, 
we  think,  would  have  worked  well,  and  if  it  hod,  the  law,  long 
before  this,  would  have  been  adopted  in  other  counties. 

In  closing  the  session.  Sir  John  Ilarvey  said,  "I  have  marked 
with  great  satisfaction  the  enlightened  princi[)les  of  connuercial 
policy  which  you  have  adopted,  the  loyal  sentimeiits  you  have 
expressed,  and  the  steadiness  with  which  you  have  guarded  the 
Constilution  established  by  the  struggles  and  sacriticcs  of  the 
past." 


IM.       /,! 

1  ■;'?■:;.   ii 

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END    OF    VOLUME    FIHST. 


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